Environmental Justice Health Alliance et al v. Council on Environmental Quality et al
| New York Civil Liberties Union, Texas Environmental Justice Advocacy Services, National Audubon Society, East Yard Communities for Environmental Justice, New Jersey Environmental Justice Alliance, Sierra Club, Center for Community Action and Environmental Justice, Environmental Justice Health Alliance, Natural Resources Defense Council, Inc. and Environmental Justice Health Alliance for Chemical Policy Reform |
| Mary B Neumayr and Council on Environmental Quality |
| National Cattlemens Beef Association, American Road & Transportation Builders Association, American Forest Resource Council, American Petroleum Institute, Federal Forest Resource Council, American Fuel & Petrochemical Manufacturers, Interstate Natural Gas Association of America, Laborers International Union of North America, American Farm Bureau Federation and Chamber of Commerce of the United States of America |
| 1:2020cv06143 |
| August 6, 2020 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on September 22, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 62 MOTION for Megan Sallomi to Withdraw as Attorney . Document filed by New York Civil Liberties Union. (Attachments: #1 Affidavit, #2 Exhibit).(Sallomi, Megan) |
Filing 61
ORDER TERMINATING APPEARANCE OF MATTHEW A. WARING granting #60 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that the appearance of Matthew A. Waring in this action is terminated; and IT IS FURTHER ORDERED THAT the Clerk of Court shall remove Mr. Waring from the docket sheet in this matter. Attorney Matthew A. Waring terminated. (Signed by Judge Colleen McMahon on 1/28/2021) (mml)
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| Filing 60 MOTION for Matthew A. Waring to Withdraw as Attorney . Document filed by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, Laborers International Union of North America, National Cattlemens Beef Association. (Attachments: #1 Text of Proposed Order).(Waring, Matthew) |
| Filing 59 MEMORANDUM OF LAW in Support re: #58 MOTION to Dismiss Plaintiffs First Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6). . Document filed by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, Laborers International Union of North America, National Cattlemens Beef Association..(Kratenstein, Andrew) |
| Filing 58 MOTION to Dismiss Plaintiffs First Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6). Document filed by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, Laborers International Union of North America, National Cattlemens Beef Association. (Attachments: #1 Text of Proposed Order).(Kratenstein, Andrew) |
| Filing 57 MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss for Lack of Jurisdiction Amended Complaint (Dkt. No. 55). . Document filed by Council on Environmental Quality, Mary B Neumayr..(Levine, Danielle) |
| Filing 56 MOTION to Dismiss for Lack of Jurisdiction Amended Complaint (Dkt. No. 55). Document filed by Council on Environmental Quality, Mary B Neumayr..(Levine, Danielle) |
| Filing 55 FIRST AMENDED COMPLAINT amending #1 Complaint,, against Council on Environmental Quality, Mary B Neumayr.Document filed by National Audubon Society, Center for Community Action and Environmental Justice, Natural Resources Defense Council, Inc., East Yard Communities for Environmental Justice, Sierra Club, New York Civil Liberties Union, New Jersey Environmental Justice Alliance, Texas Environmental Justice Advocacy Services, Environmental Justice Health Alliance for Chemical Policy Reform. Related document: #1 Complaint,,. (Attachments: #1 Exhibit A (NRDC Comment Letter), #2 Exhibit B (MFN Comment Letter), #3 Exhibit C (327 Orgs & Tribal Nations Comment Letter), #4 Exhibit D (NJ Environmental Justice Alliance Comment Letter), #5 Exhibit E (WE ACT Comment Letter), #6 Exhibit F (Defendants and Intervenors Consent to Re-file Amended Complaint)).(Woods, Claire) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Claire Woods to RE-FILE re: Document No. #54 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add party Environmental Justice Health Alliance for Chemical Policy Reform; the wrong filers were selected for the pleading; the pleading was filed incorrectly after the due date, therefore Court's leave must be granted. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo) Modified on 12/23/2020 (jgo). |
| Filing 54 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint,, against Council on Environmental Quality, Mary B Neumayr.Document filed by National Audubon Society, Center for Community Action and Environmental Justice, Environmental Justice Health Alliance, Natural Resources Defense Council, Inc., East Yard Communities for Environmental Justice, Sierra Club, New York Civil Liberties Union, New Jersey Environmental Justice Alliance, Texas Environmental Justice Advocacy Services. Related document: #1 Complaint,,. (Attachments: #1 Exhibit A (NRDC Comment Letter), #2 Exhibit B (MFN Comment Letter), #3 Exhibit C (327 Orgs & Tribal Nations Comment Letter), #4 Exhibit D (NJ Environmental Justice Alliance Comment Letter), #5 Exhibit E (WE ACT Comment Letter)).(Woods, Claire) Modified on 12/22/2020 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Claire Woods to RE-FILE Document No. #53 Amended Complaint,,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Amended Complaint must be the main document. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 53 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint,, against Council on Environmental Quality, Mary B Neumayr.Document filed by National Audubon Society, Center for Community Action and Environmental Justice, Environmental Justice Health Alliance, Natural Resources Defense Council, Inc., East Yard Communities for Environmental Justice, Sierra Club, New York Civil Liberties Union, New Jersey Environmental Justice Alliance, Texas Environmental Justice Advocacy Services. Related document: #1 Complaint,,. (Attachments: #1 Amended Complaint, #2 Exhibit A (NRDC Comments), #3 Exhibit B (Moving Forward Network Comments), #4 Exhibit C (327 Organizations and Tribal Nations Comments), #5 Exhibit D (NJEJAC Comments), #6 Exhibit E (WE ACT Comments), #7 Amended Complaint (Redline)).(Woods, Claire) Modified on 12/21/2020 (pc). |
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Filing 52
ORDER granting #51 Motion for Nathaniel Shoaff to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 12/10/2020). (mde) Transmission to Attorney Services/Help Desk.
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| Filing 51 MOTION for Nathaniel Shoaff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22960183. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sierra Club. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Shoaff, Nathaniel) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #51 MOTION for Nathaniel Shoaff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22960183. 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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Filing 50
ORDER granting #49 Letter Motion for Extension of Time. OK. Amended Pleadings due by 12/18/2020. Motions due by 3/10/2021. (Signed by Judge Colleen McMahon on 12/1/2020) (mml)
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| Set/Reset Deadlines: Responses due by 3/31/2021 Replies due by 4/14/2021. (mml) |
| Filing 49 LETTER MOTION for Extension of Time of Deadlines in Case Management Order addressed to Judge Colleen McMahon from Plaintiffs, Defendants, and Intervenors dated November 30, 2020. Document filed by Center for Community Action and Environmental Justice, East Yard Communities for Environmental Justice, Environmental Justice Health Alliance, National Audubon Society, Natural Resources Defense Council, Inc., New Jersey Environmental Justice Alliance, New York Civil Liberties Union, Sierra Club, Texas Environmental Justice Advocacy Services..(Woods, Claire) |
| Filing 48 MEMORANDUM OF LAW in Support re: #47 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Council on Environmental Quality, Mary B Neumayr..(Levine, Danielle) |
| Filing 47 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Council on Environmental Quality, Mary B Neumayr..(Levine, Danielle) |
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Filing 46
ORDER terminating #44 Letter Motion for Leave to File Excess Pages; granting #45 Letter Motion for Leave to File Excess Pages. OK. (Signed by Judge Colleen McMahon on 11/12/2020) (mml)
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| Received a Flash Drive of Administrative Record from AUSA Danielle J. Levine and Zachary Bannon representing defendants Council on Environmental Quality and Mary B. Neumayr, per endorsement of Judge Colleen McMahon at D.E. #41, signed on 11/04/2020(jri) Modified on 11/12/2020 (jri). |
| Filing 45 AMENDED LETTER MOTION for Leave to File Excess Pages (correcting letter motion at Dkt. No. 44) addressed to Judge Colleen McMahon from Danielle J. Levine dated November 11, 2020. Document filed by Council on Environmental Quality, Mary B Neumayr..(Levine, Danielle) |
| Filing 44 LETTER MOTION for Leave to File Excess Pages addressed to Judge Colleen McMahon from Danielle J. Levine dated November 11, 2020. Document filed by Council on Environmental Quality, Mary B Neumayr..(Levine, Danielle) |
| Filing 43 NOTICE of Lodging of Administrative Record. Document filed by Council on Environmental Quality, Mary B Neumayr. (Attachments: #1 Exhibit 1 - Declaration of Amy Coyle, #2 Exhibit 2.1 - Index to Administrative Record (Part 1), #3 Exhibit 2.2 - Index to Administrative Record (Part 2), #4 Exhibit 2.3 - Index to Administrative Record (Part 3), #5 Exhibit 2.4 - Index to Administrative Record (Part 4), #6 Exhibit 2.5 - Index to Administrative Record (Part 5)).(Levine, Danielle) |
| Filing 42 NOTICE OF APPEARANCE by Zachary Bannon on behalf of Council on Environmental Quality, Mary B Neumayr..(Bannon, Zachary) |
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Filing 41
ORDER granting #40 Letter Motion for Leave to File Document. OK - but the hard copy of every document that is sited in any brief or argument. (Signed by Judge Colleen McMahon on 11/4/2020) (mml)
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| Filing 40 LETTER MOTION for Leave to File Administrative Record Via Flash Drive addressed to Judge Colleen McMahon from Danielle J. Levine dated November 4, 2020. Document filed by Council on Environmental Quality, Mary B Neumayr..(Levine, Danielle) |
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Filing 39
ORDER FOR ADMISSION PRO HAC VICE OF MATTHEW A. WARING granting #38 Motion for Matthew A. Waring to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 11/2/2020) (jwh)
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| Filing 38 MOTION for Matthew A. Waring to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22391807. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, Laborers International Union of North America, National Cattlemens Beef Association. (Attachments: #1 Exhibit A: Certificate of Good Standing, #2 Exhibit B: Affidavit of Matthew A. Waring in support of Motion for Admission Pro Hac Vice, #3 Text of Proposed Order).(Waring, Matthew) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #38 MOTION for Matthew A. Waring to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22391807. 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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Filing 37
ORDER FOR ADMISSION PRO HAC VICE granting #36 Motion for Lanessa L. Owens 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 Colleen McMahon on 10/23/2020) (mml)
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| Filing 36 MOTION for Lanessa L. Owens to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22265970. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New York Civil Liberties Union. (Attachments: #1 Affidavit of Lanessa Chaplin in support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Owens, Lanessa) |
| Filing 35 NOTICE OF APPEARANCE by Lanessa Lynn Owens on behalf of New York Civil Liberties Union. (Attachments: #1 Affidavit of Lanessa Chaplin in support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Owens, Lanessa) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 MOTION for Lanessa L. Owens to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22265970. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
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Filing 34
STIPULATION AND ORDER REGARDING INTERVENTION: NOW THEREFORE, Plaintiffs, Defendants, and Proposed Intervenors hereby STIPULATE as follows: 1. Proposed Intervenors shall file any briefs no later than three calendar days after the Defendants file their corresponding brief. 2. Proposed Intervenors will endeavor in good faith to avoid repetition of the Defendants' arguments. 3. If Plaintiffs elect to respond to a brief filed by the Proposed Intervenors, Plaintiffs may submit a consolidated brief with the same page limits that would apply if Plaintiffs were responding separately to Proposed Intervenors' brief and the Defendants' brief. 4. Proposed Intervenors' principal briefs are limited to two-thirds the length of the Plaintiffs' corresponding principal brief. Any reply briefs are limited to two-thirds the length of the Defendants' reply. 5. Proposed Intervenors will not initiate discovery. If discovery is initiated by Plaintiffs or the Defendants, Proposed Intervenors may participate in discovery, subject to limits agreed by the parties or ordered by the Court and provided that nothing in this Order shall be construed as suggesting that discovery by any party is appropriate in this matter. Plaintiffs, Defendants, and Proposed Intervenors respectfully request that the Court SO ORDER the above-listed conditions for Proposed Intervenors' intervention. SO ORDERED. Motions terminated: #23 MOTION to Intervene as defendants filed by Laborers International Union of North America, American Farm Bureau Federation, Interstate Natural Gas Association of America, Federal Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Forest Resource Council, American Road & Transportation Builders Association, National Cattlemens Beef Association, Chamber of Commerce of the United States of America. (Signed by Judge Colleen McMahon on 10/13/2020) (mml)
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| Filing 33 PROPOSED STIPULATION AND ORDER. Document filed by Center for Community Action and Environmental Justice, East Yard Communities for Environmental Justice, Environmental Justice Health Alliance, National Audubon Society, Natural Resources Defense Council, Inc., New Jersey Environmental Justice Alliance, Texas Environmental Justice Advocacy Services..(Woods, Claire) |
| Filing 32 LETTER addressed to Judge Colleen McMahon from Plaintiffs and Defendants dated Oct. 1, 2020 re: Oct. 2, 2020 Pretrial Conference. Document filed by Center for Community Action and Environmental Justice, East Yard Communities for Environmental Justice, Environmental Justice Health Alliance, National Audubon Society, Natural Resources Defense Council, Inc., New Jersey Environmental Justice Alliance, New York Civil Liberties Union, Texas Environmental Justice Advocacy Services..(Woods, Claire) |
| Filing 31 MEMO ENDORSEMENT on re: #30 Letter,,, filed by Environmental Justice Health Alliance, National Audubon Society, Sierra Club, New York Civil Liberties Union, Natural Resources Defense Council, Inc., East Yard Communities for Environmental Justice, New Jersey Environmental Justice Alliance, Texas Environmental Justice Advocacy Services, Center for Community Action and Environmental Justice. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 10/1/2020) (jca) |
| Filing 30 LETTER addressed to Judge Colleen McMahon from Plaintiffs Environmental Justice Health Alliance, Texas Environmental Justice Advocacy Services, East Yard Com1nunities for Environmental Justice, New Jersey Environmental Justice Alliance, Center for Community Action and Environmental Justice, National Audubon Society, and Natural Resources Defense Council dated September 30, 2020 re: Envtl Justice Health Alliance v. CEQ, Case No. 1:20-cv-06143-CM. Document filed by Center for Community Action and Environmental Justice, East Yard Communities for Environmental Justice, Environmental Justice Health Alliance, National Audubon Society, Natural Resources Defense Council, Inc., New Jersey Environmental Justice Alliance, New York Civil Liberties Union, Sierra Club, Texas Environmental Justice Advocacy Services..(Woods, Claire) |
| Filing 29 LETTER addressed to Judge Colleen McMahon from Michael Kimberly dated September 29, 2020 re: Envt'l Justice Health Alliance v. CEQ, Case No. 1:20-cv-06143-CM. Document filed by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, Laborers International Union of North America, National Cattlemens Beef Association..(Kimberly, Michael) |
| Filing 28 MEMO ENDORSEMENT on re: #24 Memorandum of Law in Support of Motion filed by Laborers International Union of North America, American Farm Bureau Federation, Interstate Natural Gas Association of America, Federal Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Forest Resource Council, American Road & Transportation Builders Association, National Cattlemens Beef Association, Chamber of Commerce of the United States of America. ENDORSEMENT: Is this motion opposed? (Signed by Judge Colleen McMahon on 9/28/2020) (rro) |
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Filing 27
ORDER FOR ADMISSION PRO HAC VICE OF MICHAEL B. KIMBERLY granting #26 Motion for Michael B. Kimberly to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 9/28/2020) (rro)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for Michael B. Kimberly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21851347. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 26 MOTION for Michael B. Kimberly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21851347. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, Laborers International Union of North America, National Cattlemens Beef Association. (Attachments: #1 Exhibit A: Certificate of Good Standing, #2 Exhibit B: Affidavit of Michael B. Kimberly in support of Motion for Admission Pro Hac Vice, #3 Text of Proposed Order).(Kimberly, Michael) |
| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, Laborers International Union of North America, National Cattlemens Beef Association..(Kratenstein, Andrew) |
| Filing 24 MEMORANDUM OF LAW in Support re: #23 MOTION to Intervene as defendants. . Document filed by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, Laborers International Union of North America, National Cattlemens Beef Association. (Attachments: #1 Exhibit 1: Yates declaration, #2 Exhibit 2: Imbergamo declaration, #3 Exhibit 3: Moskowitz declaration, #4 Exhibit 4: Macchiarola declaration, #5 Exhibit 5: Goldstein declaration, #6 Exhibit 6: Mortimer declaration, #7 Exhibit 7: Dreskin declaration, #8 Exhibit 8: Farner declaration, #9 Exhibit 9: Yager declaration, #10 Notice of Motion to Dismiss, #11 Memorandum in Support of Notice of Motion to Dismiss).(Kratenstein, Andrew) |
| Filing 23 MOTION to Intervene as defendants. Document filed by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, Laborers International Union of North America, National Cattlemens Beef Association. (Attachments: #1 Text of Proposed Order).(Kratenstein, Andrew) |
| Filing 22 NOTICE OF APPEARANCE by Andrew Bennett Kratenstein on behalf of American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, Laborers International Union of North America, National Cattlemens Beef Association..(Kratenstein, Andrew) |
| Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Lanessa L. Owens to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21826575. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Center for Community Action and Environmental Justice, East Yard Communities for Environmental Justice, Environmental Justice Health Alliance, National Audubon Society, Natural Resources Defense Council, Inc., New Jersey Environmental Justice Alliance, New York Civil Liberties Union, Sierra Club, Texas Environmental Justice Advocacy Services. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Owens, Lanessa) Modified on 9/24/2020 (bcu). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #21 MOTION for Lanessa L. Owens to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21826575. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of New York. We do not accept certificates from other federal courts.;. Re-file the motion as a Corrected 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.. (bcu) |
| Filing 20 CIVIL CASE MANAGEMENT PLAN: This case is not to be tried to a jury. Amended Pleadings due by 12/11/2020. Joinder of Parties due by 12/11/2020. Motions due by 12/23/2020. Responses due by 1/28/2021. Replies due by 2/12/2021. Defendants' deadline to respond to Plaintiffs' complaint by motion to dismiss 11/17/2020. Plaintiffs' opposition to Defendants' motion to dismiss 12/11/2020. Plaintiffs' motion (if any) to supplement or complete the administrative record 12/23/2020. Defendants' reply in further support oftheir motion to dismiss 1/8/2021. Defendants' response to any motion to supplement or complete the administrative record 1/28/2021. Plaintiffs' reply in support of any motion to supplement or complete the administrative record 2/12/2021. The parties may, at any time, consent to have the assigned Magistrate Judge preside over this case pursuant to 28 U.S.C. Section 636(c). (Signed by Judge Colleen McMahon on 9/21/2020) (mml) |
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Filing 19
ORDER FOR ADMISSION PRO HAC VICE granting #17 Motion for Claire H. Woods to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 9/21/2020) (rj)
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| Filing 18 PROPOSED CASE MANAGEMENT PLAN. Document filed by Center for Community Action and Environmental Justice, East Yard Communities for Environmental Justice, Environmental Justice Health Alliance, National Audubon Society, Natural Resources Defense Council, Inc., New Jersey Environmental Justice Alliance, New York Civil Liberties Union, Sierra Club, Texas Environmental Justice Advocacy Services..(Wall, Michael) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Claire H. Woods to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-21713700. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 17 MOTION for Claire H. Woods to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-21713700. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Center for Community Action and Environmental Justice, East Yard Communities for Environmental Justice, Environmental Justice Health Alliance, National Audubon Society, Natural Resources Defense Council, Inc., New Jersey Environmental Justice Alliance, Texas Environmental Justice Advocacy Services. (Attachments: #1 Affidavit in Support of Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Proposed Order).(Woods, Claire) |
| Filing 16 NOTICE OF APPEARANCE by Danielle Judith Levine on behalf of Council on Environmental Quality, Mary B Neumayr..(Levine, Danielle) |
| Filing 15 AFFIDAVIT OF SERVICE. Council on Environmental Quality served on 8/18/2020, answer due 10/19/2020; Mary B Neumayr served on 8/18/2020, answer due 10/19/2020. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Marks, Nancy) |
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Filing 14
ORDER FOR ADMISSION PRO HAC VICE granting #13 MOTION for Michael Edwin Wall to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 9/14/2020) (jca)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Michael Edwin Wall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21617736. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 13 MOTION for Michael Edwin Wall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21617736. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Center for Community Action and Environmental Justice, East Yard Communities for Environmental Justice, Environmental Justice Health Alliance, National Audubon Society, Natural Resources Defense Council, Inc., New Jersey Environmental Justice Alliance, Texas Environmental Justice Advocacy Services. (Attachments: #1 Wall Affidavit in Support of Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Proposed Order Granting Admission Pro Hac Vice).(Wall, Michael) |
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Filing 12
ORDER FOR ADMISSION PRO HAC VICE granting #11 Motion for Gonzalo E. Rodriguez Gonzalez to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 9/10/2020) (rro)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Gonzalo E. Rodriguez Gonzalez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21460916. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 11 MOTION for Gonzalo E. Rodriguez Gonzalez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21460916. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Center for Community Action and Environmental Justice, East Yard Communities for Environmental Justice, Environmental Justice Health Alliance, National Audubon Society, Natural Resources Defense Council, Inc., New Jersey Environmental Justice Alliance, Texas Environmental Justice Advocacy Services. (Attachments: #1 Affidavit Affidavit Rodriguez, #2 Exhibit Standing Certificate Rodriguez, #3 Text of Proposed Order Proposed Order Rodriguez).(Rodriguez Gonzalez, Gonzalo) |
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Filing 10
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: This action having been assigned to me for all purposes, it is hereby, ORDERED as follows: 1. Counsel receiving this order shall contact all counsel of record (or where a party is not yet represented, such party) and, if necessary, provide them with a copy of this order, as further set forth. If a conforming case management plan is submitted at least two business days prior to the scheduled initial conference and subsequently approved by the Court, the initial conference will be canceled automatically. If a motion has been filed either before or after the case management plan is approved, and the parties desire a conference, a letter must be submitted to the Court via fax specifically asking that the initial conference not be canceled. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must participate in a telephone conference on 10/2/2020 at 10:30 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. (Telephone Conference set for 10/2/2020 at 10:30 AM before Judge Colleen McMahon. Initial Conference set for 10/2/2020 at 10:30 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 8/21/2020) (mml)
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| Filing 9 NOTICE OF APPEARANCE by Bridget Mary Lee on behalf of Sierra Club..(Lee, Bridget) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Center for Community Action and Environmental Justice, East Yard Communities for Environmental Justice, Environmental Justice Health Alliance, National Audubon Society, Natural Resources Defense Council, Inc., New Jersey Environmental Justice Alliance, New York Civil Liberties Union, Sierra Club, Texas Environmental Justice Advocacy Services..(Marks, Nancy) |
| Filing 7 NOTICE OF APPEARANCE by Stefanie Denene Coyle on behalf of New York Civil Liberties Union..(Coyle, Stefanie) |
| Filing 6 NOTICE OF APPEARANCE by Megan Sallomi on behalf of New York Civil Liberties Union..(Sallomi, Megan) |
| Filing 5 NOTICE OF APPEARANCE by Molly Knopp Biklen on behalf of New York Civil Liberties Union..(Biklen, Molly) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Council on Environmental Quality, Mary B Neumayr. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Nancy Sharman Marks. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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..(sj) |
| Case Designated ECF. (sj) |
| Magistrate Judge Sarah L. Cave 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. (sj) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Council on Environmental Quality; Mary B. Neumayr, re: #1 Complaint,,. Document filed by Center for Community Action and Environmental Justice, East Yard Communities for Environmental Justice, Environmental Justice Health Alliance, National Audubon Society, Natural Resources Defense Council, Inc., New Jersey Environmental Justice Alliance, New York Civil Liberties Union, Sierra Club, Texas Environmental Justice Advocacy Services..(Marks, Nancy) |
| Filing 2 CIVIL COVER SHEET filed..(Marks, Nancy) |
| Filing 1 COMPLAINT against Council on Environmental Quality, Mary B Neumayr. (Filing Fee $ 400.00, Receipt Number ANYSDC-21028164)Document filed by Natural Resources Defense Council, Inc., East Yard Communities for Environmental Justice, National Audubon Society, Sierra Club, Center for Community Action and Environmental Justice, New York Civil Liberties Union, Environmental Justice Health Alliance, New Jersey Environmental Justice Alliance, Texas Environmental Justice Advocacy Services. (Attachments: #1 Exhibit A (NRDC Comment Letter), #2 Exhibit B (MFN Comment Letter), #3 Exhibit C (327 Organizations and Tribal Nations Comment Letter), #4 Exhibit D (NJEJA Comment Letter), #5 Exhibit E (WE ACT Comment Letter)).(Marks, Nancy) |
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