West Virginia, State of et al v. U.S. Environmental Protection Agency et al
| West Virginia, State of, North Dakota, State of, Georgia, State of, Iowa, State of, Alabama, State of, Alaska, State of, Arkansas, State of, Florida, State of, Indiana, State of, Kansas, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, Nebraska, State of, New Hampshire, State of, Ohio, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, Virginia, State of and Wyoming, State of |
| U.S. Environmental Protection Agency, Michael S. Regan, U.S. Army Corps of Engineers, Michael L. Connor and LTG Scott A. Spellmon |
| Chickaloon Village Traditional Council, Rappahannock Tribe, Tohono O'Odham Nation and White Earth Band of Minnesota Chippewa Tribe |
| American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Cass County Farm Bureau, Leading Builders of America, National Apartment Association, National Association of Home Builders of the United States, National Association of Realtors, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, North Dakota Farm Bureau, Public Lands Council and U.S. Poultry and Egg Association |
| 3:2023cv00032 |
| February 16, 2023 |
| US District Court for the District of North Dakota |
| Daniel L Hovland |
| Alice R Senechal |
| Peter D Welte |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on April 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| DOCKET CORRECTION re: #133 RESPONSIVE BRIEF. Clerk's office added link and responsive to clarify docket text. (sc) |
| Filing 133 RESPONSIVE BRIEF re: #129 APPEAL OF MAGISTRATE JUDGE DECISION Business Plaintiffs' Response to Federal Defendants' Appeal From the Magistrate Judge's Order Granting Intervention by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Cass County Farm Bureau, Leading Builders of America, National Apartment Association, National Association of Home Builders of the United States, National Association of Realtors, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, North Dakota Farm Bureau, Public Lands Council, U.S. Poultry and Egg Association. (Schmidt, Katie) Modified to add link and clarify docket text on 4/13/2023 (sc). |
| Filing 132 RESPONSE to Motion re #115 MOTION for Hearing filed by Michael L. Connor, Michael S. Regan, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency. (Shea, Sonya) |
Filing 131
ORDER by Judge Daniel L. Hovland granting #44 Motion for Preliminary Injunction; denying #45 Motion for oral argument. (MM)
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| Filing 130 REPLY to Response to Motion re #44 MOTION for Preliminary Injunction (Plaintiff States' Reply to Intervenor-Defendants' Response) filed by Alabama, State of, Alaska, State of, Arkansas, State of, Florida, State of, Georgia, State of, Indiana, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, Ohio, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, Virginia, State of, West Virginia, State of, Wyoming, State of. (Williams, Michael) |
| Filing 129 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge by Michael L. Connor, Michael S. Regan, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency re #110 Order on Motion to Intervene (Lee, Hubert) |
| DOCKET CORRECTION re: #127 NOTICE Reply to Response to Notice of Supplemental Authority. Clerk's office added link. (sc) |
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Filing 128
(Text Only) ORDER by Judge Daniel L. Hovland granting #126 Motion for Extension of Time to File Response to Plaintiff-Intervenors' Motion for Preliminary Injunction and granting #126 Motion for Leave to File Excess Pages. Federal Defendants and Defendant Intervenors responses to Plaintiff-Intervenors preliminary injunction motion due 4/26/2023, limited to 25 pages each. Plaintiff-Intervenors combined reply to both responses due 5/10/2023, limited to 16 pages. (MM)
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| Filing 127 NOTICE by Michael L. Connor, Michael S. Regan, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency re: #122 NOTICE Reply to Response to Notice of Supplemental Authority (Izfar, Sarah) Modified to add link on 4/5/2023 (sc). |
| DOCKET CORRECTION re: #126 MOTION for Extension of Time to File Response/Reply. Clerk's Office added a link. (sj) |
| Set/Reset Deadlines as to #113 MOTION for Preliminary Injunction . Responses due by 4/26/2023 Replies due by 5/10/2023. (mf) |
| Filing 126 MOTION for Extension of Time to File Response/Reply to Industry Motion for Preliminary Injunction, MOTION for Leave to File Excess Pages by Michael L. Connor, Michael S. Regan, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency. (Izfar, Sarah) Modified on 4/4/2023 to add link. (sj). |
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Filing 125
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #124 Motion to Appear Pro Hac Vice for Attorney Howard M. Shanker. (sc)
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| Filing 124 MOTION to Appear Pro Hac Vice Attorney Howard M. Shanker (Filing fee $150, receipt number ANDDC-2640351) by Tohono O'Odham Nation. (Shanker, Howard) Modified to add receipt number on 4/3/2023 (sc). |
| Filing 123 NOTICE (Plaintiff States' Response to Defendants' Notice of Supplemental Authority) by Alabama, State of, Alaska, State of, Arkansas, State of, Florida, State of, Georgia, State of, Indiana, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, Ohio, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, Virginia, State of, West Virginia, State of, Wyoming, State of re #122 Notice (Other) (Williams, Michael) |
| DOCKET CORRECTION re: #122 Notice. Clerk's Office removed 'Exhibit' reference from attachment. (mf) |
| Set/Reset Deadlines as to #44 MOTION for Preliminary Injunction . Replies due by 4/5/2023. (mf) |
| Filing 122 NOTICE by Michael L. Connor, Michael S. Regan, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency re #44 MOTION for Preliminary Injunction (Attachments: #1 Commonwealth of Kentucky v. EPA, No. 3:23-cv-00007 (E.D. Ky.) Order denying motions for preliminary relief)(Shea, Sonya) Modified on 4/3/2023 to remove 'Exhibit' reference from attachment (mf) |
| Filing 121 INTERVENOR ANSWER to #1 Complaint by Chickaloon Village Traditional Council, Rappahannock Tribe, Tohono O'Odham Nation, White Earth Band of Minnesota Chippewa Tribe.(sj) |
| Filing 120 RESPONSE to Motion re #44 MOTION for Preliminary Injunction filed by Chickaloon Village Traditional Council, Rappahannock Tribe, Tohono O'Odham Nation, White Earth Band of Minnesota Chippewa Tribe. (Brimmer, Janette) |
| Filing 119 NOTICE of Appearance by Erik J. Wallevand on behalf of North Dakota, State of (Wallevand, Erik) |
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Filing 118
ORDER by Magistrate Judge Alice R. Senechal granting #87 Motion to Intervene; denying #95 Motion to Strike. (AS)
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Filing 117
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #116 Motion to Substitute Attorney. Attorney Clark Lassiter Hildabrand withdrawn from case. (AS)
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| DOCKET CORRECTION re: #114 Memorandum in Support. Clerk's Office added exhibit letters to attachments. (mf) |
| Filing 116 MOTION to Substitute Attorney by Tennessee, State of. (Krimm, Gabriel) |
| Filing 115 MOTION for Hearing by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Cass County Farm Bureau, Leading Builders of America, National Apartment Association, National Association of Home Builders of the United States, National Association of Realtors, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, North Dakota Farm Bureau, Public Lands Council, U.S. Poultry and Egg Association. (Schmidt, Katie) |
| Filing 114 MEMORANDUM in Support re #113 MOTION for Preliminary Injunction filed by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Cass County Farm Bureau, Leading Builders of America, National Apartment Association, National Association of Home Builders of the United States, National Association of Realtors, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, North Dakota Farm Bureau, Public Lands Council, U.S. Poultry and Egg Association. (Attachments: #1 Exhibit A Index and Declarations, #2 Exhibit B 2023 Final WOTUS Rule, #3 Exhibit C 2008 Rapanos Guidance, #4 Exhibit D 1986 WOTUS Rule)(Schmidt, Katie) Modified on 3/30/2023 to add exhibit letters to attachments (mf) |
| Filing 113 MOTION for Preliminary Injunction by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Cass County Farm Bureau, Leading Builders of America, National Apartment Association, National Association of Home Builders of the United States, National Association of Realtors, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, North Dakota Farm Bureau, Public Lands Council, U.S. Poultry and Egg Association. (Schmidt, Katie) |
| Filing 112 Summons Issued as to Michael L. Connor, Michael S. Regan, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Attorney and U.S. Attorney General (sj) |
| Filing 111 Intervenor COMPLAINT filed by National Cattlemen's Beef Association, Cass County Farm Bureau, Leading Builders of America, American Petroleum Institute, American Farm Bureau Federation, National Association of Home Builders of the United States, American Road and Transportation Builders Association, National Mining Association, U.S. Poultry and Egg Association, Public Lands Council, National Stone, Sand and Gravel Association, National Apartment Association, National Pork Producers Council, North Dakota Farm Bureau, National Multifamily Housing Council, National Association of Realtors, Associated General Contractors of America, National Corn Growers Association. (Attachments: #1 Exhibit A - Declarations in Support of Complaint for Declatory and Injuctive Relief)(sj) |
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Filing 110
ORDER by Magistrate Judge Alice R. Senechal granting #54 Motion to Intervene. (AS)
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| Filing 109 REPLY to Response to Motion re #87 MOTION to Intervene filed by Chickaloon Village Traditional Council, Rappahannock Tribe, Tohono O'Odham Nation, White Earth Band of Minnesota Chippewa Tribe. (Brimmer, Janette) |
| DOCKET CORRECTION re: #107 Notice (Other) Reply to Response to Notice of Supplemental Authority. Clerk's office linked to correct document. (jb) |
| Filing 108 RESPONSE to Motion re #87 MOTION to Intervene filed by Alabama, State of, Alaska, State of, Arkansas, State of, Florida, State of, Georgia, State of, Indiana, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, Ohio, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, Virginia, State of, West Virginia, State of, Wyoming, State of. (Williams, Michael) |
| Filing 107 NOTICE by Michael L. Connor, Michael S. Regan, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency re #104 Notice (Other),, Reply to Response to Notice of Supplemental Authority (Izfar, Sarah) Modified on 3/21/2023 to correct link. (jb) |
| Filing 106 RESPONSE to Motion re #87 MOTION to Intervene filed by Michael L. Connor, Michael S. Regan, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency. (Higgins, Elliot) |
| Filing 105 NOTICE by Alabama, State of, Alaska, State of, Arkansas, State of, Florida, State of, Georgia, State of, Indiana, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, Ohio, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, Virginia, State of, West Virginia, State of, Wyoming, State of re #104 Notice (Other), (Plaintiff States' Response to Defendants' Notice of Supplemental Authority) (Williams, Michael) |
| DOCKET CORRECTION re: #56 Memorandum in Support. Clerks Office removed 'exhibit' and duplicate 'exhibit' references from attachments. Re: #104 Notice. Clerk's Office removed 'exhibit' reference from attachment. (mf) |
| Filing 104 NOTICE by Michael L. Connor, Michael S. Regan, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency re #44 MOTION for Preliminary Injunction (Attachments: #1 Texas v. EPA, No. 3:23-cv-17 (S.D. Tex.) Order granting and denying motions for preliminary relief)(Shea, Sonya) Modified on 3/20/2023 to remove 'exhibit' reference from attachment (mf) |
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Filing 103
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #102 Motion to Appear Pro Hac Vice for Attorney Gabriel Krimm. (jb)
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| Filing 102 MOTION to Appear Pro Hac Vice Attorney Gabriel Krimm (Filing fee $150, receipt number ANDDC-2630290) by Tennessee, State of. (Attachments: #1 List of Admissions)(Krimm, Gabriel) (Main Document 102 replaced on 3/17/2023 in a non-fillable .pdf format) Modified on 3/17/2023 to add receipt number and to remove 'exhibit' reference. Regenerated NEF. (jb) |
| Set/Reset Deadlines as to #87 MOTION to Intervene . Responses due by 3/20/2023. Replies due by 3/21/2023. See Order at 101 . (sc) |
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Filing 101
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting in part #96 Motion to Expedite. Any response to the #87 MOTION to Intervene by Chickaloon Village Traditional Council, Rappahannock Tribe, Tohono O'Odham Nation, and White Earth Band of Minnesota Chippewa Tribe is due by March 20, 2023. Any reply is due by March 21, 2023. (AS)
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| Filing 100 REPLY to Response to Motion re #96 MOTION to Expedite Applicant-Defendant-Intervenors' Motion to Accelerate Briefing and Expedite Consideration of Motion to Intervene filed by Chickaloon Village Traditional Council, Rappahannock Tribe, Tohono O'Odham Nation, White Earth Band of Minnesota Chippewa Tribe. (Brimmer, Janette) |
| Filing 99 RESPONSE to Motion re #96 MOTION to Expedite Applicant-Defendant-Intervenors' Motion to Accelerate Briefing and Expedite Consideration of Motion to Intervene filed by Alabama, State of, Alaska, State of, Arkansas, State of, Florida, State of, Georgia, State of, Indiana, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, Ohio, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, Virginia, State of, West Virginia, State of, Wyoming, State of. (Williams, Michael) |
| Filing 98 REPLY to Response to Motion re #44 MOTION for Preliminary Injunction filed by Alabama, State of, Alaska, State of, Arkansas, State of, Florida, State of, Georgia, State of, Indiana, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, Ohio, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, Virginia, State of, West Virginia, State of, Wyoming, State of. (Williams, Michael) |
| Filing 97 RESPONSE to Motion re #95 MOTION to Strike #93 Response to Motion filed by Chickaloon Village Traditional Council, Rappahannock Tribe, Tohono O'Odham Nation, White Earth Band of Minnesota Chippewa Tribe. (Brimmer, Janette) |
| Filing 96 MOTION to Expedite Applicant-Defendant-Intervenors' Motion to Accelerate Briefing and Expedite Consideration of Motion to Intervene by Chickaloon Village Traditional Council, Rappahannock Tribe, Tohono O'Odham Nation, White Earth Band of Minnesota Chippewa Tribe. (Attachments: #1 Memorandum in Support)(Brimmer, Janette) |
| Filing 95 MOTION to Strike #93 Response to Motion by Alabama, State of, Alaska, State of, Arkansas, State of, Florida, State of, Georgia, State of, Indiana, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, Ohio, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, Virginia, State of, West Virginia, State of, Wyoming, State of. (Attachments: #1 Memorandum In Support)(Williams, Michael) |
| Filing 94 REPLY to Response to Motion re #45 MOTION for Oral Argument re #44 MOTION for Preliminary Injunction filed by Alabama, State of, Alaska, State of, Arkansas, State of, Florida, State of, Georgia, State of, Indiana, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, Ohio, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, Virginia, State of, West Virginia, State of, Wyoming, State of. (Williams, Michael) |
| Filing 93 RESPONSE to Motion re #44 MOTION for Preliminary Injunction filed by Chickaloon Village Traditional Council, Rappahannock Tribe, Tohono O'Odham Nation, White Earth Band of Minnesota Chippewa Tribe. (Brimmer, Janette) |
| Filing 92 RESPONSE to Motion re #44 MOTION for Preliminary Injunction filed by Michael L. Connor, Michael S. Regan, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency. (Attachments: #1 Exhibit 1: Text of 1986 Regulations, #2 Exhibit 2: Rapanos Guidance, #3 Exhibit 3: History of the Effects of Litigation, #4 Exhibit 4: 2023 Rule Regulatory Text, #5 Exhibit 5: Econ. Analysis Excerpts, #6 Exhibit 6: 2023 Rule Response to Comments Excerpts, #7 Exhibit 7: Corps Guidance Letter Excerpts, #8 Exhibit 8: Corps Impact Analysis, #9 Exhibit 9: 2015 Rule Regulatory Text, #10 Exhibit 10: Nat'l Stone Sand Gravel Ass'n Public Comments, #11 Exhibit 11: Waters Advocacy Coalition Public Comments)(Izfar, Sarah) |
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Filing 91
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #89 Motion to Appear Pro Hac Vice for Attorney David L. Henkin. (mf)
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| DOCKET CORRECTION re: #89 Motion to Appear Pro Hac Vice David L. Henkin. Clerk's Office added filers (Rappahannock Tribe, Tohono O'Odham Nation). (cjs) |
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Filing 90
ORDER by Judge Daniel L. Hovland denying #83 Motion for Extension of Time to File Response/Reply, Motion for Leave to File Consolidated Opposition, and Motion for Leave to File Excess Pages. (JO) (Main Document 90 replaced on 3/9/2023 to correct error in document) NEF Regenerated (mf)
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| Filing 89 MOTION to Appear Pro Hac Vice Attorney David L. Henkin (Filing fee $150, receipt number ANDDC-2623748) by Chickaloon Village Traditional Council, White Earth Band of Minnesota Chippewa Tribe, Rappahannock Tribe, Tohono O'Odham Nation. (Henkin, David) Modified on 3/9/2023 to add receipt number (mf) Modified on 3/10/2023 to add filers (cjs). |
| DOCKET CORRECTION re: #86 Reply to Response. Clerk's Office removed 'exhibit' reference from attachment. (mf) |
| Filing 88 MEMORANDUM in Support re #87 MOTION to Intervene filed by Chickaloon Village Traditional Council, Rappahannock Tribe, Tohono O'Odham Nation, White Earth Band of Minnesota Chippewa Tribe. (Brimmer, Janette) |
| Filing 87 MOTION to Intervene by Chickaloon Village Traditional Council, Rappahannock Tribe, Tohono O'Odham Nation, White Earth Band of Minnesota Chippewa Tribe. (Attachments: #1 Exhibit A - Proposed Answer, #2 Declaration of Chief Gary Harrison, #3 Declaration of Chief G. Anne Richardson, #4 Declaration of Chief Ned Norris, Jr., #5 Declaration of Chairman Michael Fairbanks)(Brimmer, Janette) |
| Filing 86 REPLY to Response to Motion re #54 MOTION to Intervene of Proposed Business Intervenors filed by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Cass County Farm Bureau, Leading Builders of America, National Apartment Association, National Association of Home Builders of the United States, National Association of Realtors, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, North Dakota Farm Bureau, Public Lands Council, U.S. Poultry and Egg Association. (Attachments: #1 Department of Education v. Brown Oral Argument Transcript)(Schmidt, Katie) (Attachment 1 replaced on 3/9/2023 to remove overlapping headers on attachment) NEF Regenerated. Modified on 3/9/2023 to remove 'exhibit' reference from attachment (mf) |
| Filing 85 RESPONSE to Motion re #83 MOTION for Extension of Time to File Response/Reply MOTION for Leave to File Consolidated Opposition, As AppropriateMOTION for Leave to File Excess Pages , As Appropriate filed by Alabama, State of, Alaska, State of, Arkansas, State of, Florida, State of, Georgia, State of, Indiana, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, Ohio, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, Virginia, State of, West Virginia, State of, Wyoming, State of. (Attachments: #1 Exhibit A - Correspondence)(Williams, Michael) |
| DOCKET CORRECTION re: #83 Motion for Extension of Time to File Response/Reply, Motion for Leave to File Document, Motion to File Excess Pages. Clerk's Office added links. (cjs) |
| Filing 84 RESPONSE to Motion re #45 MOTION for Oral Argument re #44 MOTION for Preliminary Injunction filed by Michael L. Connor, Michael S. Regan, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency. (Higgins, Elliot) |
| Filing 83 MOTION for Extension of Time to File Response/Reply , MOTION for Leave to File Consolidated Opposition, As Appropriate, MOTION for Leave to File Excess Pages , As Appropriate re #44 Motion for Preliminary Injunction #54 Motion to Intervene by Michael L. Connor, Michael S. Regan, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency. (Attachments: #1 Memorandum in Support of Motion)(Higgins, Elliot) Modified on 3/8/2023 to add links (cjs). |
| Filing 82 RESPONSE to Motion re #54 MOTION to Intervene of Proposed Business Intervenors filed by Michael L. Connor, Michael S. Regan, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency. (Attachments: #1 Exhibit A - 2023 Rule Text, #2 Exhibit B - S.D. Tex. Amended Complaint, #3 Exhibit C - S.D. Tex. Preliminary Injunction Motion, #4 Exhibit D - S.D. Tex. Declarations, #5 Exhibit E - Econ. Analysis Excerpts)(Higgins, Elliot) (Attachment 2 replaced on 3/6/2023 to remove overlapping filing headers) (cjs). (Attachment 3 replaced on 3/6/2023 to remove overlapping filing headers) (cjs). (Attachment 4 replaced on 3/6/2023 to remove overlapping filing headers) (cjs). Regenerated on 3/6/2023 (cjs). |
| DOCKET CORRECTION re: #81 Notice. Clerk's Office removed 'exhibit' reference. (mf) |
| Filing 81 NOTICE by Michael L. Connor, Michael S. Regan, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency Notice of Filing of Certified Index to the Administrative Record (Attachments: #1 Certified Index of Administrative Record)(Izfar, Sarah) Modified on 3/2/2023 to remove 'exhibit' reference (mf) |
| Filing 80 NOTICE of Appearance by Tracy Short on behalf of Louisiana, State of (Short, Tracy) |
| Filing 79 NOTICE of Appearance by Andrew J. Doyle on behalf of All Defendants (Doyle, Andrew) |
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Filing 78
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #73 Motion to Set Briefing Schedule and Exceed Page Limitations. Defendants' response to #44 Motion for Preliminary Injunction is due by 3/10/2023 and shall be limited to 30 pages. Plaintiffs' reply is due by 3/14/2023 and shall be limited to 10 pages. (KT)
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| Set/Reset Deadlines as to #44 MOTION for Preliminary Injunction . Responses due by 3/10/2023 Replies due by 3/14/2023. See Text Only Order at 78 . (sj) |
| Filing 77 NOTICE of Appearance by Elliot Higgins on behalf of All Defendants (Higgins, Elliot) |
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Filing 76
(Text Only) ORDER REASSIGNING CASE to Judge Daniel L. Hovland, as presiding judge, for all further proceedings by Chief Judge Peter D. Welte. Magistrate Judge Alice R. Senechal remains assigned, as referral judge, to the case. (pb)
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| Filing 75 NOTICE of Appearance by Morgan Brungard on behalf of Louisiana, State of (Brungard, Morgan) |
| Filing 74 CONSENT/REASSIGNMENT FORM by Virginia, State of. (sj) |
| Filing 73 MOTION to Set Briefing Schedule/Exceed Page Limits re #44 MOTION for Preliminary Injunction by Michael L. Connor, Michael S. Regan, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency. (Attachments: #1 Proposed Order)(Lee, Hubert) |
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Filing 72
ORDER OF RECUSAL by Chief Judge Peter D. Welte. Chief Judge Peter D. Welte recused. (EA)
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| Filing 71 NOTICE of Appearance by Sonya Shea on behalf of All Defendants (Shea, Sonya) |
| Filing 70 NOTICE of Appearance by Elizabeth B Murrill on behalf of Louisiana, State of (Murrill, Elizabeth) |
| Filing 69 NOTICE of Appearance by Joseph Scott St. John on behalf of Louisiana, State of (St. John, Joseph) |
| Filing 68 CONSENT/REASSIGNMENT FORM by Mississippi, State of. (sj) |
| Filing 67 CONSENT/REASSIGNMENT FORM by Alabama, State of. (mf) |
| Filing 66 NOTICE of Appearance by Sarah Izfar on behalf of All Defendants (Izfar, Sarah) |
| Filing 65 CONSENT/REASSIGNMENT FORM by Florida, State of. (pb) |
| Filing 64 NOTICE of Appearance by Joshua Divine on behalf of Missouri, State of (Divine, Joshua) |
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Filing 63
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #58 Motion to Appear Pro Hac Vice for Attorney James B. Danford; granting #60 Motion to Appear Pro Hac Vice for Attorney Timothy S. Bishop; granting #61 Motion to Appear Pro Hac Vice for Attorney Brett E. Legner (mf)
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| Filing 62 NOTICE of Appearance by Jeff P. Johnson on behalf of Missouri, State of (Johnson, Jeff) |
| Filing 61 MOTION to Appear Pro Hac Vice Attorney Brett E. Legner (Filing fee $150, receipt number ANDDC-2612875) by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Cass County Farm Bureau, Leading Builders of America, National Apartment Association, National Association of Home Builders of the United States, National Association of Realtors, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, North Dakota Farm Bureau, Public Lands Council, U.S. Poultry and Egg Association. (Legner, Brett) Modified on 2/22/2023 to add receipt number (mf) |
| Filing 60 MOTION to Appear Pro Hac Vice Attorney Timothy S. Bishop (Filing fee $150, receipt number ANDDC-2612873) by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Cass County Farm Bureau, Leading Builders of America, National Apartment Association, National Association of Home Builders of the United States, National Association of Realtors, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, North Dakota Farm Bureau, Public Lands Council, U.S. Poultry and Egg Association. (Bishop, Timothy) Modified on 2/22/2023 to add receipt number (mf) |
| Filing 59 NOTICE of Appearance by Hubert T. Lee on behalf of All Defendants (Lee, Hubert) |
| Filing 58 MOTION to Appear Pro Hac Vice Attorney James B. Danford, Jr. (Filing fee $150, receipt number ANDDC-2612855) by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Cass County Farm Bureau, Leading Builders of America, National Apartment Association, National Association of Home Builders of the United States, National Association of Realtors, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, North Dakota Farm Bureau, Public Lands Council, U.S. Poultry and Egg Association. (Danford, James) Modified on 2/22/2023 to add receipt number (mf) |
| Filing 57 Corporate Disclosure Statement by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Cass County Farm Bureau, Leading Builders of America, National Apartment Association, National Association of Home Builders of the United States, National Association of Realtors, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, North Dakota Farm Bureau, Public Lands Council, U.S. Poultry and Egg Association. (Schmidt, Katie) |
| Filing 56 MEMORANDUM in Support re #54 MOTION to Intervene of Proposed Business Intervenors filed by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Cass County Farm Bureau, Leading Builders of America, National Apartment Association, National Association of Home Builders of the United States, National Association of Realtors, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, North Dakota Farm Bureau, Public Lands Council, U.S. Poultry and Egg Association. (Attachments: #1 Proposed Complaint, #2 Exhibit A to Proposed Complaint, #3 Proposed Motion for Preliminary Injunction, #4 Proposed Memorandum in Support of Motion for Preliminary Injunction, #5 Exhibit A to Proposed Memorandum in Support of Motion for Preliminary Injunction, #6 Exhibit B to Proposed Memorandum in Support of Motion for Preliminary Injunction)(Schmidt, Katie) Modified on 3/20/2023 to remove 'exhibit' and duplicate 'exhibit' references from attachments (mf) |
| Filing 55 *RESTRICTED - FILED IN ERROR* MEMORANDUM in Support re #54 MOTION to Intervene of Proposed Business Intervenors filed by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Cass County Farm Bureau, Leading Builders of America, National Apartment Association, National Association of Home Builders of the United States, National Association of Realtors, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, North Dakota Farm Bureau, Public Lands Council, U.S. Poultry and Egg Association. (Bertsch, Katie) Modified to restrict access per request of filer on 2/22/2023 (pb). |
| Filing 54 MOTION to Intervene of Proposed Business Intervenors by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Cass County Farm Bureau, Leading Builders of America, National Apartment Association, National Association of Home Builders of the United States, National Association of Realtors, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, North Dakota Farm Bureau, Public Lands Council, U.S. Poultry and Egg Association. (Bertsch, Katie) |
| Filing 53 SUMMONS Returned Executed as to All Defendants. (Attachments: #1 Spellmon Proof of Service, #2 Connor Proof of Service, #3 Regan Proof of Service, #4 EPA Proof of Service)(Williams, Michael) Modified to correct filers on 2/22/2023 (pb). |
| Filing 52 *RESTRICTED - WRONG USER LOGIN* MOTION to Appear Pro Hac Vice Attorney James B. Danford, Jr. (Filing fee $150, receipt number) by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Cass County Farm Bureau, Leading Builders of America, National Apartment Association, National Association of Home Builders of the United States, National Association of Realtors, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, North Dakota Farm Bureau, Public Lands Council, U.S. Poultry and Egg Association. (Bertsch, Katie) Modified on 2/22/2023 to restrict access (mf) |
| Filing 51 *RESTRICTED - WRONG USER LOGIN* MOTION to Appear Pro Hac Vice Attorney Timothy S. Bishop (Filing fee $150, receipt number) by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Cass County Farm Bureau, Leading Builders of America, National Apartment Association, National Association of Home Builders of the United States, National Association of Realtors, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, North Dakota Farm Bureau, Public Lands Council, U.S. Poultry and Egg Association. (Bertsch, Katie) Modified on 2/22/2023 to restrict access (mf) |
| Filing 50 CONSENT/REASSIGNMENT FORM by New Hampshire, State of. (pb) |
| Filing 49 CONSENT/REASSIGNMENT FORM by Indiana, State of. (pb) |
| Filing 48 *RESTRICTED - WRONG USER LOGIN* MOTION to Appear Pro Hac Vice Attorney Brett E. Legner (Filing fee $150, receipt number) by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Cass County Farm Bureau, Leading Builders of America, National Apartment Association, National Association of Home Builders of the United States, National Association of Realtors, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, North Dakota Farm Bureau, Public Lands Council, U.S. Poultry and Egg Association. (Bertsch, Katie) Modified on 2/22/2023 to restrict access (mf) |
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Filing 47
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #34 Motion for Leave to File Excess Pages. (AS)
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Filing 46
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #38 Motion to Appear Pro Hac Vice for Attorney Benjamin M. Flowers. (mf)
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| DOCKET CORRECTION re: #55 MEMORANDUM in Support. Filed in error. Clerk's Office restricted access per request of filer. Filer will refile corrected document with all supporting attachments. (pb) |
| Filing 45 MOTION for Oral Argument re #44 MOTION for Preliminary Injunction by Alabama, State of, Alaska, State of, Arkansas, State of, Florida, State of, Georgia, State of, Indiana, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, Ohio, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, Virginia, State of, West Virginia, State of, Wyoming, State of. (Williams, Michael) |
| Filing 44 MOTION for Preliminary Injunction by Alabama, State of, Alaska, State of, Arkansas, State of, Florida, State of, Georgia, State of, Indiana, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, Ohio, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, Virginia, State of, West Virginia, State of, Wyoming, State of. (Attachments: #1 Memorandum In Support, #2 Exhibit A - Decl. of Randy Bates, #3 Exhibit B- Decl. of Anna Truszczynski, #4 Exhibit C- Decl. of Scott Marler, #5 Exhibit D - Decl. of Lori McDaniel, #6 Exhibit E -Decl. of Mike Naig, #7 Exhibit F - Decl. of Duane DeKrey, #8 Exhibit G - Decl. of L. David Glatt, #9 Exhibit H - Decl. of Douglas Goehring, #10 Exhibit I - Decl. of Andrea Travnicek, #11 Exhibit J - Decl. of Jason Foster)(Williams, Michael) |
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Filing 43
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #41 Motion to Appear Pro Hac Vice for Attorney Justin L. Matheny. (sc)
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| Filing 42 NOTICE of Appearance by Natalie Christmas on behalf of Florida, State of (Christmas, Natalie) |
| Filing 41 MOTION to Appear Pro Hac Vice Attorney Justin L. Matheny (Filing fee $150, receipt number ANDDC-2611857) by Mississippi, State of. (Matheny, Justin) Modified to add receipt number on 2/21/2023 (sc). |
| Filing 40 CONSENT/REASSIGNMENT FORM by Utah, State of. (sc) |
| Filing 39 NOTICE of Appearance by James Emory Smith, Jr on behalf of South Carolina, State of (Smith, James) |
| Filing 38 MOTION to Appear Pro Hac Vice Attorney Benjamin M. Flowers (Filing fee $150, receipt number ANDDC-2611759) by Ohio, State of. (Flowers, Benjamin) Modified on 2/21/2023 to add receipt number (mf) |
| Filing 37 NOTICE of Appearance by Thomas Molnar Fisher on behalf of Indiana, State of (Fisher, Thomas) |
| Filing 36 CONSENT/REASSIGNMENT FORM by South Dakota, State of. (sc) |
| Filing 35 CONSENT/REASSIGNMENT FORM by Wyoming, State of. (sc) |
| Filing 34 MOTION for Leave to File Excess Pages by Alabama, State of, Alaska, State of, Arkansas, State of, Florida, State of, Georgia, State of, Indiana, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Mississippi, State of, Missouri, State of, Montana, State of, Nebraska, State of, New Hampshire, State of, North Dakota, State of, Ohio, State of, Oklahoma, State of, South Carolina, State of, South Dakota, State of, Tennessee, State of, Utah, State of, Virginia, State of, West Virginia, State of, Wyoming, State of. (Williams, Michael) |
| Filing 33 CONSENT/REASSIGNMENT FORM by Montana, State of. (sc) |
| Filing 32 CONSENT/REASSIGNMENT FORM by Missouri, State of. (sc) |
| Filing 31 CONSENT/REASSIGNMENT FORM by Georgia, State of. (pb) |
| Filing 30 CONSENT/REASSIGNMENT FORM by Kansas, State of. (pb) |
| DOCKET CORRECTION re: 24 ORDER REASSIGNING CASE. Clerk's Office restricted access to entry as it was filed in error; duplicate filing. (sj) |
| Filing 29 CONSENT/REASSIGNMENT FORM by Nebraska, State of. (sj) |
| Filing 28 CONSENT/REASSIGNMENT FORM by Iowa, State of. (sc) |
| Filing 27 NOTICE of Appearance by Brandon F. Chase on behalf of New Hampshire, State of (Chase, Brandon) |
| Filing 26 CONSENT/REASSIGNMENT FORM by Alaska, State of. (sj) |
| Filing 25 NOTICE of Appearance by Clark Lassiter Hildabrand on behalf of Tennessee, State of (Hildabrand, Clark) |
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Filing 24
*RESTRICTED - FILER IN ERROR* (Text Only) ORDER REASSIGNING CASE to Chief Judge Peter D. Welte, as presiding judge, and Magistrate Judge Alice R. Senechal, as referral judge, for all further proceedings by Chief Judge Peter D. Welte. Magistrate Judge Alice R. Senechal no longer assigned as presiding judge. (sj) Modified on 2/17/2023 to restrict access. (sj).
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| Filing 23 CONSENT/REASSIGNMENT FORM by Oklahoma, State of. (sj) |
| Filing 22 CONSENT/REASSIGNMENT FORM by North Dakota, State of. (pb) |
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Filing 21
(Text Only) ORDER REASSIGNING CASE to Chief Judge Peter D. Welte, as presiding judge, and Magistrate Judge Alice R. Senechal, as referral judge, for all further proceedings. Magistrate Judge Alice R. Senechal no longer assigned as presiding judge by Chief Judge Peter D. Welte.(pb)
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| Filing 20 CONSENT/REASSIGNMENT FORM by West Virginia, State of. (pb) |
| Filing 19 NOTICE of Direct Assignment as to Wyoming, State of. Consent/Reassignment Form due by 3/2/2023. (sc) |
| Filing 18 NOTICE of Direct Assignment as to Virginia, State of. Consent/Reassignment Form due by 3/2/2023. (sc) |
| Filing 17 NOTICE of Direct Assignment as to Utah, State of. Consent/Reassignment Form due by 3/2/2023. (sc) |
| Filing 16 NOTICE of Direct Assignment as to South Dakota, State of. Consent/Reassignment Form due by 3/2/2023. (sc) |
| Filing 15 NOTICE of Direct Assignment as to Oklahoma, State of. Consent/Reassignment Form due by 3/2/2023. (sc) |
| Filing 14 NOTICE of Direct Assignment as to Nebraska, State of. Consent/Reassignment Form due by 3/2/2023. (sc) |
| Filing 13 NOTICE of Direct Assignment as to Montana, State of. Consent/Reassignment Form due by 3/2/2023. (sc) |
| Filing 12 NOTICE of Direct Assignment as to Missouri, State of. Consent/Reassignment Form due by 3/2/2023. (sc) |
| Filing 11 NOTICE of Direct Assignment as to Louisiana, State of. Consent/Reassignment Form due by 3/2/2023. (sc) |
| Filing 10 NOTICE of Direct Assignment as to Kansas, State of. Consent/Reassignment Form due by 3/2/2023. (sc) |
| Filing 9 NOTICE of Direct Assignment as to Arkansas, State of. Consent/Reassignment Form due by 3/2/2023. (sc) |
| Filing 8 NOTICE of Direct Assignment as to Alaska, State of. Consent/Reassignment Form due by 3/2/2023. (sc) |
| Filing 7 NOTICE of Direct Assignment as to Alabama, State of. Consent/Reassignment Form due by 3/2/2023. (sc) |
| Filing 6 NOTICE of Direct Assignment as to Iowa, State of. Consent/Reassignment Form due by 3/2/2023. (sc) |
| Filing 5 NOTICE of Direct Assignment as to Georgia, State of. Consent/Reassignment Form due by 3/2/2023. (sc) |
| Filing 4 NOTICE of Direct Assignment as to North Dakota, State of. Consent/Reassignment Form due by 3/2/2023. (sc) |
| Filing 3 NOTICE of Direct Assignment as to West Virginia, State of. Consent/Reassignment Form due by 3/2/2023. (sc) |
| Filing 2 Summons Issued as to Michael L. Connor, Michael S. Regan, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Attorney and U.S. Attorney General (sc) |
| Filing 1 COMPLAINT against Michael L. Connor, Michael S. Regan, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency (Filing fee $402, receipt number 300000319) filed by Ohio, State of, New Hampshire, State of, Louisiana, State of, West Virginia, State of, Florida, State of, Nebraska, State of, Arkansas, State of, Missouri, State of, Montana, State of, Tennessee, State of, Utah, State of, Alabama, State of, Wyoming, State of, Alaska, State of, Kansas, State of, South Dakota, State of, Georgia, State of, North Dakota, State of, Oklahoma, State of, South Carolina, State of, Mississippi, State of, Virginia, State of, Iowa, State of, Indiana, State of. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A: Waters of the United States Rule C1)(sc) |
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