Gavin Power, LLC v. United States Environmental Protection Agency et al
| Gavin Power, LLC |
| United States Environmental Protection Agency and Michael S. Regan |
| Sierra Club |
| 2:2024cv00041 |
| January 4, 2024 |
| US District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| Michael H Watson |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
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Filing 23
MOTION for expedited briefing and argument schedule by Plaintiff Gavin Power, LLC. (Carter, Kevin)
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Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Preliminary Pretrial Conference held on 2/29/2024. Discovery temporarily stayed pending resolution of Motion to Stay Proceedings. (sln)
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Filing 22
NOTICE by Plaintiff Gavin Power, LLC of Opposition (Attachments: #1 Exhibit A - February 21, 2024 email from J. Friedland to P. Rosen) (Carter, Kevin)
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Filing 21
Unopposed MOTION for Extension of Time to File Answer New date requested 12/31/2024. Until 30 days following Denial of Motion for a Stay (NOT 12/31/2024) to file Initial Response to Complaint (not necessarily an Answer) by Defendants Michael S. Regan, United States Environmental Protection Agency. (Rosen, Perry)
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Filing 20
MOTION to Stay of all Proceedings by Defendants Michael S. Regan, United States Environmental Protection Agency. (Attachments: #1 Exhibit Ex. A.Gavin Final Order, #2 Exhibit Ex. B.Gavin Petition for Review, #3 Exhibit Ex. C.Gavin D.C. Circuit Brief, #4 Exhibit Ex. D.Gavin D.C. Circuit Reply Brief) (Rosen, Perry)
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Filing 19
MOTION to Intervene by Intervenor Defendant Sierra Club. (Attachments: #1 Declaration of Neil Waggoner, #2 Declaration of Marianne Barte, #3 Proposed Answer, #4 Rule 7.1 Disclosure Statement) (Cmar, Thomas)
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Filing 18
RULE 26(f) REPORT of the Parties by Plaintiff Gavin Power, LLC. (Carter, Kevin)
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Filing 17
NOTATION ORDER granting #16 Motion for Leave to Appear Pro Hac Vice of Timothy J. Hagerty as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on 2/21/2024. (mas)
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Filing 16
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9827248) of Timothy J. Hagerty by Plaintiff Gavin Power, LLC. (Attachments: #1 Exhibit 1 - Certificate of Good Standing) (Carter, Kevin)
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Filing 15
AFFIDAVIT of Service for Summons and complaint served on US Environmental Protection Agency; Michael S. Regan, US EPA Administrator; US Attorney General's Office; US Attorney's Office, Columbus, Ohio on 1/12/24, filed by Plaintiff Gavin Power, LLC. (Attachments: #1 Exhibit 1 - Cover letters, #2 Exhibit 2 - U.S. certified mail return receipts (green cards), #3 Exhibit 3 - USPS tracking history for Michael Regan, US EPA Administrator, #4 Exhibit 4 - USPS tracking histories for US EPA and USAO, Columbus, #5 Exhibit 5 - USPS tracking history for USAG) (Carter, Kevin)
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Filing 14
NOTATION ORDER granting #12 and #13 Motion for Leave to Appear Pro Hac Vice of Jason R. Burt and Chase A. Chesser. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on 2/14/2024. (mas)
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Filing 13
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9819518) of Chase A. Chesser by Plaintiff Gavin Power, LLC. (Attachments: #1 Exhibit 1 - Certificate of Good Standing) (Carter, Kevin)
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Filing 12
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9819468) of Jason R. Burt by Plaintiff Gavin Power, LLC. (Attachments: #1 Exhibit 1 - Certificate of Good Standing) (Carter, Kevin)
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Filing 11
NOTICE of Hearing:Preliminary Pretrial Conference set for 2/29/2024 10:30 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)
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Filing 10
NOTICE of Appearance by Perry M. Rosen for Defendants Michael S. Regan, United States Environmental Protection Agency (Rosen, Perry)
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Filing 9
NOTATION ORDER granting #6 , #7 , and #8 Motion for Leave to Appear Pro Hac Vice of Stacey L. VanBelleghem, Karl Karg and James D. Friedland as co-counsel. Co-counsel are directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on 1/5/2024. (mas)
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Filing 8
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9753982) of James Friedland by Plaintiff Gavin Power, LLC. (Attachments: #1 Exhibit 1 - Certificate of Good Standing) (Carter, Kevin)
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Filing 7
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9753975) of Karl Karg by Plaintiff Gavin Power, LLC. (Attachments: #1 Exhibit 1 - Certificate of Good Standing) (Carter, Kevin)
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Filing 6
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9753935) of Stacey VanBelleghem by Plaintiff Gavin Power, LLC. (Attachments: #1 Exhibit 1 - Certificate of Good Standing) (Carter, Kevin)
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Filing 5
Summons Issued as to Michael S. Regan, United States Environmental Protection Agency, U.S. Attorney and U.S. Attorney General. (mas)
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Filing 4
NOTICE by Plaintiff Gavin Power, LLC of Filing of Corrected Civil Cover Sheet (Attachments: #1 Exhibit 1 - Corrected Civil Cover Sheet) (Carter, Kevin)
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Filing 3
Corporate Disclosure Statement by Plaintiffs Gavin Power, LLC, Lightstone Generation LLC, ArcLight Energy Partners Fund VI, L.P., Blackstone Energy Partners II NQ L.P., Blackstone Capital Partners VII NQ L.P. identifying Corporate Parent Lightstone Generation LLC, Other Affiliate ArcLight Energy Partners Fund VI, L.P., Other Affiliate Blackstone Energy Partners II NQ L.P., Other Affiliate Blackstone Capital Partners VII NQ L.P. for Gavin Power, LLC.. (Carter, Kevin)
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Filing 2
Corporate Disclosure Statement by Plaintiffs Gavin Power, LLC, Lightstone Generation LLC, ArcLight Energy Partners Fund VI, L.P., Blackstone Energy Partners II NQ L.P., Blackstone Capital Partners VII NQ L.P., Blackstone Inc. identifying Corporate Parent Lightstone Generation LLC, Other Affiliate Blackstone Inc., Other Affiliate ArcLight Energy Partners Fund VI, L.P., Other Affiliate Blackstone Energy Partners II NQ L.P., Other Affiliate Blackstone Capital Partners VII NQ L.P. for Gavin Power, LLC.. (Carter, Kevin)
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Filing 1
COMPLAINT against Michael S. Regan, United States Environmental Protection Agency ( Filing fee $ 405 paid - receipt number: BOHSDC-9753321), filed by Gavin Power, LLC. (Attachments: #1 Exhibit A - Risk Assessment, #2 Exhibit B - Nov 30, 2020 letter to A. Wheeler with certifications, #3 Exhibit C - Proposed Decision, #4 Exhibit D - Oct 23, 2015 letter to C. Butler, #5 Exhibit E - Notification of Closure, #6 Exhibit F - Gavin Power Comments on Proposed Denial, #7 Exhibit G - AEP Comments on Proposed Denial, #8 Civil Cover Sheet, #9 Summons Form Summons - US EPA, #10 Summons Form Summons - Michael S. Regan, in his capacity as Administrator of US EPA, #11 Summons Form Summons - US Attorney General, #12 Summons Form Summons - US AGO SDOH) (Carter, Kevin)
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