Environmental Defense Fund et al v. U.S. Environmental Protection Agency et al
| Environmental Defense Fund, Citizens for Clean Energy and Montana Environmental Information Center |
| U.S. Environmental Protection Agency and Andrew R. Wheeler |
| 4:2021cv00003 |
| January 11, 2021 |
| US District Court for the District of Montana |
| Brian Morris |
| Environmental Matters |
| 05 U.S.C. § 0701 |
| None |
Docket Report
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This docket was last retrieved on February 1, 2021. A more recent docket listing may be available from PACER.
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Filing 38
ORDER granting #37 Motion to Vacate and Remand. The Final Rule is hereby vacated and remanded to the Environmental Protection Agency. Signed by Judge Brian Morris on 2/1/2021. (MMS)
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| Filing 37 Unopposed MOTION to Vacate and Remand Joshua Edward Gardner appearing for Defendants U.S. Environmental Protection Agency, Andrew R. Wheeler (Attachments: #1 Exhibit, #2 Text of Proposed Order) (Gardner, Joshua) |
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Filing 36
ORDER granting #8 Motion for Partial Summary Judgment. The Court declares that EPA unlawfully made the Final Rule effective immediately on publication in the Federal Register, Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information 86 Fed. Reg. 469 (Jan. 6, 2021); and The Court declares, therefore, that the Final Rule is ineffective until 30 days from its January 6, 2021, date of publication in the Federal Register; February 5, 2021. Signed by Judge Brian Morris on 1/27/2021. (MMS)
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| Filing 35 AFFIDAVIT of Service for Summons and Complaint served on Andrew R. Wheeler, in his official capacity as Administrator of the U.S. Environmental Protection Agency on 1/13/2021, filed by Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center. (Gupta, Deepak) |
| Filing 34 AFFIDAVIT of Service for Summons and Complaint served on United States Environmental Protection Agency c/o David Fatouhi, Acting General Counsel on 1/13/2021, filed by Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center. (Gupta, Deepak) |
| Filing 33 AFFIDAVIT of Service for Summons and Complaint served on United States Attorney for the District of Montana on 1/12/2021, filed by Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center. (Gupta, Deepak) |
| Filing 32 AFFIDAVIT of Service for Summons and Complaint served on Attorney General of the United States on 1/14/2021, filed by Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center. (Gupta, Deepak) |
| Set Deadlines: Service on defendants effected 1/21/21; answers due 3/23/21. (SLR) |
| Filing 31 NOTICE of Acknowledgment of Pro Hac Vice Order by Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center re #20 Order on Motion to Appear Pro Hac Vice, (Davis-Stermitz, Linnet) |
| Filing 30 NOTICE of Acknowledgment of Pro Hac Vice Order by Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center re #12 Order on Motion to Appear Pro Hac Vice,,,,,,,, (Beck, Gregory) |
| Filing 29 NOTICE of Acknowledgment of Pro Hac Vice Order by Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center re #12 Order on Motion to Appear Pro Hac Vice,,,,,,,, (Taylor, Jonathan) |
| Filing 28 NOTICE of Acknowledgment of Pro Hac Vice Order by Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center re #12 Order on Motion to Appear Pro Hac Vice,,,,,,,, (Gupta, Deepak) |
| Filing 27 REPLY to Response to Motion re #8 MOTION for Partial Summary Judgment filed by Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center. (Gupta, Deepak) |
| Filing 26 Unopposed MOTION for Leave to File Excess Pages Deepak Gupta appearing for Plaintiffs Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center (Gupta, Deepak) |
| Filing 25 Statement of Disputed Facts re: #10 Statement of Undisputed Fact, filed by U.S. Environmental Protection Agency, Andrew R. Wheeler. (Gardner, Joshua) |
| Filing 24 RESPONSE to Motion re #8 MOTION for Partial Summary Judgment filed by U.S. Environmental Protection Agency, Andrew R. Wheeler. (Gardner, Joshua) |
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Filing 23
ORDER granting #22 Motion for Leave to Exceed the Word Limit for their opposition. IT IS SO ORDERED that: Defendants' Motion for Leave to Exceed the Word Limit is GRANTED. Signed by Judge Brian Morris on 1/15/2021. (ACC)
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| Filing 22 Consent MOTION for Leave to File Excess Pages Joshua Edward Gardner appearing for Defendants U.S. Environmental Protection Agency, Andrew R. Wheeler (Attachments: #1 Text of Proposed Order) (Gardner, Joshua) |
| Filing 21 CM/ECF Registration Letter from Clerk of Court, Tyler Gilman regarding counsel Linnet Davis-Stermitz (TLO) |
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Filing 20
ORDER granting #6 Motion to Appear Pro Hac Vice for Attorney Linnet Davis-Stermitz for Citizens for Clean Energy,Linnet Davis-Stermitz for Environmental Defense Fund,Linnet Davis-Stermitz for Montana Environmental Information Center. Acknowledgment of PHV Order due by 1/29/2021. Signed by Judge Brian Morris on 1/14/2021. (TLO)
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| Filing 19 Summons Issued as to U.S. Attorney General. (MMS) (Original e-mailed to counsel) |
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Filing 18
ORDER: IT IS ORDERED that Plaintiffs #7 Motion for Leave to Exceed the Word Limit (Doc. 7) is GRANTED; Federal Defendants Response brief is due January 19, 2021; Plaintiffs Reply brief is due January 21, 2021. Signed by Judge Brian Morris on 1/14/2021. (SLR)
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Filing 17
PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 2/17/2021. Joint Discovery Plan due by 2/17/2021. Statement of Stipulated Facts due by 2/17/2021. Telephonic Pretrial Conference set for 2/24/2021 at 02:30 PM in Great Falls, MT before Judge Brian Morris. SEE ORDER FOR FULL DETAILS, DEADLINES, AND CALL IN INFORMATION. Signed by Judge Brian Morris on 1/14/2021. (SLR)
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| Remark: Counsel Linnet Davis-Stermitz is now a registered electronic CM/ECF user. (ACC) |
| Filing 16 RESPONSE to Motion re #7 MOTION to Expedite Motion for Partial Summary Judgment and to Exceed Word Limit filed by U.S. Environmental Protection Agency, Andrew R. Wheeler. (Gardner, Joshua) |
| Filing 15 NOTICE of Appearance by Joshua Edward Gardner on behalf of All Defendants (Gardner, Joshua) |
| Filing 14 Remark: Attorney Gregory Beck is now a registered user. (MMS) |
| Filing 13 Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Gregory Beck re CM/ECF registration. Letter mailed to Counsel Beck. (ACC) |
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Filing 12
ORDER: Plaintiffs have moved for an order allowing Deepak Gupta, Esq., Gregory A. Beck, Esq., and Jonathan E. Taylor, Esq. to appear pro hac vice in this case with Derf Johnson, Esq. designated as local counsel. The applications of Mr. Gupta, Mr. Beck and Mr. Taylor appear to be in compliance with L.R. 83.1(d). IT IS ORDERED: Plaintiffs' #3 , #4 & #5 motions to allow Mr. Gupta, Mr. Beck and Mr. Taylor to appear on their behalf are GRANTED, subject to the following conditions: **SEE ORDER FOR FULL DETAILS**. Signed by Judge Brian Morris on 1/11/2021. (ACC)
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Filing 11
ORDER REASSIGNING CASE. Case reassigned to Judge Brian Morris for all further proceedings. Signed by Judge Brian Morris on 1/11/2021. (TLO)
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| Filing 10 Statement of Undisputed Fact re: #8 MOTION for Partial Summary Judgment by Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center filed by Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center. (Johnson, Derf) |
| Filing 9 Brief/Memorandum in Support re #8 MOTION for Partial Summary Judgment filed by Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center. (Attachments: #1 Declaration of Deepak Gupta, #2 Declaration of L. Birnbaum, #3 Declaration of R. Leibert, #4 Declaration of M. Karagas, #5 Declaration of B. Levitan, #6 Declaration of J. Stith, #7 Declaration of J. Lewis, #8 Declaration of J. Balmes, #9 Declaration of J. Hoppin, #10 Declaration of J. McPartland, #11 Declaration of J. Sarnat, #12 Declaration of G. Lewis) (Johnson, Derf) |
| Filing 8 MOTION for Partial Summary Judgment Derf Laurence Johnson appearing for Plaintiffs Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center Motions referred to John Johnston. (Johnson, Derf) |
| Filing 7 MOTION to Expedite Motion for Partial Summary Judgment and to Exceed Word Limit Derf Laurence Johnson appearing for Plaintiffs Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center Motions referred to John Johnston. (Johnson, Derf) |
| Filing 6 MOTION Linnet Davis-Stermitz to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2599135.) Derf Laurence Johnson appearing for Plaintiffs Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center Motions referred to John Johnston. (Attachments: #1 Affidavit) (Johnson, Derf) |
| Filing 5 MOTION Jonathan E. Taylor to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2599131.) Derf Laurence Johnson appearing for Plaintiffs Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center Motions referred to John Johnston. (Attachments: #1 Affidavit) (Johnson, Derf) |
| Filing 4 MOTION Gregory A. Beck to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2599124.) Derf Laurence Johnson appearing for Plaintiffs Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center Motions referred to John Johnston. (Attachments: #1 Affidavit) (Johnson, Derf) |
| Filing 3 MOTION Deepak Gupta to Appear Pro Hac Vice ( Filing fee $ 262 receipt number 0977-2599116.) Derf Laurence Johnson appearing for Plaintiffs Citizens for Clean Energy, Environmental Defense Fund, Montana Environmental Information Center Motions referred to John Johnston. (Attachments: #1 Affidavit) (Johnson, Derf) |
| Filing 2 Summons Issued as to U.S. Environmental Protection Agency, Andrew R. Wheeler, U.S. Attorney and U.S. Attorney General (Attachments: #1 Summons Issued EPA, #2 Summons Issued Wheeler, #3 Summons Issued US Atty for MT) (TLO) |
| Filing 1 COMPLAINT against U.S. Environmental Protection Agency, Andrew R. Wheeler, filed by Environmental Defense Fund, Montana Environmental Information Center, Citizens for Clean Energy. (Attachments: #1 Civil Cover Sheet, #2 Summons US AG, #3 Summons EPA, #4 Summons Wheeler, #5 Summons US Atty for MT) (TLO) |
| Remark; Clerk has notified finance department that civil filing fee of $402 has been paid twice (TLO) |
| Magistrate Judge John Johnston no longer assigned to case. (TLO) |
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