Indigenous Environmental Network et al v. United States Department of State et al
Plaintiff: Indigenous Environmental Network and North Coast Rivers Alliance
Defendant: United States Department of State, Thomas A. Shannon, Jr., United States Fish and Wildlife Service, James W. Kurth and Ryan Keith Zinke
Case Number: 4:2017cv00029
Filed: March 27, 2017
Court: US District Court for the District of Montana
Office: Great Falls Office
County: PHILLIPS
Presiding Judge: Brian Morris
Nature of Suit: Review or Appeal of Agency Decision
Cause of Action: 42:4321
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 31, 2020 Opinion or Order Filing 283 ORDER ENTERING STIPULATED SETTLEMENT AGREEMENT ON PLAINTIFFS INDIGENOUS ENVIRONMENTAL NETWORK ET AL'S MOTION FOR ATTORNEY FEES AND COSTS: The Court hereby APPROVES the Stipulated Settlement. The terms and conditions of the parties' Stipulat ed Settlement Agreement are incorporated into this Order. Plaintiffs' 265 Motion for Attorney Fees and Costs is DISMISSED with prejudice. The Court retains jurisdiction of this matter solely for purposes of enforcing the Stipulated Settlement Agreement. Signed by Judge Brian Morris on 1/31/2020. (SLR)
February 15, 2019 Opinion or Order Filing 252 SUPPLEMENTAL ORDER REGARDING MOTION TO STAY. TransCanada's Motion to Stay the application of the permanent injunction with respect to its right to engage in the three proposed off-right-of-way activities is GRANTED IN PART, AND DENIED IN PART. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 2/15/2019. (SLR)
November 15, 2018 Opinion or Order Filing 220 CLERK'S JUDGMENT: Judgment is hereby entered in accordance with the Courts November 15, 2018, and November 8, 2018, Orders, Documents 218 & 219 , respectively. Signed by Judge Brian Morris on 11/15/2018. Associated Cases: 4:17-cv-00029-BMM, 4:17-cv-00031-BMM (TLO)
November 8, 2018 Opinion or Order Filing 218 ORDER; (1) Plaintiffs Motions for Summary Judgment 139 145 are GRANTED IN PART and DENIED IN PART in accordance with the above Order; (2) Defendants CrossMotions for Summary Judgment 170 172 are GRANTED IN PART and DENIED IN PART; (3) It is further ordered that the Departments ROD issued on March 23, 2017, is VACATED. (4) Plaintiffs request for injunctive relief is GRANTED. The Court enjoins Federal Defendants and TransCanada from engaging in any activity in furtherance of the constr uction or operation of Keystone and associated facilities until the Department has completed a supplement to the 2014 SEIS that complies with the requirements of NEPA and the APA. (5) This matter is REMANDED to the Department for further consideration consistent with this order. Signed by Judge Brian Morris on 11/8/2018. Associated Cases: 4:17-cv-00029-BMM, 4:17-cv-00031-BMM (TLO)
September 27, 2018 Opinion or Order Filing 217 ORDER re Telephonic Status Conference held 9/25/2018. The Parties and the Court agreed on the following: Defendants shall adhere to the dates put forth in the Proposed Schedule 211 for completing the Supplemental Environmental Impact Statement ( SEIS). The SEIS shall be limited to the Mainline Alternative Route pursuant to this Courts Order on Partial Summary Judgment. 210 The 45-day public comment period on Defendantss Draft SEIS opened on September 24, 2018. The proposed comment period will close on November 8, 2018. Defendants shall respond to the provided comments, as required by law. The Proposed Schedule may be subject to change based on the volume and complexity of comments received from the public. Defendants shall provide th e Court and parties with any updates on further construction changes and developments. The Court will set a status conference within ten days of the Courts order on the remaining motions for summary judgment. Signed by Judge Brian Morris on 9/27/2018. Associated Cases: 4:17-cv-00029-BMM, 4:17-cv-00031-BMM (TLO)
August 15, 2018 Opinion or Order Filing 210 PARTIAL ORDER ON SUMMARY JUDGMENT REGARDING NEPA COMPLIANCE re Plaintiffs Motions for Summary Judgment 139 145 and Federal Defendants and TransCanada Cross Motions for Summary Judgment. 172 170 The Court held a hearing on these motions on May 24, 2018. 194 . CONCLUSION AND ORDER; 1. Federal Defendants must supplement the 2014 final supplemental EIS to consider the Mainline Alternative route as approved by the Nebraska PSC. 2. The Court declines to vacate the Presidential Permit at this time. TransCanada has represented to the Court that construction of the pipeline will not begin until the second quarter of 2019. The Court directs Federal Defendants to file a proposed schedule to supplement the EIS in a manner that allows appropri ate review before TransCanadas planned construction activities. 3. The Court will consider further remedies if circumstances change that do not allow review of the supplemental EIS before TransCanadas planned construction activities. Signed by Judge Brian Morris on 8/15/2018. Associated Cases: 4:17-cv-00029-BMM, 4:17-cv-00031-BMM (TLO)
April 16, 2018 Opinion or Order Filing 179 ORDER; Plaintiffs Motion to Complete the Administrative Records and Lift the Confidentiality Designation for Certain Files (Doc. 125) is GRANTED to the extent as follows. Plaintiffs must provide to Federal Defendants a reasonable list of search term s, not to exceed fifty, to further narrow the scope of inquiry by April 25, 2018. Federal Defendants must produce the complete administrative records and/or privilege log for the eight prioritized custodians using the search terms provided and the timeframe of May 2012 to November 2015 by May 11, 2018. Federal Defendants must produce the complete administrative records and/or privilege log for the remaining custodians using the search terms provided and the timeframe of May 2012 to November 2015 by June 10, 2018. Signed by Judge Brian Morris on 4/16/2018. Associated Cases: 4:17-cv-00029-BMM, 4:17-cv-00031-BMM (TLO)
January 30, 2018 Opinion or Order Filing 137 ORDER granting (127) Motion TO ACCESS A COPY OF THE ADMINISTRATIVE RECORD FILED ON DECEMBER 8, 2017 in case 4:17-cv-00029-BMM; granting (119) Motion TO ACCESS A COPY OF THE ADMINISTRATIVE RECORD FILED ON DECEMBER 8, 2017 in case 4:17-cv-00031-BMM. The Clerk shall copy the flash drives containing the Administrative Record 112 . Mr. Furlong shall pay all appropriate costs. Signed by Judge Brian Morris on 1/30/2018. Associated Cases: 4:17-cv-00029-BMM, 4:17-cv-00031-BMM (MMS)
January 16, 2018 Opinion or Order Filing 129 ORDER granting (128) Motion Regarding Word Limits, Separate Statements of Facts, and Joint Appendix in case 4:17-cv-00029-BMM; granting (120) Motion Regarding Word Limits, Separate Statements of Facts, and Joint Appendix in case 4:17-cv-00031-BMM. PLEASE SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 1/16/2018. Associated Cases: 4:17-cv-00029-BMM, 4:17-cv-00031-BMM (MMS)
January 8, 2018 Opinion or Order Filing 124 ORDER granting (121) Motion to Appear Pro Hac Vice (Peter C. Whitfield) in case 4:17-cv-00029-BMM; granting (113) Motion to Appear Pro Hac Vice in case 4:17-cv-00031-BMM Acknowledgment of PHV Order due by 1/23/2018. Signed by Judge Brian Morris on 1/8/2018. Associated Cases: 4:17-cv-00029-BMM, 4:17-cv-00031-BMM. (Copy of order mailed to counsel) (MMS)
December 12, 2017 Opinion or Order Filing 113 ORDER: IT IS HEREBY ORDERED: 1) Federal Defendants' (84 in 4:17-cv-00031-BMM, 91 in 4:17-cv-00029-BMM) Motion to Limit Judicial Review is DENIED to the extent that Plaintiffs seek to introduce expert testimony. 2) Plaintiffs shall file with the Court their Expert Disclosures with Reports on or before December 29, 2017. 3) Federal Defendants and TransCanada shall file with the Court their Rebuttal Expert Disclosures with Reports on or before January 26, 2018. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 12/12/2017. Associated Cases: 4:17-cv-00029-BMM, 4:17-cv-00031-BMM (SLR)
December 5, 2017 Opinion or Order Filing 105 ORDER granting (91) Motion in case 4:17-cv-00029-BMM; granting (84) Motion in case 4:17-cv-00031-BMM. The Federal Defendants may file one combined reply brief, in support of their Motion to Limit Judicial Review of All Claims to the Administrative Records 91 , that does not exceed 6,500 words. Signed by Judge Brian Morris on 12/5/2017. Associated Cases: 4:17-cv-00029-BMM, 4:17-cv-00031-BMM (MMS)
November 22, 2017 Opinion or Order Filing 99 ORDER denying (44) Motion to Dismiss for Lack of Jurisdiction; denying (48) Motion to Dismiss for Lack of Jurisdiction; denying (68) Motion to Dismiss for Lack of Jurisdiction; denying (70) Motion to Dismiss for Lack of Jurisdiction in case 4:17-cv-00029-BMM. Signed by Judge Brian Morris on 11/22/2017. Associated Cases: 4:17-cv-00029-BMM, 4:17-cv-00031-BMM (MMS)
October 4, 2017 Opinion or Order Filing 82 ORDER: Northern Plains Resource Council et al v. Shannon et al, No. CV-17-31-GF-BMM is hereby consolidate with this action, CV-17-29-GF-BMM, for the limited purposes of briefing and scheduling, with this action designated as the lead case. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 10/4/2017. Associated Cases: 4:17-cv-00029-BMM, 4:17-cv-00031-BMM (MMS)
July 25, 2017 Opinion or Order Filing 63 Order: The Motion Hearing and Preliminary Pretrial Conference are RESET for October 11, 2017 at 1:30 p.m. Preliminary Pretrial Statements, Joint Discovery Plan and Statement of Stipulated Facts are due to the Court on October 4, 2017. Signed by Judge Brian Morris on 7/25/2017. (MMS)
June 1, 2017 Opinion or Order Filing 41 ORDER granting 38 Motion to Appear Pro Hac Vice for Attorney Lauren C. Freeman for TransCanada Corporation and for TransCanada Keystone Pipeline LP.; granting 39 Motion to Appear Pro Hac Vice for Attorney Peter R. Steenland for TransCanada Corporation and TransCanada Keystone Pipeline LP. Acknowledgment of PHV Order due by 6/16/2017. Signed by Judge Brian Morris on 6/1/2017. (TLO)
May 25, 2017 Opinion or Order Filing 37 ORDER; IT IS ORDERED that the opposed motion 32 for intervention as of right of Applicant TransCanada is hereby GRANTED. IT IS FURTHER ORDERED that Defendant-Intervenor TransCanada must file its responsive pleading or motion within seven days afte r the deadline by which Federal Defendants must file their responsive pleading or motion. The Court will impose briefing word limits on all parties, including intervenors at the preliminary pretrial conference, which will be scheduled after responsive pleadings or motions are filed in this case. Signed by Judge Brian Morris on 5/25/2017. (TLO)
April 12, 2017 Opinion or Order Filing 13 ORDER: Plaintiffs have moved for admission of Stephan C. Volker to practice before this Court in this case with James A. Patten of Patten, Peterman, Bekkedahl & Green, PLLC to act as local counsel. Mr. Volker's application appears to be in compl iance with L.R. 83.1(d). IT IS HEREBY ORDERED: Plaintiffs' 3 Motion to allow Mr. Volker to appear on their behalf is GRANTED on the following conditions: SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 4/12/2017. (copy of Order mailed to Counsel Volker). (SLR)
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Search for this case: Indigenous Environmental Network et al v. United States Department of State et al
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Plaintiff: Indigenous Environmental Network
Represented By: Stephanie L. Clarke
Represented By: Daniel P. Garrett-Steinman
Represented By: Alexis E. Krieg
Represented By: James A. Patten
Represented By: Jamey M.B. Volker
Represented By: Stephan C. Volker
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Plaintiff: North Coast Rivers Alliance
Represented By: Stephanie L. Clarke
Represented By: Daniel P. Garrett-Steinman
Represented By: Alexis E. Krieg
Represented By: James A. Patten
Represented By: Jamey M.B. Volker
Represented By: Stephan C. Volker
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Defendant: United States Department of State
Represented By: Luther L. Hajek
Represented By: Bridget K. McNeil
Represented By: Mark Steger Smith
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Defendant: Thomas A. Shannon, Jr.
Represented By: Luther L. Hajek
Represented By: Bridget K. McNeil
Represented By: Mark Steger Smith
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Defendant: United States Fish and Wildlife Service
Represented By: Luther L. Hajek
Represented By: Bridget K. McNeil
Represented By: Mark Steger Smith
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Defendant: James W. Kurth
Represented By: Luther L. Hajek
Represented By: Bridget K. McNeil
Represented By: Mark Steger Smith
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Defendant: Ryan Keith Zinke
Represented By: Luther L. Hajek
Represented By: Bridget K. McNeil
Represented By: Mark Steger Smith
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