State of New York et al v. Wheeler et al
| District of Columbia, City of New York, State of Maryland, State of Maine, State of Connecticut, State of Illinois, State of Michigan, State of New York, Commonwealth of Massachusetts, State of Vermont, State of Washington, State of Rhode Island, State of New Jersey, State of Oregon, Commonwealth of Virginia and State of California |
| Andrew R. Wheeler, R. D. James, United States Army Corps of Engineers and United States Environmental Protection Agency |
| Public Lands Council, American Petroleum Institute, National Alliance of Forest Owners, National Association of Home Builders, National Stone, Sand, and Gravel Association, National Association of Manufacturers, U.S. Poultry & Egg Association, New York Farm Bureau, American Road and Transportation Builders Association, National Cattlemen's Beef Association, Leading Builders of America, National Corn Growers Association, National Pork Producers Council, National Mining Association, American Farm Bureau Federation and Edison Electric Institute |
| 1:2019cv11673 |
| December 20, 2019 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 |
| None |
Docket Report
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This docket was last retrieved on February 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 41 MOTION for Joshua Morris Segal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18809795. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Maryland. (Attachments: #1 Affidavit Affidavit, #2 Supplement Certificate of Good Standing (MD), #3 Supplement Certificate of Good Standing (DC), #4 Supplement Certificate of Good standing (MA), #5 Text of Proposed Order Order).(Segal, Joshua) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #41 MOTION for Joshua Morris Segal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18809795. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
Filing 40
ORDER denying #27 Motion for Conference. On January 9, 2020, proposed Business Intervenors filed a letter requesting a conference regarding their anticipated motion to intervene pursuant to Fed. R. Civ. P. 24. The parties responded, stating they did not oppose the motion. The motion for a pre-motion conference is DENIED and the Court sets the following briefing schedule: Motion to Intervene: March 5, 2020; Opposition: April 2, 2020; Reply, if any: April 30, 2020; SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/6/2020) (ks) Modified on 2/12/2020 (ks).
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| Set/Reset Deadlines: Motions due by 3/5/2020. Responses due by 4/2/2020 Replies due by 4/30/2020. (ks) |
| Set/Reset Deadlines: Service due by 3/30/2020. (rj) |
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Filing 39
ORDER granting #38 Letter Motion for Extension of Time to Answer re #1 Complaint, SO ORDERED.,. R. D. James answer due 3/30/2020; United States Army Corps of Engineers answer due 3/30/2020; United States Environmental Protection Agency answer due 3/30/2020; Andrew R. Wheeler answer due 3/30/2020. (Signed by Judge Andrew L. Carter, Jr on 1/31/2020) (rj)
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| Filing 38 CONSENT LETTER MOTION for Extension of Time to File Answer or motion with respect to complaint, until March 30, 2020 addressed to Judge Andrew L. Carter, Jr. from David S. Jones dated January 30, 2020. Document filed by R. D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew R. Wheeler.(Jones, David) |
| Filing 37 LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Philip Bein dated January 22, 2020 re: #27 LETTER MOTION for Conference Regarding Motion to Intervene addressed to Judge Andrew L. Carter, Jr. from Robert W. Hamburg dated January 9, 2020. . Document filed by City of New York, Commonwealth of Massachusetts, Commonwealth of Virginia, District of Columbia, State of California, State of Connecticut, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of New Jersey, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington. (Bein, Philip) |
| Filing 36 LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from David S. Jones dated January 22, 2020 re: #27 LETTER MOTION for Conference Regarding Motion to Intervene addressed to Judge Andrew L. Carter, Jr. from Robert W. Hamburg dated January 9, 2020. . Document filed by R. D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew R. Wheeler. (Jones, David) |
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Filing 35
ORDER FOR ADMISSION PRO HAC VICE granting #33 Motion for Alison Hoffman to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 1/21/2020) (rj)
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| Filing 34 FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Philip Bein dated January 21, 2020 re: correction of errors in docket. Document filed by State of New York.(Bein, Philip) |
| Filing 33 FIRST MOTION for Alison Hoffman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Rhode Island. (Attachments: #1 Affidavit Affidavit - Pro Hoc Vice, #2 Supplement RI Cert of Good Standing - Pro Hoc Vice, #3 Supplement MA Certificate of Good Standing - Pro Hoc Vice, #4 Text of Proposed Order Proposed Order Pro Hoc Vice)(Hoffman, Alison) |
| Filing 32 NOTICE OF APPEARANCE by David Stuart Jones on behalf of R. D. James, United States Army Corps of Engineers, United States Environmental Protection Agency, Andrew R. Wheeler. (Jones, David) |
| Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Add Applicant(s) Alison Hoffman ., FIRST MOTION for Alison Hoffman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18532973. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Rhode Island.(Hoffman, Alison) Modified on 1/17/2020 (wb). |
| Filing 30 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Add Applicant(s) Alison Hoffman Pro Hoc Vice. Document filed by State of Rhode Island.(Hoffman, Alison) Modified on 1/17/2020 (wb). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 FIRST MOTION for Alison Hoffman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #30 FIRST MOTION to Add Applicant(s) Alison Hoffman Pro Hoc Vice., #31 FIRST MOTION to Add Applicant(s) Alison Hoffman .FIRST MOTION for Alison Hoffman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18532973. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the wrong event type was used to file the motion;. Re-file the motion using the event type Motion to Appear Pro Hac Vice found under the event list Motions - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
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Filing 29
ORDER with respect to #27 LETTER MOTION for Conference Regarding Motion to Intervene. Plaintiffs and Defendant are ORDERED to respond by January 29, 2020 through letters that should not exceed three pages, indicating their position on the contemplated motion. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/15/2020) (jca)
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| Set/Reset Deadlines: Responses due by 1/29/2020 (jca) |
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Filing 28
ORDER FOR ADMISSION PRO HAC VICE granting #25 Motion for Jason E. James to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 1/13/2020) (va)
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| Filing 27 LETTER MOTION for Conference Regarding Motion to Intervene addressed to Judge Andrew L. Carter, Jr. from Robert W. Hamburg dated January 9, 2020. Document filed by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Edison Electric Institute, Leading Builders of America, National Alliance of Forest Owners, National Association of Home Builders, National Association of Manufacturers, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Pork Producers Council, National Stone, Sand, and Gravel Association, New York Farm Bureau, Public Lands Council, U.S. Poultry & Egg Association.(Hamburg, Robert) |
| Filing 26 NOTICE OF APPEARANCE by Robert William Hamburg on behalf of American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Edison Electric Institute, Leading Builders of America, National Alliance of Forest Owners, National Association of Home Builders, National Association of Manufacturers, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Pork Producers Council, National Stone, Sand, and Gravel Association, New York Farm Bureau, Public Lands Council, U.S. Poultry & Egg Association. (Hamburg, Robert) |
| Filing 25 MOTION for Jason E. James to Appear Pro Hac Vice on behalf of the State of Illinois. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Illinois. (Attachments: #1 Affidavit Affidavit in support of pro hac vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order to Appear Pro Hac)(James, Jason) |
| Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jason E. James to Appear Pro Hac Vice of behalf of the State of Illinois. Filing fee $ 200.00, receipt number ANYSDC-18450783. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Illinois. (Attachments: #1 Affidavit affidavit in support of pro hac, #2 Exhibit Certificate of Good Standing)(James, Jason) Modified on 1/8/2020 (wb). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Jason E. James to Appear Pro Hac Vice on behalf of the State of Illinois. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #24 MOTION for Jason E. James to Appear Pro Hac Vice of behalf of the State of Illinois. Filing fee $ 200.00, receipt number ANYSDC-18450783. Motion and supporting papers to be reviewed by Clerk's Office staff.>/FON.. The filing is deficient for the following reason(s): missing Proposed Order;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
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Filing 23
ORDER FOR ADMISSION PRO HAC VICE granting #9 Motion for Daniel P. Bock to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the.Rules governing discipline of attorneys. (Signed by Judge Andrew L. Carter, Jr on 1/7/2020) (kv)
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Filing 22
ORDER FOR ADMISSION PRO HAC VICE granting #16 MOTION for David C. Grandis to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 1/7/2020) (jca)
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Filing 21
ORDER FOR ADMISSION PRO HAC VICE granting #10 MOTION for Paul Garrahan to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 1/7/2020) (jca)
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Filing 20
ORDER FOR ADMISSION PRO HAC VICE granting #19 Motion for Brian Caldwell to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 1/7/2020) (ks)
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| Filing 19 FIRST MOTION for Brian Caldwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18430035. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by District of Columbia. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit, #3 Text of Proposed Order)(Caldwell, Brian) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 FIRST MOTION for Brian Caldwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18430035. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 18 NOTICE OF APPEARANCE by Timothy Hoffman on behalf of State of New York. (Hoffman, Timothy) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint,,. R. D. James served on 12/26/2019, answer due 1/16/2020; United States Army Corps of Engineers served on 12/26/2019, answer due 1/16/2020; United States Environmental Protection Agency served on 12/26/2019, answer due 1/16/2020; Andrew R. Wheeler served on 12/26/2019, answer due 1/16/2020. Service was made by Mail. Document filed by State of New York. (Bein, Philip) |
| Filing 16 MOTION for David C. Grandis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18386439. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Commonwealth of Virginia. (Attachments: #1 Affidavit Affidavit of David C. Grandis, #2 Exhibit Certificate of Good Standing of David C. Grandis, #3 Text of Proposed Order Proposed Order Granting Admission of David C. Grandis)(Grandis, David) |
| Filing 15 NOTICE OF APPEARANCE by Monica Blong Wagner on behalf of State of New York. (Wagner, Monica) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for David C. Grandis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18386439. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to United States Environmental Protection Agency. (jgo) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to United States Army Corps of Engineers. (jgo) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to R. D. James. (jgo) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Andrew R. Wheeler. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Philip Michael Bein. The party information for the following party/parties has been modified: States of New York, State of California; State of Connecticut; State of Illinois; State of Maine; State of Maryland; State of Michigan; State of New Jersey; State of Oregon; State of Rhode Island; State of Vermont; State of Washington; Commonwealth of Massachusetts; Commonwealth of Virginia; District of Columbia; City of New York; Andrew R. Wheeler; United States Environmental Protection Agency; R. D. James; United States Army Corps of Engineers. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; party text was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Philip Michael Bein. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Albany;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Filing 10 MOTION for Paul Garrahan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18337049. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by STATE OF OREGON. (Attachments: #1 Affidavit Affidavit, #2 Supplement Certificate of Good Standing, #3 Text of Proposed Order Order for Admission Pro Hac Vice)(Garrahan, Paul) |
| Filing 9 MOTION for Daniel P. Bock to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18335618. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by STATE OF MICHIGAN. (Attachments: #1 Affidavit Affidavit of Daniel P. Bock, #2 Text of Proposed Order Proposed Order, #3 Exhibit Certificate of Good Standing)(Bock, Daniel) |
| Filing 8 NOTICE OF APPEARANCE by Benjamin Daniel Battles on behalf of STATE OF VERMONT. (Battles, Benjamin) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to United States Army Corps of Engineers, re: #1 Complaint,,. Document filed by CITY OF NEW YORK, COMMONWEALTH OF MASSACHUSETTS, COMMONWEALTH OF VIRGINIA, DISTRICT OF COLUMBIA, STATE OF CONNECTICUT, STATE OF ILLINOIS, STATE OF MARYLAND, STATE OF MICHIGAN, STATE OF NEW JERSEY, STATE OF NEW YORK, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT, State of California, State of Maine, State of Washington. (Bein, Philip) |
| Filing 6 FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint,,. Document filed by CITY OF NEW YORK, COMMONWEALTH OF MASSACHUSETTS, COMMONWEALTH OF VIRGINIA, DISTRICT OF COLUMBIA, STATE OF CONNECTICUT, STATE OF ILLINOIS, STATE OF MARYLAND, STATE OF MICHIGAN, STATE OF NEW JERSEY, STATE OF NEW YORK, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT, State of California, State of Maine, State of Washington. (Bein, Philip) Modified on 12/23/2019 (jgo). |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to R.D. James, re: #1 Complaint,,. Document filed by CITY OF NEW YORK, COMMONWEALTH OF MASSACHUSETTS, COMMONWEALTH OF VIRGINIA, DISTRICT OF COLUMBIA, STATE OF CONNECTICUT, STATE OF ILLINOIS, STATE OF MARYLAND, STATE OF MICHIGAN, STATE OF NEW JERSEY, STATE OF NEW YORK, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT, State of California, State of Maine, State of Washington. (Bein, Philip) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to United State Environmental Protection Agency, re: #1 Complaint,,. Document filed by CITY OF NEW YORK, COMMONWEALTH OF MASSACHUSETTS, COMMONWEALTH OF VIRGINIA, DISTRICT OF COLUMBIA, STATE OF CONNECTICUT, STATE OF ILLINOIS, STATE OF MARYLAND, STATE OF MICHIGAN, STATE OF NEW JERSEY, STATE OF NEW YORK, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT, State of California, State of Maine, State of Washington. (Bein, Philip) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew R. Wheeler, re: #1 Complaint,,. Document filed by CITY OF NEW YORK, COMMONWEALTH OF MASSACHUSETTS, COMMONWEALTH OF VIRGINIA, DISTRICT OF COLUMBIA, STATE OF CONNECTICUT, STATE OF ILLINOIS, STATE OF MARYLAND, STATE OF MICHIGAN, STATE OF NEW JERSEY, STATE OF NEW YORK, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT, State of California, State of Maine, State of Washington. (Bein, Philip) |
| Filing 2 CIVIL COVER SHEET filed. (Bein, Philip) |
| Filing 1 COMPLAINT against Andrew R. Wheeler, United States Environmental Protection Agency, R. D. James, United States Army Corps of Engineers. (Filing Fee $ 400.00, Receipt Number ANYSDC-18330167)Document filed by STATE OF VERMONT, STATE OF MICHIGAN, State of California, STATE OF NEW YORK, CITY OF NEW YORK, COMMONWEALTH OF MASSACHUSETTS, STATE OF MARYLAND, STATE OF CONNECTICUT, STATE OF OREGON, State of Washington, COMMONWEALTH OF VIRGINIA, DISTRICT OF COLUMBIA, STATE OF NEW JERSEY, STATE OF ILLINOIS, STATE OF RHODE ISLAND, State of Maine.(Bein, Philip) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Daniel P. Bock to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18335618. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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