State of Iowa et al v. Council on Environmental Quality et al
| State of Louisiana, State of Utah, State of North Dakota, State of Wyoming, State of Iowa, State of West Virginia, State of South Dakota, State of Alaska, Commonwealth of Kentucky, State of Virginia, State of Georgia, State of Florida, State of Kansas, State of Montana, State of Arkansas, State of Idaho, State of Texas, State of Missouri, State of South Carolina, State of Nebraska and State of Tennessee |
| Brenda Mallory and Council on Environmental Quality |
| Center for Biological Diversity, Alaska Community Action on Toxics, Center for Environmental Health, Center for Food Safety, Environmental Law and Policy Center, Environmental Protection Information Center, Food & Water Watch, Fort Berthold POWER, Friends of the Earth, Green Latinos, Labor Council on Latin American Advancement, Malama Makua, National Parks Conservation Association, National Wildlife Federation, Ocean Conservancy, People's Collective for Environmental Justice, Rio Grande International Study Center, Southern Utah Wilderness Alliance, WE ACT for Environmental Justice, Wilderness Society, The and Winter Wildlands Alliance |
| 1:2024cv00089 |
| May 21, 2024 |
| US District Court for the District of North Dakota |
| Clare R Hochhalter |
| Daniel M Traynor |
| Environmental Matters |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on July 16, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 59 NOTICE of Appearance by Kelsey L. Smith on behalf of State of Louisiana (Smith, Kelsey) |
| DOCKET CORRECTION re: #58 Administrative Record. Clerk's Office removed "Exhibit' reference from attachments. (mf) |
| Filing 58 Administrative Record by Council on Environmental Quality, Brenda Mallory re 56 Order Adopting Stipulation,. (Attachments: #1 Healy Declaration, #2 AR Index)(Cumming, Gregory) Modified on 7/12/2024 to remove 'Exhibit' reference from attachments (mf) |
| Filing 57 ANSWER to #39 Amended Complaint,, by Council on Environmental Quality, Brenda Mallory.(Cumming, Gregory) |
Filing 56
(Text Only) ORDER by Judge Daniel M. Traynor adopting Stipulation re #55 Stipulation Requesting Entry of Scheduling Order by Council on Environmental Quality and Brenda Mallory in its entirety. Notice of Hearing as to Oral Argument will be noticed separately. (TL)
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| DOCKET CORRECTION re: #54 STATUS REPORT. Wrong event selected. Clerk's Office restricted access to document and refiled as STIPULATION at #55 . (sc) |
| Set/Reset Deadlines: Council on Environmental Quality answer due 7/11/2024; Brenda Mallory answer due 7/11/2024. (cjs) |
| Filing 55 STIPULATION Requesting Entry of Scheduling Order by Council on Environmental Quality and Brenda Mallory. (sc) |
| Filing 54 *RESTRICTED - WRONG EVENT SELECTED* STATUS REPORT Requesting Entry of Scheduling Order by Council on Environmental Quality, Brenda Mallory. (Cumming, Gregory) Modified to restrict access on 7/2/2024 (sc). |
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Filing 53
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #52 Motion to Appear Pro Hac Vice for Attorney Susan Jane M. Brown. (jb)
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| Filing 52 MOTION to Appear Pro Hac Vice Attorney Susan Jane M. Brown (Filing fee $150, receipt number ANDDC-2935431) by Alaska Community Action on Toxics, Center for Biological Diversity, Center for Environmental Health, Center for Food Safety, Environmental Law and Policy Center, Environmental Protection Information Center, Food & Water Watch, Fort Berthold POWER, Friends of the Earth, Green Latinos, Labor Council on Latin American Advancement, Malama Makua, National Parks Conservation Association, National Wildlife Federation, Ocean Conservancy, People's Collective for Environmental Justice, Rio Grande International Study Center, Southern Utah Wilderness Alliance, WE ACT for Environmental Justice, Wilderness Society, The, Winter Wildlands Alliance. (Brown, Susan Jane) Modified on 6/27/2024 to add receipt number. (jb) |
| Filing 51 MOTION to Intervene as Intervenor-Defendants by Alaska Community Action on Toxics, Center for Biological Diversity, Center for Environmental Health, Center for Food Safety, Environmental Law and Policy Center, Environmental Protection Information Center, Food & Water Watch, Fort Berthold POWER, Friends of the Earth, Green Latinos, Labor Council on Latin American Advancement, Malama Makua, National Parks Conservation Association, National Wildlife Federation, Ocean Conservancy, People's Collective for Environmental Justice, Rio Grande International Study Center, Southern Utah Wilderness Alliance, WE ACT for Environmental Justice, Wilderness Society, The, Winter Wildlands Alliance. (Attachments: #1 Memorandum in Support of Motion to Intervene, #2 Ex. A Proposed Answer of Applicant-Intervenor-Defendants, #3 Ex. B Declaration of Hasselman, Jan (with Exs. 1-2), #4 Ex. C Declaration of Bekker, Gustav Werner, #5 Ex. D Declaration of Buchele, Thomas, #6 Ex. E Declaration of Burga, Irene, #7 Ex. F Declaration of Chavis, Donna, #8 Ex. G Declaration of Clark, Neal, #9 Ex. H Declaration of Cortez, Tricia, #10 Ex. I Declaration of Cox, Caroline, #11 Ex. J Declaration of DeVille, Lisa, #12 Ex. K Declaration of Dodge, Vince, #13 Ex. L Declaration of Houston, William, #14 Ex. M Declaration of Jones, Mitch, #15 Ex. N Declaration of Lamfrom, David, #16 Ex. O Declaration of McKinnon, Taylor, #17 Ex. P Declaration of Meyer, Melodie, #18 Ex. Q Declaration of Miller, Pamela, #19 Ex. R Declaration of Monti, David, #20 Ex. S Declaration of Newell, Landon, #21 Ex. T Declaration of Schumacher, Dane, #22 Ex. U Declaration of Thompson, Robert James, #23 Ex. V Declaration of Vargas, Jose, #24 Ex. W Declaration of Vidaurre, Andrea, #25 Ex. X Declaration of Waller, Donald)(Hasselman, Jan) (Exhibit B replaced on 6/28/2024 to remove overlapping headers.) Regenerated NEF. (jb) |
| Filing 50 NOTICE of Appearance by Samantha G Peltz on behalf of Council on Environmental Quality, Brenda Mallory (Peltz, Samantha) |
| Filing 49 NOTICE of Appearance by Paul Gerald Freeborne on behalf of All Defendants (Freeborne, Paul) |
| Filing 48 NOTICE of Appearance by Gregory Martin Cumming on behalf of Council on Environmental Quality, Brenda Mallory (Cumming, Gregory) |
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Filing 47
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #46 Motion to Withdraw as Attorney. Attorney Lindsay Sara See terminated. (GW)
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| Filing 46 MOTION to Withdraw as Attorney Amicus Curiae by State of West Virginia. (See, Lindsay) |
| Filing 45 NOTICE of Appearance by Renee Spooner on behalf of State of Utah (Spooner, Renee) |
| Filing 44 NOTICE of Appearance by Morgan Brungard on behalf of State of Louisiana (Brungard, Morgan) |
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Filing 43
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #42 Motion to Appear Pro Hac Vice for Attorney Wade M. Withington. (sc)
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| Filing 42 MOTION to Appear Pro Hac Vice Attorney Wade M. Withington (Filing fee $150, receipt number ANDDC-2922436) by State of Alaska. (Withington, Wade) Modified to add receipt number on 6/6/2024 (sc). |
| DOCKET CORRECTION re: #39 Amended Complaint. Clerk's office added Plaintiff (State of Virginia), added filers (all States), and listed out defendants. Counsel is reminded that any Amended Complaint that adds or removes parties should be sent to the Clerk's office for filing. See the Court's Administrative Policy Governing Electronic Filing and Service, Section VI. (jb) |
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Filing 41
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #40 Motion to Appear Pro Hac Vice for Attorney Alexa Den Herder. (mf)
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| Filing 40 MOTION to Appear Pro Hac Vice Attorney Alexa Den Herder (Filing fee $150, receipt number ANDDC-2920695) by State of Iowa. (Den Herder, Alexa) Modified on 6/4/2024 to add receipt number. (Main Document 40 replaced on 6/4/2024 to remove fillable PDF format) NEF Regenerated (mf) |
| Filing 39 AMENDED COMPLAINT against Council on Environmental Quality, Brenda Mallory filed by State of Wyoming, State of West Virginia, State of Virginia, State of Georgia, State of South Dakota, State of Louisiana, State of Nebraska, State of Iowa, State of Missouri, State of Texas, Commonwealth of Kentucky, State of Idaho, State of Arkansas, State of Tennessee, State of North Dakota, State of Florida, State of Kansas, State of Montana, State of South Carolina, State of Utah, State of Alaska..(Wessan, Eric) Modified on 6/5/2024 to add filers (all States) and list out defendants. (jb) |
| Filing 38 CONSENT/REASSIGNMENT FORM by State of Arkansas. (cjs) |
| Filing 37 CONSENT/REASSIGNMENT FORM by Commonwealth of Kentucky. (cjs) |
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Filing 36
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #35 Motion to Appear Pro Hac Vice for Attorney Aaron J. Silletto. (sj)
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| Filing 35 MOTION to Appear Pro Hac Vice Attorney Aaron J. Silletto (Filing fee $150, receipt number: ANDDC-2914785) by Commonwealth of Kentucky. (Silletto, Aaron) Modified on 5/28/2024 to add receipt number. (sj). |
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Filing 34
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #33 Motion to Appear Pro Hac Vice for Attorney Victor B. Maddox. (sc)
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| Filing 33 MOTION to Appear Pro Hac Vice (Filing fee $150, receipt number ANDDC-2913340) by Commonwealth of Kentucky. (Attachments: #1 Certificate of Good Standing)(Maddox, Victor) Modified on to add receipt number and remove unnecessary exhibit language from docket text 5/23/2024 (sc). |
| Filing 32 CONSENT/REASSIGNMENT FORM by State of South Dakota. (mf) |
| DOCKET CORRECTION re: #33 MOTION to Appear Pro Hac Vice. Clerk's Office removed unnecessary exhibit language from docket text. (sc) |
| Filing 31 CONSENT/REASSIGNMENT FORM by State of Texas. (cjs) |
| Filing 30 CONSENT/REASSIGNMENT FORM by State of Nebraska. (cjs) |
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Filing 29
(Text Only) ORDER by Magistrate Judge Clare R. Hochhalter granting #28 Motion to Appear Pro Hac Vice for Attorney Susanna Dokupil. (jb)
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| Filing 28 MOTION to Appear Pro Hac Vice Attorney Susanna Dokupil (Filing fee $150, receipt number ANDDC-2912186) by State of Texas. (Dokupil, Susanna) Modified on 5/22/2024 to add receipt number. (jb) |
| Filing 27 CONSENT/REASSIGNMENT FORM by State of North Dakota. (cjs) |
| Filing 26 CONSENT/REASSIGNMENT FORM by State of Georgia. (cjs) |
| Filing 25 CONSENT/REASSIGNMENT FORM by State of Wyoming. (cjs) |
| Filing 24 CONSENT/REASSIGNMENT FORM by State of Missouri. (jb) |
| Filing 23 CONSENT/REASSIGNMENT FORM by State of Idaho. (jb) |
| Filing 22 CONSENT/REASSIGNMENT FORM by State of Florida. (jb) |
| Filing 21 CONSENT/REASSIGNMENT FORM by State of Montana. (jb) |
| Filing 20 CONSENT/REASSIGNMENT FORM by State of Iowa. (jb) |
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Filing 19
(Text Only) ORDER REASSIGNING CASE by Chief Judge Peter D. Welte. Case reassigned to Judge Daniel M. Traynor, as presiding judge, and Magistrate Judge Clare R. Hochhalter, as referral judge, for all further proceedings. Magistrate Judge Clare R. Hochhalter no longer assigned as presiding judge. (jb)
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| Filing 18 CONSENT/REASSIGNMENT FORM by State of West Virginia. (jb) |
| Filing 17 NOTICE of Appearance by Eric H Wessan on behalf of State of Iowa (Wessan, Eric) |
| Filing 16 NOTICE of Direct Assignment as to State of Wyoming. Consent/Reassignment Form due by 6/4/2024. (jb) |
| Filing 15 NOTICE of Direct Assignment as to State of West Virginia. Consent/Reassignment Form due by 6/4/2024. (jb) |
| Filing 14 NOTICE of Direct Assignment as to State of Tennessee. Consent/Reassignment Form due by 6/4/2024. (jb) |
| Filing 13 NOTICE of Direct Assignment as to State of South Dakota. Consent/Reassignment Form due by 6/4/2024. (jb) |
| Filing 12 NOTICE of Direct Assignment as to State of South Carolina. Consent/Reassignment Form due by 6/4/2024. (jb) |
| Filing 11 NOTICE of Direct Assignment as to State of Nebraska. Consent/Reassignment Form due by 6/4/2024. (jb) |
| Filing 10 NOTICE of Direct Assignment as to State of Montana. Consent/Reassignment Form due by 6/4/2024. (jb) |
| Filing 9 NOTICE of Direct Assignment as to State of Missouri. Consent/Reassignment Form due by 6/4/2024. (jb) |
| Filing 8 NOTICE of Direct Assignment as to State of Idaho. Consent/Reassignment Form due by 6/4/2024. (jb) |
| Filing 7 NOTICE of Direct Assignment as to State of Georgia. Consent/Reassignment Form due by 6/4/2024. (jb) |
| Filing 6 NOTICE of Direct Assignment as to State of Florida. Consent/Reassignment Form due by 6/4/2024. (jb) |
| Filing 5 NOTICE of Direct Assignment as to State of Arkansas. Consent/Reassignment Form due by 6/4/2024. (jb) |
| Filing 4 NOTICE of Direct Assignment as to State of North Dakota. Consent/Reassignment Form due by 6/4/2024. (jb) |
| Filing 3 NOTICE of Direct Assignment as to State of Iowa. Consent/Reassignment Form due by 6/4/2024. (jb) |
| Filing 2 Summons Issued as to Council on Environmental Quality, Brenda Mallory, U.S. Attorney and U.S. Attorney General (jb) |
| Filing 1 COMPLAINT against Council on Environmental Quality, Brenda Mallory (Filing fee $405, receipt number 100002152) filed by State of Wyoming, State of West Virginia, State of Georgia, State of South Dakota, State of Louisiana, State of Nebraska, State of Iowa, State of Missouri, State of Texas, Commonwealth of Kentucky, State of Idaho, State of Arkansas, State of Tennessee, State of North Dakota, State of Florida, State of Kansas, State of Montana, State of South Carolina, State of Utah, State of Alaska. (Attachments: #1 Civil Cover Sheet)(jb) |
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