Upper Missouri Waterkeeper v. United States Environmental Protection Agency et al
Plaintiff: Upper Missouri Waterkeeper
Defendant: United States Environmental Protection Agency and Gina McCarthy
Case Number: 4:2016cv00052
Filed: May 31, 2016
Court: US District Court for the District of Montana
Office: Great Falls Office
County: CASCADE
Presiding Judge: Brian Morris
Nature of Suit: Environmental Matters
Cause of Action: 33 U.S.C. ยง 1365
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
June 29, 2022 Opinion or Order Filing 260 AMENDED CLERK'S JUDGMENT. This matter comes before the Court on remand from the United States Court of Appeals for the Ninth Circuit in Case No. 4:16-cv-00052- BMM and the United States Environmental Protection Agencys Motion for Entry of Order and Amended Final Judgment. IT IS ORDERED that the motion is GRANTED. In accordance with the instructions of the Court of Appeals for the Ninth Circuit on remand to this Court, Upper Missouri Waterkeepers motion for summary judgment (Doc. No. 148) is denied and EPAs and intervenor-defendants motions for summary judgment (Doc. Nos. 151, 155, 159, 161, 165) are granted in full. (SLR)
April 4, 2022 Opinion or Order Filing 255 ORDER in case 4:16-cv-00052-BMM; granting (105) Motion in case 4:20-cv-00027-BMM IT IS ORDERED that Waterkeepers Motion for Partial Dismissal (Doc. 105) is GRANTED. The remaining claims in Waterkeeper II are dismissed without prejudice, each party to bear its own fees and costs. Signed by Judge Brian Morris on 4/4/2022. Associated Cases: 4:16-cv-00052-BMM, 4:20-cv-00027-BMM (KAH)
November 12, 2020 Opinion or Order Filing 227 ORDER: On or before November 17, 2020, counsel for the parties shall confer for the purpose of identifying the issues that are amenable to mediation. The parties shall submit a joint status report to the Court on or before November 18, 2020, that identifies the issues that are amenable to mediation, if any. Signed by Magistrate Judge John Johnston on 11/12/2020. Associated Cases: 4:16-cv-00052-BMM, 4:20-cv-00027-BMM (MMS)
October 30, 2020 Opinion or Order Filing 224 CONSOLIDATED ORDER; 1. Waterkeeper I (Cause No. CV-16-52) and Waterkeeper II (Cause No. CV-20-27) are CONSOLIDATED. 2. This Order incorporates by reference the partial vacatur and stay imposed by the 2019 Remedies Order, Waterkeeper I, Doc. 184 . T he partial vacatur shall be STAYED until EPA approves replacement general variance timelines in accordance with this Courts 2019 Summary Judgment Order, Waterkeeper I, Doc. 177 . 3. The Court DEFERS ruling on the Motions for Summary Judgment (Docs. 12 , 35 , 39 , 43 , and 63 ) in Waterkeeper II until it completes additional record review. Signed by Judge Brian Morris on 10/30/2020. (TLO)
December 20, 2019 Opinion or Order Filing 211 ORDER denying 188 Motion to Alter Judgment or amend judgment. Signed by Judge Brian Morris on 12/20/2019. (ACC)
September 20, 2019 Opinion or Order Filing 187 CLERK'S JUDGMENT. IT IS ORDERED AND ADJUDGED that Final Judgment is entered in this matter in accordance with the Court's Orders dated March 25, 2019 (Doc. 177) and July 16, 2019 (Doc. 184). All other relief requested by the parties in this action is denied. (SLR)
September 17, 2019 Opinion or Order Filing 186 ORDER (1) The Clerk shall enter Final Judgment in this matter in accordance withthe Courts orders on March 25th, 2019 (Doc. 177) and July 16, 2019(Doc. 184).(2) All other relief requested by the parties in this action is denied. Signed by Judge Brian Morris on 9/17/2019. (SLL)
March 25, 2019 Opinion or Order Filing 177 ORDER: 1) Plaintiff's 148 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART; 2) Defendants' 151 , 155 , 159 , 161 , and 165 Cross-Motions for Summary Judgment are GRANTED IN PART and DENIED IN PART; 3) The parties sh all meet and confer in good faith to attempt to reach an agreement as to remedies. If the parties cannot agree, the parties shall submit additional briefing on remedies no later than sixty days from today's date, in accordance with the above Order; 4) Entry of judgment will follow the imposition of a remedy in accordance with the above Order. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 3/25/2019. (SLR)
February 14, 2017 Opinion or Order Filing 74 ORDER granting 72 Motion for Revision of Briefing Schedule. Defendants' shall file a response brief or a cross-motion for summary judgment (with supporting brief) on or before March 3, 2017. Defendant's brief shall be limited to 12,000 w ords. Intervenor-Defendant State of Montana Department of Environmental Quality (State of Montana) may file a response brief or a cross-motion for summary judgment (with supporting brief) on or before March 28, 2017. The State of Montana's brief shall be limited to 7,500 words. All other deadlines in the Court's Scheduling Order of November 7, 2016, shall remain in full force and effect. Signed by Judge Brian Morris on 2/14/2017. (MMS)
November 7, 2016 Opinion or Order Filing 64 ORDER: IT IS HEREBY ORDERED that the following schedule will govern all further proceedings in this matter: 1. Defendants shall compile and lodge with the Court two copies of the administrative record on or before 12/2/16. A complete and accurate cop y of the CDs shall be served on counsel for the Plaintiff and the Intervenor-Defendants on or before 12/2/16. 2. Motions to supplement the administrative record shall be filed on or before 12/13/16. 3. Motions contesting the adequacy of the administr ative record shall be filed on or before 12/13/16. 4. Motions to amend the pleadings shall be filed on or before 12/13/16. 5. Plaintiff shall file a motion for summary judgment on or before 12/21/2016. 6. Defendants' shall file a response brief or a cross-motion for summary judgment on ore before 2/24/17. 7. Intervenor-Defendant State of Montana Department of Environmental Quality may file a response brief or a cross-motion for summary judgment on or before 3/24/17. 8. Intervenor-Defendants Treasure State Resource Association of Montana, Montana League of Cities and Towns and National Association of Clean Water Agencies may each file a response brief or a cross-motion for summary judgment on or before 4/10/17. 9. Plaintiffs shall file a combined reply brief and response to any cross-motions for summary judgment on or before 5/12/17. 10. Defendants and the Intervenor-Defendants shall file their reply briefs on or before 6/16/17. (SEE ORDER FOR FULL DETAILS) Signed by Judge Brian Morris on 11/7/2016. (MMS, )
October 17, 2016 Opinion or Order Filing 48 ORDER: re 44 Motion to Appear Pro Hac Vice ; 45 Motion to Appear Pro Hac Vice ; 46 Motion to Appear Pro Hac Vice. IT IS HEREBY ORDERED: Nationals motions to allow Paul M. Drucker, (Doc. 44), Fredric P. Andes(Doc. 45) and Jill M. Fortney (Doc . 46) are GRANTED on the followingconditions:1. Local counsel, Mr. Warhank will be designated as lead counsel or as co-leadcounsel with Paul M. Drucker, Fredric P. Andes and Jill M. Fortney. Paul M.Drucker, Fredric P. Andes and Jill M. Fortney must d o their own work. They must do their own writing, sign their own pleadings, motions, briefs and otherdocuments served or filed by them, and, if designated co-lead counsel, mustappear and participate personally in all proceedings before the Court. Loc alcounsel, Mr. Warhank shall also shall also sign such pleadings, motions and briefsand other documents served or filed. 2. Admission is not granted until Paul M. Drucker, Fredric P. Andes and Jill M. Fortney, within fifteen (15) days from the date o f this Order have filed an acknowledgment and acceptance of their admission under the terms set forth above. 3. Admission is personal to Paul M. Drucker, Fredric P. Andes and Jill M. Fortney. Acknowledgment of PHV Order due by 11/1/2016. Signed by Judge Brian Morris on 10/17/2016. (ACC, )
October 13, 2016 Opinion or Order Filing 43 ORDER granting 41 Motion to Intervene as to National Association of Clean Water Agencies. IT IS ALSO ORDERED that the National Association of Clean Water Agencies Interveners shall file their answer (Doc. 41-3) and motions to appear pro hac vice (Docs.41-4, 41-7, and 41-10) separately, not as attachments to their motion to intervene and in compliance with Local Rules of the District of Montana. Signed by Judge Brian Morris on 10/13/2016. (MMS, )
October 5, 2016 Opinion or Order Filing 39 ORDER granting 37 Motion to Appear by Telephone. Plaintiff and Defendant United States Environmental Protection Agency may appear at the Pretrial Conference on November 3, 2016 by telephone. The Court will contact the parties with the call in number. Signed by Judge Brian Morris on 10/5/2016. (MMS, )
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Search for this case: Upper Missouri Waterkeeper v. United States Environmental Protection Agency et al
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Plaintiff: Upper Missouri Waterkeeper
Represented By: Janette K. Brimmer
Represented By: Albert F. Ettinger
Represented By: Katherine K. O'Brien
Represented By: Stephanie K. Tsosie
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Defendant: United States Environmental Protection Agency
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Defendant: Gina McCarthy
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