Defenders of Wildlife et al v. United States Fish and Wildlife Service et al
| Sierra Club and Defenders of Wildlife |
| Martha Williams, Brenda Mallory, United States Fish and Wildlife Service, Council on Environmental Quality and Michael Oetker |
| 4:2024cv00073 |
| May 20, 2024 |
| U.S. District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| Brian S Meyers |
| Environmental Matters |
| 42 U.S.C. § 4321 Review of Agency Action-Environment |
| None |
Docket Report
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Filing 20
ORDER granting #19 Motion to Withdraw Plaintiffs' Motion for a Preliminary Injunction and Set Entry of Scheduling Order regarding 9 MOTION for Temporary Restraining Order and Preliminary Injunction. Signed by District Judge Terrence W. Boyle on 6/18/2024. (Stouch, L.)
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| Filing 19 Joint MOTION to Withdraw Plaintiffs' Motion for a Preliminary Injunction and Set Entry of Scheduling Order regarding #9 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defenders of Wildlife, Sierra Club. (Attachments: #1 Affidavit of Kendall Smith, #2 Text of Proposed Order) (McGee, Ramona) |
| Motion Submitted to District Judge Terrence W. Boyle regarding #19 Joint MOTION to Withdraw Plaintiffs' Motion for a Preliminary Injunction and Set Entry of Scheduling Order regarding #9 MOTION for Temporary Restraining Order and Preliminary Injunction. (Stouch, L.) |
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Filing 18
ORDER - Defendants are hereby permitted twenty-one (21) days from the date of entry of this order to file an amended or supplemented response to the motion for preliminary injunction. Plaintiffs are permitted ten (10) days from the filing of defendants' response to file any reply. Signed by District Judge Terrence W. Boyle on 5/31/2024. (Stouch, L.)
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| Filing 17 Minute Entry for proceedings held in Raleigh, NC before District Judge Terrence W. Boyle: Motion Hearing held on 5/31/2024. All parties present and ready to proceed. Oral argument held. Written order to follow. (Court Reporter Jenny Carroll, Official Court Reporter) (Stouch, L.) |
| Filing 16 REPLY to Response to Motion regarding #9 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defenders of Wildlife, Sierra Club. (McGee, Ramona) |
| Filing 15 RESPONSE in Opposition regarding #9 MOTION for Temporary Restraining Order filed by Council on Environmental Quality, Brenda Mallory, Michael Oetker, United States Fish and Wildlife Service, Martha Williams. (Attachments: #1 Exhibit Exhibit A Declaration of Kendall Smith) (Kang, Young) |
| Filing 14 Notice of Appearance filed by Young Kang on behalf of Council on Environmental Quality, Brenda Mallory, Michael Oetker, United States Fish and Wildlife Service, Martha Williams. (Kang, Young) |
| Filing 13 Declaration regarding #9 MOTION for Temporary Restraining Order , #10 Memorandum in Support,,,,,,,, And the Court's May 25, 2024 Order by Defenders of Wildlife, Sierra Club (Attachments: #1 Exhibit Attachment 1 - Email to Paige O'Hare) (McGee, Ramona) |
| Filing 12 Declaration regarding #1 Complaint,,, by Defenders of Wildlife, Sierra Club (Hunter, Kimberley) |
| Filing 11 Certificate of Service filed by Defenders of Wildlife, Sierra Club regarding #9 MOTION for Temporary Restraining Order , #10 Memorandum in Support,,,,,,,, Corrected. (McGee, Ramona) |
| Filing 10 Memorandum in Support regarding #9 MOTION for Temporary Restraining Order filed by Defenders of Wildlife, Sierra Club. (Attachments: #1 Exhibit Ex. 1 Index of Exhibits, #2 Exhibit Ex. 2 Sec. of State Records, #3 Exhibit Ex. 3 Bid Recommendation, #4 Exhibit Ex. 4 Purchase Order, #5 Exhibit Ex. 5 Hall to Moorman Email, #6 Exhibit Ex. 6 FIFRA Label, #7 Exhibit Ex. 7 Biopesticide Registration, #8 Exhibit Ex. 8 Comprehensive Conservation Plan, #9 Exhibit Ex. 9 USFWS SAV Webpage, #10 Exhibit Ex. 10 Watershed Restoration Plan, #11 Exhibit Ex. 11 Carp Removal Webpage, #12 Exhibit Ex. 12 Contract Award, #13 Exhibit Ex. 13 N.C. Coastal Fedn Webpage, #14 Exhibit Ex. 14 IRA Projects Webpage, #15 Exhibit Ex. 15 Habitat Mgmt. Plan, #16 Exhibit Ex. 16 BlueGreen Special Use Permit, #17 Exhibit Ex. 17- BlueGreen Phase 2 Plan, #18 Exhibit Ex. 18 Smith to McGowen & Bourne Email, #19 Exhibit Ex. 19 Draft EA, #20 Exhibit Ex. 20 SELC Comment on Draft EA, #21 Exhibit Ex. 21 Final EA, #22 Exhibit Ex. 22 NCDEQ Press Release, #23 Exhibit Ex. 23 Defenders Comment on NEPA Rules, #24 Exhibit Ex. 24 WE ACT Comment on NEPA Rules, #25 Exhibit Ex. 25 Bay Area Comment on NEPA Rules, #26 Exhibit Ex. 26 EDF Comment on Climate Analysis, #27 Exhibit Ex. 27 SELC Comment on NEPA Rules, #28 Exhibit Ex. 28 Regulatory Impact Analysis, #29 Exhibit Ex. 29 CEQ 2020 Rule Response to Comments, #30 Exhibit Ex. 30 Prater Decl., #31 Exhibit Ex. 31 Att. A to Prater Decl. eBird Data, #32 Exhibit Ex. 32 Carey Decl., #33 Exhibit Ex. 33 Ames Decl., #34 Exhibit Ex. 34 Elmore Decl., #35 Exhibit Ex. 35 Brennan Decl., #36 Exhibit Ex. 36 Draft Compatibility Determination, #37 Exhibit Ex. 37 van den Hurk Decl., #38 Exhibit Ex. 38 Att. A to van den Hurk Decl. CV, #39 Exhibit Ex. 39 Att. B to van den Hurk Decl. Bobwhite Rep., #40 Exhibit Ex. 40 Nat'l Audubon Socy v. U.S. Dept of Navy slip opinion) (McGee, Ramona) |
| Filing 9 MOTION for Temporary Restraining Order filed by Defenders of Wildlife, Sierra Club. (Attachments: #1 Text of Proposed Order Proposed Order for TRO, #2 Text of Proposed Order Proposed Order for PI) (McGee, Ramona) |
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TEXT ORDER - Plaintiffs have filed a motion seeking a temporary restraining order and preliminary injunction and have requested expedited briefing. The request for expedited briefing is ALLOWED. Defendants shall file any response to plaintiffs motion not later than 5:00 p.m. on Wednesday, May 29, 2024. Plaintiffs may file a reply not later than 3:00 p.m. on Thursday, May 30, 2024. The Court will conduct a hearing on the matter at 2:00 p.m. on Friday, May 31, 2024, at Raleigh, North Carolina. Plaintiffs are DIRECTED to provide a copy of this order to defendants and to notify the United States Attorneys Office for this district not later than 12:00 p.m. on Tuesday, May 28, 2024. Signed by District Judge Terrence W. Boyle on 5/24/2024. (Sellers, N.)
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| Set Hearing as to #9 MOTION for Temporary Restraining Order. Motion Hearing set for 5/31/2024 at 02:00 PM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. (Sellers, N.) |
| Filing 8 Summons Issued as to Council on Environmental Quality, Brenda Mallory, Michael Oetker, United States Fish and Wildlife Service, Martha Williams, Attorney General, Civil Process Clerk. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) |
| Filing 7 Notice of Appearance filed by Nicholas S. Torrey on behalf of Defenders of Wildlife, Sierra Club. (Torrey, Nicholas) |
| Filing 6 Notice of Appearance filed by Kimberley Hunter on behalf of Defenders of Wildlife, Sierra Club. (Hunter, Kimberley) |
| Filing 5 Notice of Appearance filed by Elizabeth Rita Rasheed on behalf of Defenders of Wildlife, Sierra Club. (Rasheed, Elizabeth) |
| Filing 4 Notice of Appearance filed by Ramona H. McGee on behalf of Defenders of Wildlife, Sierra Club. (McGee, Ramona) |
| Filing 3 Financial Disclosure Statement by Sierra Club (McGee, Ramona) |
| Filing 2 Financial Disclosure Statement by Defenders of Wildlife (McGee, Ramona) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ANCEDC-7614815.), filed by Defenders of Wildlife, Sierra Club. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons U.S. Fish and Wildlife Service, #3 Proposed Summons Martha Williams, in her official capacity as Director of the U.S. Fish and Wildlife Service, #4 Proposed Summons Michael Oetker, in his official capacity as Southeast Regional Director of the U.S. Fish and Wildlife Service, #5 Proposed Summons Council on Environmental Quality, #6 Proposed Summons Brenda Mallory, in her official capacity as Chair of Council on Environmental Quality, #7 Proposed Summons Merrick Garland, Attorney General, #8 Proposed Summons Attorney's Office of the EDNC) (McGee, Ramona) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina and the Selection of Mediator form are available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Sellers, N.) |
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