WildEarth Guardians v. Bernhardt et al
Defendant: United States Bureau of Land Management and David Longly Bernhardt
Petitioner: WildEarth Guardians
Intervenor: American Petroleum Institute
Intervenor Defendant: Western Energy Alliance
Case Number: 1:2019cv00505
Filed: June 3, 2019
Court: US District Court for the District of New Mexico
Presiding Judge: Robert C Brack
Referring Judge: Laura Fashing
2 Judge: Steven C Yarbrough
Nature of Suit: Environmental Matters
Cause of Action: 05 U.S.C. § 551
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 25, 2020 Filing 58 NOTICE TO USCA that Record is Complete re #49 Notice of Appeal. (cer)
November 25, 2020 Filing 57 TRANSCRIPT ORDER FORM by WildEarth Guardians for the #49 Notice of Appeal (Timmons, Daniel)
November 19, 2020 Filing 56 AMENDED MEMORANDUM OPINION AND ORDER by Sr. District Judge Robert C. Brack GRANTING IN PART AND DENYING IN PART #35 Brief. (yc)
November 19, 2020 Filing 55 Transmission of Amended Supplemental Preliminary Record to US Court of Appeals re #49 Notice of Appeal (Attachments: #1 Preliminary Record, #2 Docket Sheet) (cer)
November 19, 2020 Filing 54 Transmission of Supplemental Preliminary Record to US Court of Appeals re #49 Notice of Appeal (Attachments: #1 Supplement Preliminary Record, #2 Docket sheet) (cer)
November 19, 2020 Opinion or Order Filing 53 ORDER by Sr. District Judge Robert C. Brack denying #44 Motion to Clarify; An Amended Memorandum Opinion and Order to be filed; (yc) Modified on 11/19/2020 (yc).
October 30, 2020 Opinion or Order Filing 52 ORDER OF USCA as to #49 Notice of Appeal filed by WildEarth Guardians, Abating the Case as to #44 Motion to Clarify by David Longly Bernhardt, United States Bureau of Land Management. (cer)
October 20, 2020 Filing 51 USCA Information Letter with Case Number 20-2146 for #49 Notice of Appeal filed by WildEarth Guardians. (nr)
October 19, 2020 Filing 50 Transmission of Preliminary Record to US Court of Appeals re #49 Notice of Appeal (Attachments: #1 Appendix Preliminary Record) (nr)
October 19, 2020 Filing 49 NOTICE OF APPEAL as to #43 Memorandum Opinion and Order by WildEarth Guardians. (Filing Fee - Online Payment) (Timmons, Daniel)
October 19, 2020 Filing Fee Received: $ 505 receipt number BNMDC-7363915 re #49 Notice of Appeal filed by WildEarth Guardians (Payment made via Pay.gov)(Timmons, Daniel)
October 16, 2020 Filing 48 NOTICE by WildEarth Guardians Notice of Appeal (Timmons, Daniel)
October 15, 2020 Filing 47 NOTICE of Briefing Complete by David Longly Bernhardt, United States Bureau of Land Management re #44 MOTION to Clarify filed by United States Bureau of Land Management, David Longly Bernhardt (Cipicchio, Caitlin)
October 14, 2020 Filing 46 REPLY to Response to Motion re #44 MOTION to Clarify filed by David Longly Bernhardt, United States Bureau of Land Management. (Cipicchio, Caitlin)
September 30, 2020 Filing 45 RESPONSE to Motion re #44 MOTION to Clarify filed by WildEarth Guardians. (Timmons, Daniel)
September 16, 2020 Filing 44 MOTION to Clarify by David Longly Bernhardt, United States Bureau of Land Management. (Cipicchio, Caitlin)
August 18, 2020 Filing 43 MEMORANDUM OPINION AND ORDER by Sr. District Judge Robert C. Brack GRANTING IN PART AND DENYING IN PART #35 Brief. (see order for specifics) CASE IS DISMISSED WITH PREJUDICE (yc)
March 30, 2020 Filing 42 NOTICE by WildEarth Guardians Notice of Briefing Complete (Timmons, Daniel)
March 27, 2020 Filing 41 BRIEF Reply Brief by WildEarth Guardians (Timmons, Daniel)
March 6, 2020 Filing 40 RESPONSE re #35 Brief filed by David Longly Bernhardt, United States Bureau of Land Management. (Attachments: #1 Exhibit A - Declaration of Rebecca Hunt) (Cipicchio, Caitlin)
March 6, 2020 Filing 39 BRIEF re #35 Brief by Western Energy Alliance (Barron, Mark)
March 6, 2020 Filing 38 RESPONSE re #35 Brief filed by American Petroleum Institute. (Indall, Jon)
March 6, 2020 Filing 37 NOTICE by David Longly Bernhardt, United States Bureau of Land Management Notice of Lodging of Second Amended Administrative Record (Attachments: #1 Exhibit A - Certification of Second Amended Administrative Record, #2 Exhibit B - Index of Administrative Record) (Cipicchio, Caitlin)
February 11, 2020 Filing 36 MEMORANDUM OPINION AND ORDER by Sr. District Judge Robert C. Brack GRANTING #12 MOTION to Intervene . AND GRANTING #20 MOTION to Intervene , (yc)
February 7, 2020 Filing 35 BRIEF Opening Merits Brief by WildEarth Guardians (Attachments: #1 Affidavit Declaration of Nathalie Eddy, #2 Affidavit Declaration of Rebecca Sobel, #3 Affidavit Declaration of Rebecca Fischer) (Timmons, Daniel)
January 16, 2020 Filing 34 NOTICE by David Longly Bernhardt, United States Bureau of Land Management Notice of Lodging of Amended Administrative Record (Attachments: #1 Exhibit A - Certification of Amended Administrative Record, #2 Exhibit B - Index of Amended Record) (Cipicchio, Caitlin)
November 15, 2019 Filing 33 NOTICE by David Longly Bernhardt, United States Bureau of Land Management Notice of Lodging of the Administrative Record (Attachments: #1 Exhibit A - Certification of Record, #2 Exhibit B - Index of Record) (Cipicchio, Caitlin)
October 21, 2019 Opinion or Order Filing 32 SCHEDULING ORDER by Magistrate Judge Steven C. Yarbrough. (cm)
October 18, 2019 Filing 31 AMENDED COMPLAINT (PETITION FOR REVIEW OF AGENCY ACTION) against All Defendants., filed by WildEarth Guardians. (Timmons, Daniel)
October 18, 2019 Filing 30 NOTICE by WildEarth Guardians Unopposed Filing of Amended Petition for Review of Agency Action (Attachments: #1 Exhibit Amended Petition for Review) (Timmons, Daniel)
October 18, 2019 Filing 29 STIPULATION Joint Stipulation as to the Dismissal of Specific Leases by David Longly Bernhardt, United States Bureau of Land Management, WildEarth Guardians (Attachments: #1 Affidavit Declaration of Sheila Mallory) (Timmons, Daniel)
September 30, 2019 Filing 28 NOTICE of Briefing Complete by Western Energy Alliance re #20 MOTION to Intervene filed by Western Energy Alliance (Barron, Mark)
September 30, 2019 Filing 27 REPLY to Response to Motion re #20 MOTION to Intervene filed by Western Energy Alliance. (Barron, Mark)
September 30, 2019 Opinion or Order Filing 26 ORDER by Magistrate Judge Steven C. Yarbrough for proposed scheduling order. The parties shall confer and submit a proposed scheduling order for production of the administrative record and a schedule for briefing the merits of this case by 10/21/2019. (cm)
September 27, 2019 Filing 25 REPLY to Response to Motion re #20 MOTION to Intervene filed by American Petroleum Institute. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Indall, Jon)
September 18, 2019 Filing 24 RESPONSE to Motion re #20 MOTION to Intervene filed by WildEarth Guardians. (Timmons, Daniel)
September 16, 2019 Filing 23 NOTICE of Appearance by Alexander K. Obrecht on behalf of Western Energy Alliance (Obrecht, Alexander)
September 16, 2019 Filing 22 ANSWER to #1 Complaint (Olenhouse Response) by David Longly Bernhardt, United States Bureau of Land Management. Related document: #1 Complaint filed by WildEarth Guardians.(Boronow, Clare)
September 16, 2019 Filing 21 Corporate Disclosure Statement by Western Energy Alliance (Barron, Mark)
September 16, 2019 Filing 20 MOTION to Intervene by Western Energy Alliance. (Attachments: #1 Affidavit A - Robert Parks Declaration) (Barron, Mark)
August 28, 2019 Filing 19 NOTICE by American Petroleum Institute re Association Dues for Attorney Licensed Outside the District, 18 Association of Attorney Licensed Outside the District, Association Dues for Attorney Licensed Outside the District, 17 Association of Attorney Licensed Outside the District, (Indall, Jon)
August 28, 2019 Filing 18 ASSOCIATION of Attorney Licensed Outside the District for Intervenor American Petroleum Institute by Jon J Indall on behalf of: Bradley K. Ervin Covington & Burling, LLP 850 Tenth Street NWWashington, D.C. 20001 202-662-6000 Fax 202-662-6291 bervin@cov.com (Association Dues - Online Payment) (Indall, Jon)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 28, 2019 Filing 17 ASSOCIATION of Attorney Licensed Outside the District for Intervenor American Petroleum Institute by Jon J Indall on behalf of: Steven J. Rosenbaum Covington & Burling, LLP 850 Tenth Street NWWashington, D.C. 20001 202-662-6000 Fax 202-662-6291 srosenbaum@cov.com (Association Dues - Online Payment) (Indall, Jon)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 28, 2019 Association Dues Received: $ 100 receipt number 1084-6635810 re: # 17 Association of Attorney Licensed Outside the District, filed by American Petroleum Institute (Payment made via Pay.gov)(Indall, Jon)
August 28, 2019 Association Dues Received: $ 100 receipt number 1084-6635839 re: # 18 Association of Attorney Licensed Outside the District, filed by American Petroleum Institute (Payment made via Pay.gov)(Indall, Jon)
August 21, 2019 Filing 16 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 5. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl)
August 19, 2019 Filing 15 PLEASE TAKE NOTICE that this case has been reassigned to Sr. District Judge Robert C. Brack as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Laura Fashing no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ln)
August 6, 2019 Filing 14 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 10 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (cda)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
August 2, 2019 Filing 13 NOTICE of Appearance by Jon J Indall on behalf of AMERICAN PETROLEUM INSTITUTE (Indall, Jon)
August 2, 2019 Filing 12 MOTION to Intervene by AMERICAN PETROLEUM INSTITUTE. (Attachments: #1 Affidavit ERIK G. MILITO) (Indall, Jon)
August 2, 2019 Filing 11 Corporate Disclosure Statement by AMERICAN PETROLEUM INSTITUTE (Indall, Jon)
August 2, 2019 Filing 10 **FILED IN ERROR** NOTICE of Appearance by Jon J Indall on behalf of AMERICAN PETROLEUM INSTITUTE (Indall, Jon) Modified on 8/5/2019 (dr).
August 1, 2019 Filing 9 NOTICE of Appearance by Clare Marie Boronow on behalf of All Defendants (Boronow, Clare)
July 31, 2019 Filing 8 NOTICE of Appearance by Caitlin M Cipicchio on behalf of All Defendants (Cipicchio, Caitlin)
July 29, 2019 Filing 7 CERTIFICATE OF SERVICE by WildEarth Guardians re #4 Summons Returned Executed as to USA Updated Service to US Attorney (Timmons, Daniel)
July 29, 2019 Filing 6 NOTICE of Appearance by Cassandra C Currie on behalf of David Longly Bernhardt, United States Bureau of Land Management (Currie, Cassandra)
July 15, 2019 Summons Reissued as to U.S. Attorney (jg)
June 17, 2019 Filing 5 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), WildEarth Guardians voluntarily consent(s) to have United States Magistrate Judge Laura Fashing conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Timmons, Daniel)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
June 10, 2019 Filing 4 SUMMONS Returned Executed by WildEarth Guardians. David Longly Bernhardt served on 6/7/2019, answer due 8/6/2019; United States Bureau of Land Management served on 6/7/2019, answer due 8/6/2019. (Timmons, Daniel)
June 3, 2019 Filing 3 Filing fee: $ 400.00, receipt number 1084-6459286 (khs)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
June 3, 2019 Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (khs)
June 3, 2019 Filing 1 COMPLAINT for Declaratory and Injunction Relief against David Longly Bernhardt, U.S. Bureau of Reclamation ( Filing Fee - Online Payment), filed by WildEarth Guardians. (Attachments: #1 Civil Cover Sheet)(Timmons, Daniel)
June 3, 2019 Magistrate Judge Laura Fashing and Magistrate Judge Steven C. Yarbrough assigned. (khs)
June 3, 2019 Summons Issued as to David Longly Bernhardt, United States Bureau of Land Management, U.S. Attorney and U.S. Attorney General (khs)

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Defendant: United States Bureau of Land Management
Represented By: Caitlin M Cipicchio
Represented By: Cassandra C Currie
Represented By: Clare Marie Boronow
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Defendant: David Longly Bernhardt
Represented By: Caitlin M Cipicchio
Represented By: Cassandra C Currie
Represented By: Clare Marie Boronow
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Petitioner: WildEarth Guardians
Represented By: Samantha M Ruscavage-Barz
Represented By: Daniel L. Timmons
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Intervenor: American Petroleum Institute
Represented By: Steven J. Rosenbaum
Represented By: Jon J Indall
Represented By: Bradley Ervin
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Intervenor defendant: Western Energy Alliance
Represented By: Alexander K. Obrecht
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