South Carolina Coastal Conservation League et al v. Ross et al
Plaintiff: South Carolina Coastal Conservation League, North Carolina Coastal Federation, One Hundred Miles, Sierra Club, Surfrider Foundation, Defenders of Wildlife, Center for Biological Diversity, Natural Resources Defense Council Inc, Oceana, Briarcliffe Acres, Town of, Kiawah Island, Town of, Isle of Palms, City of, Beaufort, City of, Awendaw, Town of, Seabrook Island, Town of, Folly Beach, City of, James Island, Town of, Mount Pleasant, Town of, Edisto Beach, Town of, Hilton Head Island, Town of, Pawleys Island, Town of, South Carolina Small Business Chamber of Commerce, Charleston, City of, Port Royal, Town of, Bluffton, Town of and North Myrtle Beach, City of
Defendant: Wilbur Ross, National Marine Fisheries Service and Chris Oliver
Petitioner: Sunset Beach, Town of, Oak Island, Town of and Caswell Beach, Town of
Intervenor Defendant: WesternGeco LLC, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, American Petroleum Institute, GX Technology Corporation, CGG Services (U.S.) Inc. and International Association of Geophysical Contractors
Intervenor Plaintiff: New Jersey, State of, Delaware, State of, New York, State of, Commonwealth of Virginia, North Carolina, State of, Maine, State of, Connecticut, State of, Commonwealth of Massachusetts, State of South Carolina ex rel Alan Wilson, Attorney General and Maryland, State of
Case Number: 2:2018cv03326
Filed: December 11, 2018
Court: US District Court for the District of South Carolina
Presiding Judge: Richard M Gergel
Nature of Suit: Environmental Matters
Cause of Action: 16 U.S.C. § 1538
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 16, 2020 Filing 371 Letter from Counsel for Federal Defendants. (Attachments: #1 Exhibit (Declaration of Scott Farley re: Correction of the Number of Items in the Collection for Court-Ordered Supplement to the Administrative Record))(Finnegan, Alison)
March 25, 2020 Opinion or Order Filing 370 ORDER denying #362 Motion. The Federal Defendants' motion to issue a Rule 502(d) order (Dkt. No. 362) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/25/2020.(sshe, )
March 23, 2020 Filing 369 SUR REPLY to REPLY to Response to Motion re #362 MOTION for Entry of a Rule 502(d) Order Response filed by Center for Biological Diversity, Defenders of Wildlife, Natural Resources Defense Council Inc, North Carolina Coastal Federation, Oceana, One Hundred Miles, Sierra Club, South Carolina Coastal Conservation League, Surfrider Foundation. (Attachments: #1 Exhibit A)(Wannamaker, Catherine)
March 19, 2020 Filing 368 REPLY to Response to Motion re #362 MOTION for Entry of a Rule 502(d) Order & Report on Court-Ordered Consultation with the Parties Response filed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. (Attachments: #1 Exhibit A (Standing Order 03/16/2020), #2 Exhibit B (Declaration of Adam Issenberg))(Finnegan, Alison)
March 16, 2020 Filing 367 RESPONSE in Opposition re #362 MOTION for Entry of a Rule 502(d) Order Response filed by Awendaw, Town of, Beaufort, City of, Bluffton, Town of, Briarcliffe Acres, Town of, Charleston, City of, Edisto Beach, Town of, Folly Beach, City of, Hilton Head Island, Town of, Isle of Palms, City of, James Island, Town of, Kiawah Island, Town of, Mount Pleasant, Town of, North Myrtle Beach, City of, Pawleys Island, Town of, Port Royal, Town of, Seabrook Island, Town of, South Carolina Small Business Chamber of Commerce.Reply to Response to Motion due by 3/23/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Armstrong, Amy)
March 16, 2020 Filing 366 RESPONSE in Opposition re (362 in 2:18-cv-03326-RMG) MOTION for Entry of a Rule 502(d) Order Response filed by Awendaw, Town of, Beaufort, City of, Bluffton, Town of, Briarcliffe Acres, Town of, Charleston, City of, Edisto Beach, Town of, Folly Beach, City of, Hilton Head Island, Town of, Isle of Palms, City of, James Island, Town of, Kiawah Island, Town of, Mount Pleasant, Town of, North Myrtle Beach, City of, Pawleys Island, Town of, Port Royal, Town of, Seabrook Island, Town of, South Carolina Small Business Chamber of Commerce.Reply to Response to Motion due by 3/23/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Associated Cases: 2:18-cv-03326-RMG, 2:18-cv-03327-RMG(Cunningham, Benjamin)
March 16, 2020 Filing 365 TEXT ORDER: Federal Defendants have moved for a modification of their obligations under F.R.E. 502(B), and the Environmental Plaintiffs have filed a memorandum in opposition. (Dkt. No. 362, 364). The Court anticipates that recent developments with COVID-19 may have some impact on work assignments and schedules of counsel in this action. The parties are directed to promptly consult by telephone regarding these recent developments and determine if a mutually satisfactory resolution might be reached. If a mutually satisfactory resolution cannot be proposed by the parties, the Federal Defendants may supplement their motion on or before 3/19/20 and the Environmental Plaintiffs may file a response by 3/23/20. The Court is not inclined to grant the F.R.E. 502(D) motion but may consider a brief extension if the Federal Defendants commit to provide greater resources (more than two attorneys) to conduct its review. Any supplemental motion by the Federal Defendants must specify the additional resources it will assign to the review and an estimate of the number of documents under review. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/16/20. (ltap, )
March 12, 2020 Filing 364 RESPONSE in Opposition re #362 MOTION for Entry of a Rule 502(d) Order Response filed by Center for Biological Diversity, Defenders of Wildlife, Natural Resources Defense Council Inc, North Carolina Coastal Federation, Oceana, One Hundred Miles, Sierra Club, South Carolina Coastal Conservation League, Surfrider Foundation.Reply to Response to Motion due by 3/19/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Wannamaker, Catherine)
March 10, 2020 Filing 363 TEXT ORDER re #362 MOTION for Entry of a Rule 502(d) Order . The time to file a response to this motion is shortened to March 16, 2020. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/10/20. (ltap, )
March 9, 2020 Filing 362 MOTION for Entry of a Rule 502(d) Order by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. Response to Motion due by 3/23/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A (compiled emails re: parties' positions), #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Finnegan, Alison)
March 3, 2020 Filing 361 ANSWER to #126 Intervenor Complaint by National Marine Fisheries Service, Wilbur Ross.(Piropato, Marissa)
February 19, 2020 Opinion or Order Filing 359 ORDER Federal Defendants' motion for an extension of time to supplement the record (Dkt. No. #353 ) is GRANTED IN PART and DENIED IN PART. The Court finds good cause for an extension to supplement the record until March 31, 2020. No further extensions will be granted. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/19/2020.(sshe, )
February 18, 2020 Filing 358 RESPONSE in Support re #353 MOTION for Extension of Time for Federal Defendants to Comply with the Court's January 6, 2020 Order (ECF 352) and to Plaintiffs' Request for 30 Days' Notice of BOEM's Decisionmaking on the Pending Permit Applications Response filed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. (Attachments: #1 Exhibit A (Declaration of W. Cruickshank))(Finnegan, Alison)
February 18, 2020 Filing 357 RESPONSE in Opposition re #353 MOTION for Extension of Time for Federal Defendants to Comply with the Court's January 6, 2020 Order (ECF 352) Response filed by Awendaw, Town of, Beaufort, City of, Bluffton, Town of, Briarcliffe Acres, Town of, Charleston, City of, Edisto Beach, Town of, Folly Beach, City of, Hilton Head Island, Town of, Isle of Palms, City of, James Island, Town of, Kiawah Island, Town of, Mount Pleasant, Town of, North Myrtle Beach, City of, Pawleys Island, Town of, Port Royal, Town of, Seabrook Island, Town of, South Carolina Small Business Chamber of Commerce.Reply to Response to Motion due by 2/25/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Armstrong, Amy)
February 18, 2020 Filing 356 RESPONSE to Motion re #353 MOTION for Extension of Time for Federal Defendants to Comply with the Court's January 6, 2020 Order (ECF 352) Response filed by American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC.Reply to Response to Motion due by 2/25/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Houseal, Sean) Modified on 2/19/2020 to reference entry deleted by clerk and refiled by filing user to correct event choice(sshe, ).
February 18, 2020 Opinion or Order Filing 355 ORDER The Court grants the Federal Defendants' partial motion to dismiss (Dkt. No. #259 ) is GRANTED IN PART and DENIED IN PART. The Court dismisses the nuisance, trespass and admiralty claims (Sixth, Seventh, Eighth, and Ninth Causes of Action). The Court otherwise denies the Federal Defendants' partial motion to dismiss. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/18/2020.(sshe, )
February 14, 2020 Filing 354 RESPONSE in Opposition re #353 MOTION for Extension of Time for Federal Defendants to Comply with the Court's January 6, 2020 Order (ECF 352) Response filed by Center for Biological Diversity, Defenders of Wildlife, Natural Resources Defense Council Inc, North Carolina Coastal Federation, Oceana, One Hundred Miles, Sierra Club, South Carolina Coastal Conservation League, Surfrider Foundation.Reply to Response to Motion due by 2/21/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Wannamaker, Catherine)
February 13, 2020 Filing 360 TEXT ORDER: Federal Defendants have moved for an extension of time to supplement the administrative record from the present date of February 20, 2020 until April 16, 2020. (Dkt. No. 353). This motion indicates a willingness of Plaintiffs to agree to an extension of four or eight weeks on the condition that Plaintiffs would receive 30 days notice of the issuance of the BOEM permits. (Id. at 3). The Court directs any Plaintiffs objecting to the Federal Defendants motion for an extension (Dkt. No. 353) to file a response in opposition on or before February 18, 2020. The Federal Defendants are directed to file a response by February 18, 2020 whether they oppose the Plaintiffs request for 30 days notice of the issuance of BOEM permits and, if so, the basis of their opposition. The Court hereby extends the time of the Federal Defendants to supplement the administrative record until February 28, 2020, while the Court considers the motion for extension of time (Dkt. No. 353) and the parties responses. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 2/13/20. Refiled in lead case for reference only (removed from consolidated Closed case 2:18-cv-03327-RMG) (sshe, )
February 12, 2020 Filing 353 MOTION for Extension of Time for Federal Defendants to Comply with the Court's January 6, 2020 Order (ECF 352) by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. Response to Motion due by 2/26/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A (Declaration of J. Harrison), #2 Exhibit B (compiled emails re Plaintiffs' positions), #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Finnegan, Alison)
January 6, 2020 Opinion or Order Filing 352 ORDER The Court GRANTS IN PART and DENIES IN PART Plaintiffs' Motion to Compel Federal Defendants to Complete the Administrative Record (Dkt. No. #347 ). The Motion is GRANTED and the Federal Defendants are DIRECTED to produce WITHIN FORTY-FIVE (45) DAYS all memos, emails and attachments containing factual information relied on or considered, directly or indirectly, including all emails, communications, memos or other information shared or received between agencies or with non-agency third-parties that were considered. The Motion is also GRANTED and the Federal Defendants are required to produce WITHIN FORTY-FIVE (45) DAYS a privilege log listing all documents withheld based on a claim of the deliberative process privilege. However, the documents in the Privilege Log WILL NOT, without further order, be considered part of the administrative record. The Motion is otherwise DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/3/2020.(sshe, )
September 19, 2019 Filing 351 REPLY to Response to Motion re #347 MOTION Plaintiff's Motion to Compel Federal Defendants to Complete the Administrative Record Response filed by Awendaw, Town of, Beaufort, City of, Bluffton, Town of, Briarcliffe Acres, Town of, Center for Biological Diversity, Charleston, City of, Defenders of Wildlife, Edisto Beach, Town of, Folly Beach, City of, Hilton Head Island, Town of, Isle of Palms, City of, James Island, Town of, Kiawah Island, Town of, Mount Pleasant, Town of, Natural Resources Defense Council Inc, North Carolina Coastal Federation, North Myrtle Beach, City of, Oceana, One Hundred Miles, Pawleys Island, Town of, Port Royal, Town of, Seabrook Island, Town of, Sierra Club, South Carolina Coastal Conservation League, South Carolina Small Business Chamber of Commerce, Surfrider Foundation. (Attachments: #1 Exhibit 1 Petitioners' Brief Defenders of Wildlife, #2 Exhibit 2 Government's Brief Defenders of Wildlife)(Wannamaker, Catherine)
September 12, 2019 Filing 350 RESPONSE in Opposition re #347 MOTION Plaintiff's Motion to Compel Federal Defendants to Complete the Administrative Record Response filed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross.Reply to Response to Motion due by 9/19/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 (05/29/2019 email from Plaintiffs' counsel), #2 Exhibit 2 (06/13/2019 letter to Plaintiffs' counsel), #3 Exhibit 3 (07/01/2019 letter to Plaintiffs' counsel), #4 Exhibit 4 (02/05/2019 Order in Defs. of Wildlife), #5 Exhibit 5 (10/20/2017 ENRD Memorandum), #6 Exhibit 6 (12/21/2012 NOAA Guidelines))(Finnegan, Alison)
September 9, 2019 Filing 349 TEXT ORDER As the Court has denied without prejudice Plaintiffs' motions for preliminary injunction, the Court DENIES AS MOOT Plaintiff's Motion to Strike (Dkt. No. #243 .) As with the motions for a preliminary injunction, Plaintiffs have leave to refile the motion to the extent relevant. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 9/9/2019.(sshe, )
August 26, 2019 Opinion or Order Filing 348 ORDER denying without prejudice with leave to refile #124 Motion for Preliminary Injunction; #143 Motion for Preliminary Injunction; #146 Motion for Preliminary Injunction; #148 Notice of Joinder re #124 Motion for Preliminary Injunction. Signed by Honorable Richard M Gergel on 08/26/2019.(cpeg, )
August 22, 2019 Filing 347 MOTION Plaintiff's Motion to Compel Federal Defendants to Complete the Administrative Record by Awendaw, Town of, Beaufort, City of, Bluffton, Town of, Briarcliffe Acres, Town of, Center for Biological Diversity, Charleston, City of, Defenders of Wildlife, Edisto Beach, Town of, Folly Beach, City of, Hilton Head Island, Town of, Isle of Palms, City of, James Island, Town of, Kiawah Island, Town of, Mount Pleasant, Town of, Natural Resources Defense Council Inc, North Carolina Coastal Federation, North Myrtle Beach, City of, Oceana, One Hundred Miles, Pawleys Island, Town of, Port Royal, Town of, Seabrook Island, Town of, Sierra Club, South Carolina Coastal Conservation League, South Carolina Small Business Chamber of Commerce, Surfrider Foundation. Response to Motion due by 9/5/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit In re Nielsen, 2d Cir., #2 Exhibit NMFS BOEM DPP 4581, #3 Exhibit NMFS BOEM DPP 2585, #4 Exhibit NMFS BOEM DPP 4846, #5 Exhibit NMFS BOEM DPP 2739, #6 Exhibit NMFS BOEM DPP 2847, #7 Exhibit NMFS BOEM DPP 4512, #8 Exhibit NMFS BOEM DPP 4551)No proposed order.(Wannamaker, Catherine)
August 1, 2019 Filing 346 NON-STANDARD ITEM RECEIVED: 2 thumb drives from National Marine Fisheries Service, Chris Oliver, Wilbur Ross re: #344 Notice to Lodge, to chambers. (sshe, )
July 31, 2019 Filing 345 Additional Attachments to Main Document #344 Notice to Lodge,. First attachment description: AR190462-190483 . (Attachments: #1 Exhibit AR190484-190581)(Finnegan, Alison)
July 31, 2019 Filing 344 NOTICE TO LODGE of Third Supplemental Administrative Record by National Marine Fisheries Service, Chris Oliver, Wilbur Ross (Attachments: #1 Exhibit A (Certification), #2 Exhibit B (Index, part 1), #3 Exhibit B (Index, part 2))(Finnegan, Alison) Modified on 8/1/2019 to reference #345 Additional Attachments filed 7/31/2019(sshe, ).
July 29, 2019 Filing 343 AMENDED SCHEDULING ORDER Plaintiffs and Plaintiff-Intervenors motions to complete or supplement the administrative record due no later than 8/22/2019, Federal Defendants response to motion(s) due no later than 3 weeks from filing of motion(s); Plaintiffs and Plaintiff-Intervenors motions for summary judgment due no later than 9/12/2019 (if no dispute over scope and content of administrative record); See Order for All further Details and Deadlines re summary judgment briefing, combined responses and cross-motions for summary judgment, combined replies and responses to cross-motions and other. Signed by Honorable Richard M Gergel on 7/26/2019. (sshe, )
July 22, 2019 Filing 342 NOTICE OF JOINDER re #341 Letter by Sean Houseal on behalf of American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC (Houseal, Sean)
July 22, 2019 Filing 341 Letter from Federal Defendants/Notice of Proposed Revised Deadlines and Scheduling Order. (Finnegan, Alison)
July 22, 2019 Filing 340 Letter from Environmental Plaintiffs. (Attachments: #1 Exhibit A 2019/07/19 Email from Alison Finnegan, #2 Exhibit B 2019/07/18 Email from Alison Finnegan, #3 Exhibit C Atlantic Seismic Proposed Scheduling Order, #4 Exhibit D 2019/07/19 Email from Jason Morgan, #5 Proposed Order Revised Scheduling Order)(Wannamaker, Catherine)
July 22, 2019 Filing 339 NOTICE TO LODGE of Additional Certification and Index by National Marine Fisheries Service, Chris Oliver, Wilbur Ross (Attachments: #1 Exhibit A (Certification), #2 Exhibit B (Index, part 1), #3 Exhibit B (Index, part 2))(Finnegan, Alison)
July 22, 2019 Opinion or Order Filing 337 ORDER GRANTING UNOPPOSED #336 MOTION TO WITHDRAW AS COUNSEL FOR FEDERAL DEFENDANTS National Marine Fisheries Service, Chris Oliver, and Wilbur Ross. Jonelle Dilley is hereby withdrawn as counsel for Federal Defendants. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 7/19/2019.(sshe, )
July 18, 2019 Filing 336 MOTION to Withdraw as Attorney by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. Response to Motion due by 8/1/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Dilley, Jonelle)
July 17, 2019 Filing 335 STATUS REPORT by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. (Finnegan, Alison)
July 12, 2019 Filing 334 RESPONSE in Opposition re #328 MOTION for Leave to File Response filed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross.Reply to Response to Motion due by 7/19/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Finnegan, Alison)
July 12, 2019 Filing 333 TEXT ORDER: The Environmental Plaintiff's move to suspend all deadlines and order the Federal Defendants' to provide additional information regarding supplementing the record. (Dkt. No. 325.) The motion is GRANTED IN PART and DENIED IN PART. The Environmental Plaintiffs argue suspension of all deadlines is necessary as the Federal Defendants provided voluminous additions to the record on July 2, 2019 and indicated that the Federal Defendants would provide additional documents that the Government did not consider to be part of the administrative record sometime within three weeks of July 2, 2019. However, as the Federal Defendants and Intervenor Defendants correctly note (Dkt. Nos. 330, 331), Plaintiff's concerns regarding the sufficiency of the record are not reason to suspend all deadlines, and instead are issues properly resolved by motions to complete the administrative record, as contemplated by the Court's scheduling orders. However, to proceed to motions on the sufficiency of the record at this point would likely result in piecemeal and unnecessarily extended briefing. While the Federal Defendants state that the additional documents with correspondence that they agreed to provide is not part of the administrative record, that issue likely will be raised in a motion to complete the record (Dkt. No. 332 at 3), and therefore the documents should be produced before the deadline so that any arguments regarding their inclusion may be dealt with at the same time. It is therefore necessary to provide sufficient time for the the Federal Defendants to provide the additional documents they have agreed to provide, require an additional certification at that time that the administrative record is complete according to the Federal Defendants, and provide sufficient time to file any motions to complete the administrative record. Notably, the Federal Defendants (though not the Intervenor-Defendants), indicated they do not oppose such an extension (Dkt. No. 331 at 4 - 5). Therefore, IT IS ORDERED that: 1) the current deadline for motions to supplement the administrative record is suspended; 2) within three (3) business days of the date of this Order, the Federal Defendants must inform the Court by what day they will provide the staff-level communications between NMFS and BOEM to the Environmental Plaintiffs; 3) by July 22, 2019, Federal Defendants are ordered to file an additional certification and index listing all documents the Federal Defendants state constitutes the complete administrative record, and; 4) by July 22, 2019, the Parties, either jointly or separately, must file a proposed new deadline for any motions to complete the administrative record, including whether any other deadlines in the case must be adjusted. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 7/12/2019.(ltap, )
July 11, 2019 Filing 332 REPLY to Response to Motion re #325 MOTION to Suspend All Deadlines Response filed by Center for Biological Diversity, Defenders of Wildlife, Natural Resources Defense Council Inc, North Carolina Coastal Federation, Oceana, One Hundred Miles, Sierra Club, South Carolina Coastal Conservation League, Surfrider Foundation. (Wannamaker, Catherine)
July 10, 2019 Filing 331 RESPONSE in Opposition re #325 MOTION to Suspend All Deadlines Response filed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross.Reply to Response to Motion due by 7/17/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 (05/29/2019 email from Plaintiffs' counsel), #2 Exhibit 2 (06/13/2019 letter to Plaintiffs' counsel), #3 Exhibit 3 (06/17/2019 email to Plaintiffs' counsel), #4 Exhibit 4 (07/01/2019 letter to Plaintiffs' counsel), #5 Exhibit 5 (07/02/2019 email from Plaintiffs' counsel), #6 Exhibit 6 (07/03/2019 email to Plaintiffs' counsel))(Finnegan, Alison)
July 10, 2019 Filing 330 RESPONSE in Opposition re #325 MOTION to Suspend All Deadlines Response filed by American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC.Reply to Response to Motion due by 7/17/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Houseal, Sean)
July 10, 2019 Filing 329 TEXT ORDER granting #328 Motion for Leave to File. AND IT IT SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 7/10/19.(ltap, )
July 9, 2019 Filing 328 MOTION for Leave to File by State of South Carolina ex rel Alan Wilson, Attorney General. Response to Motion due by 7/23/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit DHEC Objection to Contingency Certification)No proposed order.(Smith, James)
July 3, 2019 Filing 327 TEXT ORDER re #309 AMENDED SCHEDULING ORDER. In light of the response due of July 10, 2019 to #325 MOTION to Suspend All Deadlines per Text Order (Dkt. No. 326), Plaintiffs and Plaintiff-Intervenors time to file motions to complete or supplement the administrative record, if necessary, is extended to no later than July 15. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 7/3/2019. (sshe, )
July 3, 2019 Filing 326 TEXT ORDER re #325 MOTION to Suspend All Deadlines. The time to file a response to this motion is shortened to July 10, 2019. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 7/3/2019. (ltap, )
July 3, 2019 Filing 325 MOTION to Suspend All Deadlines by Center for Biological Diversity, Defenders of Wildlife, Natural Resources Defense Council Inc, North Carolina Coastal Federation, Oceana, One Hundred Miles, Sierra Club, South Carolina Coastal Conservation League, Surfrider Foundation. Response to Motion due by 7/17/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Federal Defendants Email of June 17, #2 Exhibit Federal Defendants Letter of July 1, #3 Proposed Order Proposed Order to Suspend all Deadlines)Proposed order is being emailed to chambers with copy to opposing counsel.(Wannamaker, Catherine)
July 2, 2019 Filing 324 Additional Attachments to Main Document #312 Notice to Lodge,. First attachment description: AR176749-176834 . (Finnegan, Alison)
July 2, 2019 Filing 323 Additional Attachments to Main Document #312 Notice to Lodge. First attachment description: AR189445-189905 . (Attachments: #1 Exhibit AR189906-190438, #2 Exhibit AR190439-190461)(Finnegan, Alison)
July 2, 2019 Filing 322 Additional Attachments to Main Document #312 Notice to Lodge. First attachment description: AR189021-189216 . (Attachments: #1 Exhibit AR189217-189247, #2 Exhibit AR189248-189273, #3 Exhibit AR189274-189304, #4 Exhibit AR189305-189444)(Finnegan, Alison)
July 2, 2019 Filing 321 Additional Attachments to Main Document #312 Notice to Lodge. First attachment description: AR186331-186826 . (Attachments: #1 Exhibit AR186827-187611, #2 Exhibit AR187612-188098, #3 Exhibit AR188099-188482, #4 Exhibit AR188483-189020)(Finnegan, Alison)
July 2, 2019 Filing 320 Additional Attachments to Main Document #312 Notice to Lodge. First attachment description: AR184061-184379 . (Attachments: #1 Exhibit AR184380-184896, #2 Exhibit AR184897-185377, #3 Exhibit AR185378-185892, #4 Exhibit AR185893-186330)(Finnegan, Alison)
July 2, 2019 Filing 319 Additional Attachments to Main Document #312 Notice to Lodge. First attachment description: AR182862-183043 . (Attachments: #1 Exhibit AR183044-183208, #2 Exhibit AR183209-183331, #3 Exhibit AR183332-183583, #4 Exhibit AR183584-184060)(Finnegan, Alison)
July 2, 2019 Filing 318 Additional Attachments to Main Document #312 Notice to Lodge. First attachment description: AR181097-181533 . (Attachments: #1 Exhibit AR181534-182124, #2 Exhibit AR182125-182548, #3 Exhibit AR182549-182815, #4 Exhibit AR182816-182861)(Finnegan, Alison)
July 2, 2019 Filing 317 Additional Attachments to Main Document #312 Notice to Lodge. First attachment description: AR179333-179437 . (Attachments: #1 Exhibit AR179438-179771, #2 Exhibit AR179772-180150, #3 Exhibit AR180151-180569, #4 Exhibit AR180570-181096)(Finnegan, Alison)
July 2, 2019 Filing 316 Additional Attachments to Main Document #312 Notice to Lodge. First attachment description: AR179046-179059 . (Attachments: #1 Exhibit AR179060-179078, #2 Exhibit AR179079-179092, #3 Exhibit AR179093-179124, #4 Exhibit AR179125-179332)(Finnegan, Alison)
July 2, 2019 Filing 315 Additional Attachments to Main Document #312 Notice to Lodge. First attachment description: AR178953-178967 . (Attachments: #1 Exhibit AR178968-179000, #2 Exhibit AR179001-179015, #3 Exhibit AR179016-179031, #4 Exhibit AR179032-179045)(Finnegan, Alison)
July 2, 2019 Filing 314 Additional Attachments to Main Document #312 Notice to Lodge. First attachment description: AR178377-178563 . (Attachments: #1 Exhibit AR178564-178588, #2 Exhibit AR178589-178635, #3 Exhibit AR178636-178936, #4 Exhibit AR178937-178952)(Finnegan, Alison)
July 2, 2019 Filing 313 Additional Attachments to Main Document #312 Notice to Lodge. First attachment description: AR176549-176748 . (Attachments: #1 Exhibit AR176835-177843, #2 Exhibit AR177844-178003, #3 Exhibit AR178004-178045, #4 Exhibit AR178046-178376)(Finnegan, Alison)
July 2, 2019 Filing 312 NOTICE TO LODGE of Second Supplemental Administrative Record by National Marine Fisheries Service, Chris Oliver, Wilbur Ross (Attachments: #1 Exhibit A (Certification), #2 Exhibit B (Index))(Finnegan, Alison) Modified on 7/2/2019 to reference #313 , #314 , #315 , #316 , #317 , #318 , #319 , #320 , #321 , #322 , #323 Additional Attachments filed 7/2/2019 (sshe, ). Modified on 7/3/2019 to reference #324 Additional Attachment filed 7/2/2019(sshe, ).
June 19, 2019 Filing 311 REPLY by State of South Carolina ex rel Alan Wilson, Attorney General to #305 Supplement . (Smith, James)
June 19, 2019 Filing 310 RESPONSE in Opposition re #308 MOTION for Extension of Time Response filed by American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC.Reply to Response to Motion due by 6/26/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Affidavit - Declaration of Ryan Steen, #2 Exhibit A - 04.18.19 email submission to Court with proposed schedule)(Houseal, Sean)
June 19, 2019 Filing 309 AMENDED SCHEDULING ORDER granting #308 Motion for Extension of Time. Plaintiffs and Plaintiff-Intervenors may file motions to complete or supplement the administrative record, if necessary, no later than July 10. Federal Defendants may file their response to such motion on or before July 31. Plaintiffs and Plaintiff-Intervenors may each file motions for summary judgment no later than August 9. Please See Order for All Additional Details and Deadlines re said motions, cross-motions, responses and replies. Signed by Honorable Richard M Gergel on 6/19/2019.(sshe, )
June 18, 2019 Filing 308 Joint MOTION for Extension of Time by Center for Biological Diversity, Natural Resources Defense Council Inc, North Carolina Coastal Federation, Oceana, One Hundred Miles, Sierra Club, South Carolina Coastal Conservation League, Surfrider Foundation. Response to Motion due by 7/2/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Environmental Plaintiffs Email to DOJ 5.29.19, #2 Exhibit B - DOJ Response 6.13.19, #3 Exhibit C - Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Wannamaker, Catherine) Modified to edit docket text as requested by filing user on 6/19/2019 (sshe, ).
June 18, 2019 Filing 307 TEXT ORDER granting #306 Motion for Leave to File. Entered at the direction of the Honorable Richard M Gergel on 6/18/2019.(ltap, )
June 18, 2019 Filing 306 MOTION for Leave to File Response to Federal Defendants' Submission of Parker decision by State of South Carolina ex rel Alan Wilson, Attorney General. Response to Motion due by 7/2/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support Response of State to Federal Defendants' Submission of Parker decision)No proposed order.(Smith, James)
June 13, 2019 Filing 305 SUPPLEMENT by National Marine Fisheries Service, Chris Oliver, Wilbur Ross to #290 Response in Support of Motion (Notice of Supplemental Authority). (Attachments: #1 Exhibit A (Parker Drilling v. Newton))(Finnegan, Alison)
June 3, 2019 Opinion or Order Filing 303 ORDER granting #301 Motion to Withdraw as Attorney. William Harkins is hereby withdrawn as counsel for the State of North Carolina. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/3/2019.(sshe, )
May 31, 2019 Filing 302 CERTIFICATE of Counsel re #301 MOTION to Withdraw as Attorney by William Jefferson Leath, Jr on behalf of North Carolina, State of (Leath, William)
May 30, 2019 Filing 301 MOTION to Withdraw as Attorney by North Carolina, State of. Response to Motion due by 6/13/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Harkins, William)
May 30, 2019 Filing 300 NOTICE of Appearance by Benjamin David Cunningham on behalf of Awendaw, Town of, Beaufort, City of, Bluffton, Town of, Briarcliffe Acres, Town of, Charleston, City of, Edisto Beach, Town of, Folly Beach, City of, Hilton Head Island, Town of, Isle of Palms, City of, James Island, Town of, Kiawah Island, Town of, Mount Pleasant, Town of, North Myrtle Beach, City of, Pawleys Island, Town of, Port Royal, Town of, Seabrook Island, Town of, South Carolina Small Business Chamber of Commerce (Cunningham, Benjamin)
May 24, 2019 Filing 299 NOTICE OF JOINDER re #298 Reply by Sean Houseal on behalf of American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC (Houseal, Sean)
May 24, 2019 Filing 298 REPLY by National Marine Fisheries Service, Chris Oliver to Notice of Supplemental Authority (ECF 294). (Piropato, Marissa)
May 22, 2019 Opinion or Order Filing 296 ORDER granting #295 Motion for G. Grady Richardson, Jr. to Appear Pro Hac Vice for Caswell Beach, Town of, Oak Island, Town of, Sunset Beach, Town of. Signed by Honorable Richard M Gergel on 5/21/2019.(sshe, )
May 21, 2019 Filing 295 MOTION to Appear Pro Hac Vice by G. Grady Richardson, Jr. ( Filing fee $ 250 receipt number 0420-8457089) by Caswell Beach, Town of, Oak Island, Town of, Sunset Beach, Town of. Response to Motion due by 6/4/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Allen, Christy)
May 21, 2019 Filing 294 RESPONSE in Opposition Supplemental re #259 MOTION to Dismiss Claims Unique to the State of South Carolina's Complaint-in-Intervention Response filed by State of South Carolina ex rel Alan Wilson, Attorney General.Reply to Response to Motion due by 5/28/2019 (per Dkt. No. 293 Text Order) (sshe, )
May 21, 2019 Filing 293 TEXT ORDER The State of South Carolina's Motion to file a Supplemental Response (Dkt. No. #292 ) is GRANTED and the Clerk is directed to file the Memo in Support (Dkt. No. 292-1) as South Carolina's Supplemental Response to the Federal Defendants' Motion to Dismiss (Dkt. No. 259). Any Reply to South Carolina's Supplemental Response is due by Tuesday, May 28, 2019. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 5/21/2019.(sshe, )
May 20, 2019 Filing 292 MOTION for Leave to File Supplemental Authority for Opposition to Motion to Dismiss by State of South Carolina ex rel Alan Wilson, Attorney General. Response to Motion due by 6/3/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support Supplemental Authority, #2 Exhibit Casa de Maryland v. US Dept. of Homeland Security)No proposed order.(Smith, James)
May 17, 2019 Filing 291 NOTICE OF JOINDER re #290 Response in Support of Motion (Partial) to Dismiss Plaintiff-Intervenor South Carolina's Complaint-in-Intervention by Sean Houseal on behalf of American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC (Houseal, Sean)
May 17, 2019 Filing 290 RESPONSE in Support re #259 MOTION to Dismiss Claims Unique to the State of South Carolina's Complaint-in-Intervention Response filed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. (Piropato, Marissa) Modified on 6/14/2019 to reference #305 SUPPLEMENT filed 6/13/2019(sshe, ).
May 17, 2019 Filing 289 REPLY by Commonwealth of Massachusetts, Commonwealth of Virginia, Connecticut, State of, Delaware, State of, Maine, State of, Maryland, State of, New Jersey, State of, New York, State of, North Carolina, State of to #281 Status Report . (Leath, William)
May 17, 2019 Filing 288 RESPONSE in Opposition re #143 MOTION for Preliminary Injunction , #124 MOTION for Preliminary Injunction AMENDED Response filed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross.Reply to Response to Motion due by 5/24/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Corrected Declaration of Ben Laws)(Dilley, Jonelle)
May 17, 2019 Filing 287 TEXT ORDER: Pursuant to the Government's Notice of Correction (Dkt. No. 248), the Court GRANTS the Federal Defendants' request to re-file a corrected opposition brief and corrected declaration of Benjamin Laws, and are permitted to refile those documents (Dkts. Nos. 248-3; 248-5) as amended responses in opposition. Further, the Court notes that the Federal Defendants filed a Notice of Filing Supplemental Administrative Record. (Dkt. No. 261.) Given the voluminous nature of the filing, the Parties, in future filings, shall attach as exhibits any documents referenced from the Supplemental Administrative Record.Entered at the direction of the Honorable Richard M Gergel on 5/17/2019. (ltap, )
May 17, 2019 Filing 286 REPLY by Awendaw, Town of, Beaufort, City of, Bluffton, Town of, Briarcliffe Acres, Town of, Charleston, City of, Edisto Beach, Town of, Folly Beach, City of, Hilton Head Island, Town of, Isle of Palms, City of, James Island, Town of, Kiawah Island, Town of, North Myrtle Beach, City of, Pawleys Island, Town of, Port Royal, Town of, Seabrook Island, Town of, South Carolina Small Business Chamber of Commerce to #281 Status Report . (Lenhardt, Leslie)
May 17, 2019 Opinion or Order Filing 285 SCHEDULING ORDER: Motions to complete or supplement the administrative record by 6/19/2019. Federal Defendants' response to such motion on or before July 10. Plaintiffs and Plaintiff-Intervenors may file motions for summary judgment no later than 7/19/2019. Other deadlines set forth in Order. Signed by Honorable Richard M Gergel on 5/17/2019. (vdru, )
May 15, 2019 Filing 284 REPLY by Center for Biological Diversity, Defenders of Wildlife, Natural Resources Defense Council Inc, North Carolina Coastal Federation, Oceana, One Hundred Miles, Sierra Club, South Carolina Coastal Conservation League, Surfrider Foundation to #281 Status Report . (Wannamaker, Catherine)
May 15, 2019 Filing 283 NOTICE TO LODGE of Re: Supplemental Administrative Record (ECF 261) by National Marine Fisheries Service, Chris Oliver, Wilbur Ross (Attachments: #1 Exhibit A - Deduplication Spreadsheet)(Dilley, Jonelle)
May 13, 2019 Filing 282 REPLY by State of South Carolina ex rel Alan Wilson, Attorney General to #281 Status Report . (Attachments: #1 Exhibit Post and Courier Article: Offshore SC Oil & Gas Search Put on Hold as Trump Adm. Waits on Court Ruling, #2 Exhibit BOEM Announces 5 yr. Moratorium on Leasing and Seismic Testing 1.6.17, #3 Exhibit BOEM Director Abigail Ross Hopper's Memorandum 1.5.17)(Smith, James)
May 9, 2019 Filing 281 STATUS REPORT by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. (Attachments: #1 Exhibit A (Cruickshank Declaration))(Finnegan, Alison)
May 9, 2019 Filing 280 TEXT ORDER granting #279 Motion for Extension of Time until May 17, 2019 to File reply brief in support of partial motion to dismiss (Dkt. No. 259). AND IT IS SO ORDERED. Entered at direction of the Honorable Richard M Gergel on 5/9/2019.(ltap, )
May 9, 2019 Filing 279 MOTION for Extension of Time to File Response/Reply Unopposed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. Response to Motion due by 5/23/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Piropato, Marissa)
May 6, 2019 Filing 278 RESPONSE in Opposition re #259 MOTION to Dismiss Claims Unique to the State of South Carolina's Complaint-in-Intervention and Joinder of Intervenor-Defendants Response filed by State of South Carolina ex rel Alan Wilson, Attorney General.Reply to Response to Motion due by 5/13/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit BOEM Statement On NOAA Rule, #2 Exhibit NOAA Takes of Marine Mammals, etc., #3 Exhibit Deparment of Interior's Secretarial Order 3350, #4 Exhibit Interior Dept. Advances Offshore Energy Strategy, #5 Exhibit BOEM Director's Memorandum, #6 Exhibit BOEM Announces 5 Yr. Moratorium on Leasing and Seismic Testing, #7 Exhibit NOAA's Press Release: Comments Sought On Proposals for... Survey Interaction With Marine Mammals, #8 Exhibit Myrtle Beach Online: Here's How Many Bombs And Chemical Weapons the Military Dumped Off the SC Coast)(Smith, James)
May 6, 2019 Filing 277 TEXT ORDER granting #267 Motion for Extension of Time to File Response. Response to Motion due by 5/16/2019. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 5/6/2019.(ltap, )
May 3, 2019 Filing 276 RESPONSE to Motion re #267 MOTION for Extension of Time to File Response/Reply as to #264 Notice of Joinder, #259 MOTION to Dismiss Claims Unique to the State of South Carolina's Complaint-in-Intervention (Intervenor-Defendants Consent to Motion) Response filed by American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC.Reply to Response to Motion due by 5/13/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Houseal, Sean)
May 2, 2019 Filing 275 RESPONSE to Motion re #267 MOTION for Extension of Time to File Response/Reply as to #264 Notice of Joinder, #259 MOTION to Dismiss Claims Unique to the State of South Carolina's Complaint-in-Intervention Response filed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross.Reply to Response to Motion due by 5/9/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Piropato, Marissa)
May 2, 2019 Filing 274 RESPONSE to Motion re #267 MOTION for Extension of Time to File Response/Reply as to #264 Notice of Joinder, #259 MOTION to Dismiss Claims Unique to the State of South Carolina's Complaint-in-Intervention Response filed by Commonwealth of Massachusetts, Commonwealth of Virginia, Connecticut, State of, Delaware, State of, Maine, State of, Maryland, State of, New Jersey, State of, New York, State of, North Carolina, State of.Reply to Response to Motion due by 5/9/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Leath, William)
May 2, 2019 Filing 273 TEXT ORDER re #267 MOTION for Extension of Time to File Response/Reply as to #264 Notice of Joinder, #259 MOTION to Dismiss. Defendants/Defendant-Intervenors must respond by Friday, May 3rd, as to whether they oppose, consent, or take no position on South Carolina's Motion (Dkt. 267). AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 5/2/2019. (ltap, )
May 2, 2019 Filing 272 RESPONSE to Motion re #267 MOTION for Extension of Time to File Response/Reply as to #264 Notice of Joinder, #259 MOTION to Dismiss Claims Unique to the State of South Carolina's Complaint-in-Intervention Response filed by Center for Biological Diversity, Defenders of Wildlife, Natural Resources Defense Council Inc, North Carolina Coastal Federation, Oceana, One Hundred Miles, Sierra Club, South Carolina Coastal Conservation League, Surfrider Foundation.Reply to Response to Motion due by 5/9/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Wannamaker, Catherine)
May 2, 2019 Filing 271 DELETION OF DOCKET ENTRY NUMBER 269 Reason: Attorney refiled with correct login Corrected Filing Document Number #270 Filing date is that of original filing: 05/02/2019 Response due date is that of original filing: 05/09/2019 (cpeg, )
May 2, 2019 Filing 270 RESPONSE to Motion re #267 MOTION for Extension of Time to File Response/Reply as to #264 Notice of Joinder, #259 MOTION to Dismiss Claims Unique to the State of South Carolina's Complaint-in-Intervention Response filed by Awendaw, Town of, Beaufort, City of, Bluffton, Town of, Charleston, City of, Edisto Beach, Town of, Folly Beach, City of, Hilton Head Island, Town of, Isle of Palms, City of, James Island, Town of, Kiawah Island, Town of, Mount Pleasant, Town of, Pawleys Island, Town of, Port Royal, Town of, Seabrook Island, Town of.Reply to Response to Motion due by 5/9/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Lenhardt, Leslie)
May 2, 2019 Filing 268 TEXT ORDER re #267 MOTION for Extension of Time to File Response/Reply as to #264 Notice of Joinder, #259 MOTION to Dismiss. Plaintiffs/Plaintiff-Intervenors must respond by Friday, May 3rd, as to whether they oppose, consent, or take no position on South Carolina's Motion (Dkt. 267). AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 5/2/2019. (ltap, )
May 1, 2019 Filing 267 MOTION for Extension of Time to File Response/Reply as to #264 Notice of Joinder, #259 MOTION to Dismiss Claims Unique to the State of South Carolina's Complaint-in-Intervention by State of South Carolina ex rel Alan Wilson, Attorney General. Response to Motion due by 5/15/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Smith, James)
April 29, 2019 Opinion or Order Filing 266 TEXT ORDER: A recently reported announcement by Secretary of the Interior David Bernhardt indicates that the Interior Department may wait until the resolution of any potential appeal from an Order issued by Judge Gleason of the District of Alaska on March 29, 2019 in League of Conservation Voters et al. v. Trump et al., Case No. 3:17-cv-00101-SLG prior to making any decision on authorizing offshore activities. In light of this announcement, the Federal Defendants are DIRECTED to file a Status Report with the Court within TEN (10) DAYS of this Order informing the Court what impact, if any, Secretary Bernhardt's announcement has on this case, including on the pending permit requests before the Bureau of Ocean Energy Management and the already issued Incidental Harassment Authorizations. Plaintiffs may file a Response to the Status Report within TEN (10) DAYS of the Government's filing. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 4/29/2019. (ltap, )
April 29, 2019 Filing 265 ANSWER to #138 Intervenor Complaint, by National Marine Fisheries Service, Chris Oliver, Wilbur Ross.(Finnegan, Alison)
April 26, 2019 Filing 264 NOTICE OF JOINDER by Sean Houseal on behalf of American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, TGS-NOPEC Geophysical Company, WesternGeco LLC (Houseal, Sean)
April 25, 2019 Filing 263 REPLY by National Marine Fisheries Service, Chris Oliver, Wilbur Ross to Brief of Amici Curiae In Support of Plaintiffs' Motion for a Preliminary Injunction. (Dilley, Jonelle)
April 25, 2019 Filing 262 NON-STANDARD ITEM RECEIVED: 2 thumb drives from National Marine Fisheries Service, Chris Oliver, Wilbur Ross re: #261 Notice to Lodge, to chambers. (sshe, )
April 24, 2019 Filing 261 NOTICE TO LODGE of Supplemental Administrative Record by National Marine Fisheries Service, Chris Oliver, Wilbur Ross (Attachments: #1 Affidavit, #2 Supplemental AR Index, #3 Public Comments Index Part 1, #4 Public Comments Index Part 2)(Dilley, Jonelle) Modified on 5/16/2019 to reference #283 NOTICE TO LODGE Supplement filed 5/15/2019(sshe, ).
April 23, 2019 Filing 260 Amicus Curiae APPEARANCE entered by Christy Ford Allen on behalf of Caswell Beach, Town of, Oak Island, Town of, Sunset Beach, Town of. (Allen, Christy)
April 22, 2019 Filing 259 MOTION to Dismiss Claims Unique to the State of South Carolina's Complaint-in-Intervention by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. Response to Motion due by 5/6/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Piropato, Marissa)
April 22, 2019 Opinion or Order Filing 258 ORDER granting #251 Motion for Leave to File: The North Carolina Towns are Directed to file their amicus brief (ECF # 251-1) within Five (5) days of this Order. Signed by Honorable Richard M Gergel on 4/18/2019.(vdru, )
April 18, 2019 Filing 257 REPLY to Response to Motion re #243 MOTION to Strike #221 Response in Opposition to Motion,,, Response filed by Awendaw, Town of, Beaufort, City of, Bluffton, Town of, Briarcliffe Acres, Town of, Charleston, City of, Edisto Beach, Town of, Folly Beach, City of, Hilton Head Island, Town of, Isle of Palms, City of, James Island, Town of, Kiawah Island, Town of, Mount Pleasant, Town of, North Myrtle Beach, City of, Pawleys Island, Town of, Port Royal, Town of, Seabrook Island, Town of, South Carolina Small Business Chamber of Commerce. (Armstrong, Amy)
April 16, 2019 Filing 256 RESPONSE in Opposition re #251 MOTION for Leave to File amicus brief Response filed by American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC.Reply to Response to Motion due by 4/23/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Houseal, Sean)
April 16, 2019 Filing 255 RESPONSE to Motion re #251 MOTION for Leave to File Notice/ Response filed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross.Reply to Response to Motion due by 4/23/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Finnegan, Alison)
April 11, 2019 Filing 254 RESPONSE in Opposition re #243 MOTION to Strike #221 Response in Opposition to Motion,,, Response filed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross.Reply to Response to Motion due by 4/18/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Dilley, Jonelle)
April 11, 2019 Filing 253 ANSWER to #1 Complaint, by National Marine Fisheries Service, Chris Oliver, Wilbur Ross.(Finnegan, Alison)
April 9, 2019 Filing 252 TEXT ORDER re #251 MOTION for Leave to File Amici Curiae Brief filed by Sunset Beach, Town of, Oak Island, Town of, Caswell Beach, Town of. The time to file a response to this motion is shortened to April 16, 2019. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 4/9/2019.(ltap) Refiled by clerk to correct link re Dkt. No. for MOTION. (sshe, )
April 8, 2019 Filing 251 MOTION for Leave to File Amici Curiae Brief by Caswell Beach, Town of, Oak Island, Town of, Sunset Beach, Town of. Response to Motion due by 4/22/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A- Proposed Amici Curiae Brief)No proposed order.(Allen, Christy)Clerk refiled documents correctly(not spread to Closed case).(sshe, )
April 8, 2019 Filing 250 NOTICE of Appearance by Christy Ford Allen on behalf of Caswell Beach, Town of, Oak Island, Town of, Sunset Beach, Town of(Allen, Christy) Clerk refiled document correctly(not spread to Closed case). (sshe, )
April 5, 2019 Filing 249 ANSWER to #68 Complaint,, by National Marine Fisheries Service, Chris Oliver, Wilbur Ross.(Finnegan, Alison)
April 3, 2019 Filing 248 REPLY by National Marine Fisheries Service, Chris Oliver, Wilbur Ross Notice of Correction of Brief in Opposition to Plaintiffs' Motions for Preliminary Injunction (ECF 124 and 143) and the Joinder Filed by the State of Maryland, et al. (ECF 148). (Attachments: #1 Exhibit A (Decl. of Laws Re: Correction), #2 Exhibit B (Corrected Brief-Redline), #3 Exhibit C (Corrected Brief), #4 Exhibit D (Corrected Decl. of Laws - Redline), #5 Exhibit E (Corrected Decl. of Laws))(Dilley, Jonelle)
April 3, 2019 Filing 247 REPLY to Response to Motion re #146 MOTION for Preliminary Injunction Response filed by State of South Carolina ex rel Alan Wilson, Attorney General. (Attachments: #1 Exhibit Chas. Post and Courier article: Right Whales, #2 Exhibit Order of League of Conservation Voters v. Trump, #3 Exhibit Dept. of Interior's Press Release, #4 Exhibit BOEM Press Release on NOAA role, #5 Exhibit Santa Cruz Sentinel - Trump's Oil Drilling Exec. Order, #6 Exhibit NOAA's Prelease Comments Sought on Proposals for Atlantic Geophysical Survey Interaction, #7 Exhibit SC Gov. McMaster's Letter to Interior Secretary Zinke, #8 Exhibit Declaration of Edisto Beach Mayor Darby, #9 Exhibit Nature Ecology & Evolution article (Zooplankton))(Smith, James)
April 3, 2019 Opinion or Order Filing 245 ORDER granting #244 Motion for Gabriel J. Daly to Appear Pro Hac Vice for Natural Resources Defense Council Inc. Signed by Honorable Richard M Gergel on 4/2/2019.(sshe, )
April 2, 2019 Filing 244 MOTION to Appear Pro Hac Vice by Gabriel J. Daly ( Filing fee $ 250 receipt number 0420-8361326) by Natural Resources Defense Council Inc. Response to Motion due by 4/16/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application, #2 Exhibit Certificate of Good Standing, #3 Proposed Order PHV Daly)Proposed order is being emailed to chambers with copy to opposing counsel.(Wannamaker, Catherine)
March 28, 2019 Filing 243 MOTION to Strike #221 Response in Opposition to Motion,,, by Awendaw, Town of, Beaufort, City of, Bluffton, Town of, Briarcliffe Acres, Town of, Charleston, City of, Edisto Beach, Town of, Folly Beach, City of, Hilton Head Island, Town of, Isle of Palms, City of, James Island, Town of, Kiawah Island, Town of, Mount Pleasant, Town of, North Myrtle Beach, City of, Pawleys Island, Town of, Port Royal, Town of, Seabrook Island, Town of, South Carolina Small Business Chamber of Commerce. Response to Motion due by 4/11/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Armstrong, Amy)
March 27, 2019 Filing 242 STIPULATION of all parties regarding Rule 26(a)(1) Disclosures by Center for Biological Diversity, Defenders of Wildlife, Natural Resources Defense Council Inc, North Carolina Coastal Federation, Oceana, One Hundred Miles, Sierra Club, South Carolina Coastal Conservation League, Surfrider Foundation. (Wannamaker, Catherine)
March 27, 2019 Filing 241 REPLY to Response to Motion re #143 MOTION for Preliminary Injunction Response filed by Awendaw, Town of, Beaufort, City of, Bluffton, Town of, Briarcliffe Acres, Town of, Charleston, City of, Edisto Beach, Town of, Folly Beach, City of, Hilton Head Island, Town of, Isle of Palms, City of, James Island, Town of, Kiawah Island, Town of, Mount Pleasant, Town of, North Myrtle Beach, City of, Pawleys Island, Town of, Port Royal, Town of, Seabrook Island, Town of, South Carolina Small Business Chamber of Commerce. (Attachments: #1 Exhibit A Barton Declaration, #2 Exhibit B Barton Comment Letter, #3 Exhibit C Reuters Article)(Armstrong, Amy)
March 27, 2019 Filing 240 Rule 26 Outline of Discovery Plan by State of South Carolina ex rel Alan Wilson, Attorney General.(Smith, James)
March 27, 2019 Filing 239 Rule 26(f) Report by American Petroleum Institute, Awendaw, Town of, Beaufort, City of, Bluffton, Town of, Briarcliffe Acres, Town of, CGG Services (U.S.) Inc., Center for Biological Diversity, Charleston, City of, Commonwealth of Massachusetts, Commonwealth of Virginia, Connecticut, State of, Defenders of Wildlife, Delaware, State of, Edisto Beach, Town of, Folly Beach, City of, GX Technology Corporation, Hilton Head Island, Town of, International Association of Geophysical Contractors, Isle of Palms, City of, James Island, Town of, Kiawah Island, Town of, Maine, State of, Maryland, State of, Mount Pleasant, Town of, Natural Resources Defense Council Inc, New Jersey, State of, New York, State of, North Carolina Coastal Federation, North Carolina, State of, North Myrtle Beach, City of, Oceana, One Hundred Miles, Pawleys Island, Town of, Port Royal, Town of, Seabrook Island, Town of, Sierra Club, South Carolina Coastal Conservation League, South Carolina Small Business Chamber of Commerce, Spectrum Geo Inc., State of South Carolina ex rel Alan Wilson, Attorney General, Surfrider Foundation, TGS-NOPEC Geophysical Company, WesternGeco LLC.(Wannamaker, Catherine)
March 26, 2019 Filing 238 NOTICE of Request for Protection from Court Appearance by Alison C Finnegan for April 22, 24 and 26, 2019 and by Marissa A. Piropato for April 3-5, 2019 (Attachments: #1 Proposed Order)(Finnegan, Alison)
March 26, 2019 Filing 237 REPLY to Response to Motion re #124 MOTION for Preliminary Injunction , #148 NOTICE OF JOINDER Response filed by Commonwealth of Massachusetts, Commonwealth of Virginia, Connecticut, State of, Delaware, State of, Maine, State of, Maryland, State of, New Jersey, State of, New York, State of, North Carolina, State of. (Attachments: #1 Supporting Documents Segal Declaration, #2 Exhibit 1 - U.S. Energy Information Administration Printout, #3 Exhibit 2 - BOEM, 2017)(Leath, William) Modified on 3/26/2019 to edit to link correct event(s) to associated event as requested by filing user(sshe, ).
March 26, 2019 Filing 236 TEXT ORDER granting #235 Motion for Leave to File Excess Pages. The Court grants Plaintiff-Intervenor the right to file a consolidated reply brief of up to 30 pages. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 3/26/2019.(sshe, )
March 25, 2019 Filing 235 MOTION for Leave to File Excess Pages by State of South Carolina ex rel Alan Wilson, Attorney General. Response to Motion due by 4/8/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Smith, James)
March 25, 2019 Filing 234 Additional Attachments to Main Document #152 Notice to Lodge,,. First attachment description: Notice of Filing 19 Additional Attachments . (Attachments: #1 Baird2015, #2 Barkaszi-2012, #3 Bartol-2006, #4 BOEM EIS 2017-051_v1, #5 BOEM EIS 2017-051_v3, #6 BOEM-2017-051-v4, #7 Clark-2009, #8 DeRuiter-2012, #9 Engas1996, #10 Hazel-2007, #11 Hildebrand-2009, #12 Hooker1999, #13 IPCC-2014, #14 Malme1985_Part1.pdf, #15 Malme1985_Part2, #16 Muto 1997, #17 Nabi-2018, #18 New-2014, #19 NMFS-2009, #20 Witherington-2012)(Dilley, Jonelle)
March 25, 2019 Filing 233 REPLY to Response to Motion re #124 MOTION for Preliminary Injunction Response filed by Center for Biological Diversity, Defenders of Wildlife, Natural Resources Defense Council Inc, North Carolina Coastal Federation, Oceana, One Hundred Miles, Sierra Club, South Carolina Coastal Conservation League, Surfrider Foundation. (Attachments: #1 Supporting Documents Supplemental Declaration of Scott D. Kraus, #2 Supporting Documents Supplemental Declaration of Douglas P. Nowacek, #3 Supporting Documents Supplemental Declaration of Andrew J. Read, #4 Supporting Documents Supplemental Declaration of Aaron Rice, #5 Supporting Documents Supplemental Declaration of Peter L. Tyack, #6 Supporting Documents Supplemental Declaration of Mitchell S. Bernard, #7 Exhibit Exhibit 1 - Wood et al. (2012), #8 Exhibit Exhibit 2 - Arctic DEIS 2013 Excerpts, #9 Exhibit Exhibit 3 - Navy Atlantic Biological Opinion Excerpt, #10 Exhibit Exhibit 4 - Guardian Article, #11 Exhibit Exhibit 5 -Wood Memo)(Wannamaker, Catherine)
March 22, 2019 Filing 232 RESPONSE in Opposition re #146 MOTION for Preliminary Injunction Response filed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross.Reply to Response to Motion due by 3/29/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Piropato, Marissa)
March 22, 2019 Filing 231 RESPONSE in Opposition re #146 MOTION for Preliminary Injunction Response filed by American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC.Reply to Response to Motion due by 3/29/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Houseal, Sean)
March 20, 2019 Filing 230 ANSWER to #138 Intervenor Complaint, by American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC.(Houseal, Sean)
March 20, 2019 Filing 229 TEXT ORDER granting #226 Motion for Extension of Time to File Response/Reply. Plaintiffs, City of Beaufort et al have through March 27, 2019 to file a consolidated reply brief of up to 30 pages. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/20/2019.(ltap, )
March 19, 2019 Filing 228 Additional Attachments to Main Document #227 Reply,. First attachment description: Second Declaration of Ryan P. Steen . (Attachments: #1 Exhibit A - letter from North Carolina Division of Coastal Management dated June 16, 2015, #2 Exhibit B - letter from Maryland Federal Consistency Coordinator dated June 29, 2015, #3 Exhibit C - letter from Delaware Coastal Management Program dated July 17, 2015, #4 Exhibit D - letter from North Carolina Division of Coastal Management dated April 23, 2015, #5 Exhibit E - letter from Maryland Federal Consistency Coordinator dated May 11, 2015, #6 Exhibit F - letter from Coastal Zone Consistency Section dated May 16, 2015, #7 Exhibit G - letter from Delaware Coastal Management Program dated May 19, 2015, #8 Exhibit H - letter from North Carolina Division of Coastal Management dated May 22, 2015, #9 Exhibit I - letter from Coastal Zine Consistency Section dated May 22, 2015, #10 Exhibit J - letter from Coastal Zone Consistency Section dated May 1, 2015, #11 Exhibit K - letter from NOAA Office for Coastal Management dated November 18, 2014)(Houseal, Sean)
March 19, 2019 Filing 227 REPLY by American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC to #148 Notice of Joinder,,, . (Houseal, Sean) Modified on 3/20/2019 to reference #228 Additional Attachments filed 3/19/2019(sshe, ).
March 18, 2019 Filing 226 MOTION for Extension of Time to File Response/Reply and to file consolidated reply to ECF 221 and ECF 223 by Awendaw, Town of, Beaufort, City of, Bluffton, Town of, Briarcliffe Acres, Town of, Charleston, City of, Edisto Beach, Town of, Folly Beach, City of, Hilton Head Island, Town of, Isle of Palms, City of, James Island, Town of, Kiawah Island, Town of, Mount Pleasant, Town of, North Myrtle Beach, City of, Pawleys Island, Town of, Port Royal, Town of, Seabrook Island, Town of, South Carolina Small Business Chamber of Commerce. Response to Motion due by 4/1/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Armstrong, Amy)
March 18, 2019 Filing 225 TEXT ORDER granting #224 Motion for Leave to File. Plaintiffs South Carolina Coastal Conservation League et al. may file a single, consolidated reply brief of up to thirty (30) double spaced pages. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/18/2019.(ltap, )
March 18, 2019 Filing 224 MOTION for Leave to File a Consolidated Reply Brief by Center for Biological Diversity, Defenders of Wildlife, Natural Resources Defense Council Inc, North Carolina Coastal Federation, Oceana, One Hundred Miles, Sierra Club, South Carolina Coastal Conservation League, Surfrider Foundation. Response to Motion due by 4/1/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Wannamaker, Catherine)
March 14, 2019 Filing 223 RESPONSE in Opposition re #143 MOTION for Preliminary Injunction Response filed by American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC.Reply to Response to Motion due by 3/21/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Houseal, Sean)
March 14, 2019 Filing 222 ANSWER to #126 Intervenor Complaint by American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC.(Houseal, Sean)
March 13, 2019 Filing 221 RESPONSE in Opposition re #143 MOTION for Preliminary Injunction , #124 MOTION for Preliminary Injunction and the Joinder Filed by the State of Maryland et al. (ECF #148 ) Response filed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross.Reply to Response to Motion due by 3/20/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 (Declaration of J. Harrison), #2 Exhibit 2 (Declaration of B. Laws), #3 Exhibit 3 (Declaration of D. Meadows), #4 Exhibit 4 (Declaration of E. Patterson), #5 Exhibit 5 (Excerpts of Atlantic Fleet Training & Testing Biological Opinion), #6 Exhibit 6 (Ltr from S.C. Small Business Chamber to BOEM, NMFS))(Finnegan, Alison) Modified on 3/14/2019 to create link to associated event as requested by filing user(sshe, ).
March 13, 2019 Filing 220 Additional Attachments to Main Document #212 Response in Opposition to Motion,. First attachment description: Declaration of Joseph R. Gagliardi . (Houseal, Sean)
March 13, 2019 Filing 219 Additional Attachments to Main Document #212 Response in Opposition to Motion,. First attachment description: Declaration of Peter Seidel . (Houseal, Sean)
March 13, 2019 Filing 218 Additional Attachments to Main Document #212 Response in Opposition to Motion,. First attachment description: Declaration of Michael A. Whitehead . (Houseal, Sean)
March 13, 2019 Filing 217 Additional Attachments to Main Document #212 Response in Opposition to Motion,. First attachment description: Declaration of Gary Stuart Poole . (Houseal, Sean)
March 13, 2019 Filing 216 Additional Attachments to Main Document #212 Response in Opposition to Motion,. First attachment description: Declaration of Richmond Miller . (Houseal, Sean)
March 13, 2019 Filing 215 Additional Attachments to Main Document #212 Response in Opposition to Motion,. First attachment description: Declaration of Nikki C. Martin . (Houseal, Sean)
March 13, 2019 Filing 214 Additional Attachments to Main Document #212 Response in Opposition to Motion,. First attachment description: Expert Declaration of Dr. Robert C. Gisiner . (Houseal, Sean)
March 13, 2019 Filing 213 Additional Attachments to Main Document #212 Response in Opposition to Motion,. First attachment description: Declaration of Ryan P. Steen . (Attachments: #1 Exhibit A - Environmental Assessment prepared by NMFS dated November 2018, #2 Exhibit B - Incidental Harassment Authorization issued to CGG by NMFS on November 30, 2018, #3 Exhibit C - Incidental Harassment Authorization issued to ION Geo Ventures by NMFS on November 30, 2018, #4 Exhibit D - Incidental Harassment Authorization issued to Spectrum Geo Inc. by NMFS on November 30, 2018, #5 Exhibit E - Incidental Harassment Authorization issued to TGS-NOPEC Geophysical Company by NMFS on November 30, 2018, #6 Exhibit F - Incidental Harassment Authorization issued to WesternGeco by NMFS on November 30, 2018, #7 Exhibit G - NMFS Endangered Species Act Section 7..., dated October 21, 2006, #8 Exhibit H - US Dept.of Commerce NOAA's Environmental Assessment for Issuance of a Permit..., dated March 2011, #9 Exhibit I - NMFS Endangered Species Act Section 7..., dated July 1, 2010, #10 Exhibit J - excerpts from NMFS Endangered Species Act Section 7..., dated November 28, 2018, #11 Exhibit K - NMFS Finding of No Significant Impact..., dated November 29, 2018, #12 Exhibit L - excerpts from Vol. I: Chapters 1-8, Figures, Tables, and Keyword Index of the Atlantic OCS Proposed Geological..., #13 Exhibit M - Declaration of Peter L. Tyack, #14 Exhibit N - Declaration of Peter L. Tyack, #15 Exhibit O - Record of Decision on the Final PEIS, dated July 11, 2014, #16 Exhibit P - Memorandum from President Obama, issued December 20, 2016, #17 Exhibit Q - Protected Species Mitigation and Monitoring Report, submitted 2018)(Houseal, Sean)
March 13, 2019 Filing 212 RESPONSE in Opposition re #124 MOTION for Preliminary Injunction Response filed by American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC.Reply to Response to Motion due by 3/20/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Houseal, Sean) Modified on 3/14/2019 to reference #213 , #214 , #215 , #216 , #217 , #218 , #219 , #220 Additional Attachments filed 3/13/2019 (sshe, ).
March 13, 2019 Filing 211 NON-STANDARD ITEM RECEIVED: Service copies of the administrative record on DVD received via FedEx from National Marine Fisheries Service re: #152 Notice to Lodge ((3) copies to chambers, (1) copy kept on file in Clerk's office) (sshe, )
March 13, 2019 Filing 210 TEXT ORDER granting in part and denying in part #151 Motion for Extension of Time. The Response of Federal Defendants and Intervenor-Defendants to the State of South Carolina's Motion for a Preliminary Injunction (Dkt. No. 146) is extended and now due March 22, 2019. The Reply brief of Plaintiff-Intervenor South Carolina is now due April 3, 2019. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/13/2019.(ltap, )
March 13, 2019 Filing 209 TEXT ORDER granting #162 Motion for Extension of Time to File Response/Reply. The Reply briefs of Plaintiff-Intervenors States of Maryland, Connecticut, Delaware, Maine, New Jersey, New York, North Carolina and the Commonwealth of Massachusetts and Virginia is extended and now due March 26, 2019. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/13/2019.(ltap, )
March 12, 2019 Filing 208 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Notice of Intent to File Additional Attachments . (Dilley, Jonelle) Modified on 3/13/2019 to edit filing date to that of ECF #152 3/12/2019(sshe, ).
March 12, 2019 Filing 207 NOTICE TO LODGE of Additional Attachments to ECF 152 by Chris Oliver, Wilbur Ross (Dilley, Jonelle) Modified on 3/13/2019 to edit filing date to that of ECF #152 3/12/2019(sshe, ).
March 12, 2019 Filing 206 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Wood2012 . (Attachments: #1 Work 2010, #2 Wright 2015, #3 Yasvenko 2007)(Dilley, Jonelle)
March 12, 2019 Filing 205 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Weilgart 2007 . (Attachments: #1 Winsor-2006, #2 Winsor-2013, #3 Winsor-2017)(Dilley, Jonelle)
March 12, 2019 Filing 204 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Waring2013 . (Attachments: #1 Waring2014_Part1, #2 Waring2014_Part2, #3 Waring2016, #4 Waring-Hamazaki2001, #5 Webster-2018)(Dilley, Jonelle)
March 12, 2019 Filing 203 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Vanderlaan 2007 . (Attachments: #1 Videsen-2017, #2 Villegas-Amtman-2015, #3 Villegas-Amtman-2017, #4 Ward-1997, #5 Wardle2001)(Dilley, Jonelle)
March 12, 2019 Filing 202 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Tolstoy 2009 . (Attachments: #1 Trygonis, #2 Tyack2011, #3 U.S. Navy-2017-Criteria and Thresholds, #4 U.S. Navy-2017-U.S. Navy Marine Species Densit_Part1, #5 U.S. Navy-2017-U.S. Navy Marine Species Densit_Part2, #6 U.S. Navy-2017-U.S. Navy Marine Species Densit_Part3, #7 U.S. Navy-2017-U.S. Navy Marine Species Densit_Part4, #8 U.S. Navy-2017-U.S. Navy Marine Species Densit_Part5)(Dilley, Jonelle)
March 12, 2019 Filing 201 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Tennessen 2016 . (Attachments: #1 Thode2017, #2 Thomas-1984, #3 Thomas-2016, #4 Thomson_2014, #5 Thorne2015, #6 Thorne2017)(Dilley, Jonelle)
March 12, 2019 Filing 200 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Stanistreet 2018 . (Attachments: #1 Stone-2003, #2 Stone-2006, #3 Stone2015a, #4 Stone-2017, #5 Streever2016)(Dilley, Jonelle)
March 12, 2019 Filing 199 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Skalski1992 . (Attachments: #1 Smith2016, #2 Sole2013, #3 Southall-2007, #4 Stanistreet2015, #5 Stanistreet2017)(Dilley, Jonelle)
March 12, 2019 Filing 198 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Roberts2016 . (Attachments: #1 Roberts-2017, #2 Rolland-2012, #3 Rolland-2016, #4 Root-Gutteridge-2018-, #5 Seminoff-2015, #6 Sivle-2014)(Dilley, Jonelle)
March 12, 2019 Filing 197 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Roberts2015c . (Attachments: #1 Roberts2015l, #2 Roberts2015n, #3 Roberts2015p_Part1, #4 Roberts2015p_Part2)(Dilley, Jonelle)
March 12, 2019 Filing 196 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Richardson 1986 . (Attachments: #1 Richardson-1990, #2 Richardson-1995, #3 Richardson-1999, #4 Richardson-2017-, #5 Richardson-1986)(Dilley, Jonelle)
March 12, 2019 Filing 195 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Pirotta 2018 . (Attachments: #1 Pirotta-2018-b, #2 Popper2014, #3 Price-2017, #4 Racca-2016, #5 Richardson1985)(Dilley, Jonelle)
March 12, 2019 Filing 194 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Payne 2007 . (Attachments: #1 Payne 2008, #2 Pearson1992, #3 Pena2013, #4 Pettis-2017, #5 Piniak-2016)(Dilley, Jonelle)
March 12, 2019 Filing 193 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Parks2011 . (Attachments: #1 Parks-2012, #2 Parks-2015, #3 Parsons2009, #4 Paxton2017)(Dilley, Jonelle)
March 12, 2019 Filing 192 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Oedekoven2015 . (Attachments: #1 Pace-2017, #2 Parks 2007a, #3 Pace-2017b, #4 Pace-2017c, #5 Parks-2009)(Dilley, Jonelle)
March 12, 2019 Filing 191 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: NSF 2011 P1 . (Attachments: #1 NSF 2011 p2, #2 NSF 2011 p3, #3 OHara 1990, #4 OConnor-2009)(Dilley, Jonelle)
March 12, 2019 Filing 190 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: NOAA 2018 Tech G . (Attachments: #1 Nowacek-2004, #2 Nowacek-2007, #3 Nowacek2013, #4 Nowacek2015, #5 Nowacek2016)(Dilley, Jonelle)
March 12, 2019 Filing 189 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: NMFS 2013 GG . (Attachments: #1 NMFS2015 NWTT, #2 NMFS-2015-Kemp_, #3 NMFS 2017 Surtass, #4 NMFS 2017 NARW, #5 NMFS-2018-Manual)(Dilley, Jonelle)
March 12, 2019 Filing 188 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: NMFS2011 . (Attachments: #1 NMFS2011, #2 NMFS-2013-Hawksbill, #3 NMFS-2013-Leatherback, #4 NMFS2013a_Part1, #5 NMFS2013a_Part2)(Dilley, Jonelle)
March 12, 2019 Filing 187 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Nachtigall2018 . (Attachments: #1 NAS-2017, #2 Nelms-2016, #3 Nieukirk2012)(Dilley, Jonelle)
March 12, 2019 Filing 186 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Miller2013 . (Attachments: #1 MMC-2007, #2 MMOA2015, #3 Moors2014, #4 Moulton-2005)(Dilley, Jonelle)
March 12, 2019 Filing 185 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: McLellan2015 . (Attachments: #1 McLellan2018, #2 Meyer-Gutbrod-2014, #3 Meyer-Gutbrod-2018, #4 Miksis-Olds-2016, #5 Miller-2009)(Dilley, Jonelle)
March 12, 2019 Filing 184 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: McCauley 2000 . (Attachments: #1 McCauley 2000 a, #2 McCauley-2017, #3 McDonald1995, #4 McHuron-2018)(Dilley, Jonelle)
March 12, 2019 Filing 183 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Madsen2002 . (Attachments: #1 Malme-1983 p1, #2 Malme-1983p2, #3 Malme-1983p3, #4 Malme-1984 p1, #5 Malme-1984 p2)(Dilley, Jonelle)
March 12, 2019 Filing 182 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Lurton 2016 . (Attachments: #1 Lynch-2018, #2 MacGillivray-2006-p1, #3 MacGillivray-2006-p2, #4 Machernis 2018, #5 MacLeod2005, #6 MacLeod2006)(Dilley, Jonelle)
March 12, 2019 Filing 181 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Law 2010 . (Attachments: #1 Lawson2009, #2 Lenhardt-1983, #3 Lenhardt-1994p1, #4 Lenhardt-1994 p2, #5 Lurton-2010)(Dilley, Jonelle)
March 12, 2019 Filing 180 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Krzystan 2018 . (Attachments: #1 Kujawa2009, #2 Kyhn2011, #3 LaBrecque2015., #4 Laist-2001, #5 Lavender-2014)(Dilley, Jonelle)
March 12, 2019 Filing 179 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Johnson 2017 . (Attachments: #1 Jorgenson2009, #2 Keatos 2009, #3 Kight-2011, #4 King-2015, #5 Kremser-2005)(Dilley, Jonelle)
March 12, 2019 Filing 178 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Jochens2004 . (Attachments: #1 Jochens-2006-p1, #2 Jochens-2006-p2, #3 Jochens2008, #4 Johnson-2002, #5 Johnson2007)(Dilley, Jonelle)
March 12, 2019 Filing 177 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Hodge 2015 . (Attachments: #1 Hodge Stanistreet 2015, #2 IBAMA2005, #3 Jensen-2004, #4 JNCC2017, #5 Jochens2003)(Dilley, Jonelle)
March 12, 2019 Filing 176 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Hayes 2019 N . (Attachments: #1 Hayes-2018-U, #2 Henry-2017)(Dilley, Jonelle)
March 12, 2019 Filing 175 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Hargrove 2016 . (Attachments: #1 Hassel2004, #2 Hastings2005, #3 Hatch2012, #4 Hawkins2014, #5 Hayes2017)(Dilley, Jonelle)
March 12, 2019 Filing 174 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Greene 2003 . (Attachments: #1 Grieve 2017, #2 Halvorsen2012a, #3 Hargrove-2016, #4 Harris-2017, #5 Harris-2018-)(Dilley, Jonelle)
March 12, 2019 Filing 173 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Gomez 2016 . (Attachments: #1 Gordon-2003, #2 Gordon-2006, #3 Gtz-2009, #4 Gower-2011, #5 Gray-2018)(Dilley, Jonelle)
March 12, 2019 Filing 172 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Freitas 2018 . (Attachments: #1 Gailey-2007, #2 Gailey-2016, #3 Gall-2015, #4 GHFS2015, #5 Givens-2013)(Dilley, Jonelle)
March 12, 2019 Filing 171 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Fewtrell2012 . (Attachments: #1 Finneran-2015-Noise-induced hearing loss in ma.pdf, #2 Finneranetal2015.pdf, #3 Fleishman-2016, #4 Foley2015, #5 Forney2017)(Dilley, Jonelle)
March 12, 2019 Filing 170 Additional Attachments to Main Document #152 Notice to Lodge. Engas2002. (Attachments: #1 Epperly-1995-, #2 Erbe-2016, #3 Erickson-2011, #4 Farmer-2018-Population consequences of disturb.pdf, #5 Farmer-2018-Resilience of the endangered sperm.pdf)(Dilley, Jonelle)
March 12, 2019 Filing 169 Additional Attachments to Main Document #152 Notice to Lodge. . (Attachments: #1 Dow 2012, #2 Drinkwater, #3 Dunlop2016, #4 Dunlop 2018, #5 Ellison-2012)(Dilley, Jonelle)
March 12, 2019 Filing 168 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: D-Amico2003 . (Attachments: #1 D_Spain2006, #2 Dalen1987, #3 Daoust-2017 p1, #4 Daoust-2017 p2, #5 Davis-2017, #6 Day2016, #7 Debich2014, #8 DeRuiter2013, #9 Devine-2017, #10 DEWHA2008)(Dilley, Jonelle)
March 12, 2019 Filing 167 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Caldwell 200 . (Attachments: #1 Exhibit Conant2009, #2 Exhibit Conn-2013, #3 Exhibit Cooke-2015, #4 Exhibit Cooke-2017, #5 Exhibit Cormac Booth-2016, #6 Exhibit Costa-2016, #7 Exhibit Cox2006, #8 Exhibit Cranford-2015, #9 Envelope croll2001)(Dilley, Jonelle)
March 12, 2019 Filing 166 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Bruce 2018 . (Attachments: #1 Exhibit caldwell-2000, #2 Exhibit Carretta-2018, #3 Exhibit Carroll-2017, #4 Exhibit Casper 2012, #5 Exhibit Castellote-2012, #6 Exhibit Cerchio2014, #7 Exhibit CETAP1982, #8 Exhibit CETAP1982, #9 Exhibit Cholewiak-2018, #10 Exhibit Christiansen-2015)(Dilley, Jonelle)
March 12, 2019 Filing 165 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Burkhardt2013 . (Attachments: #1 Exhibit Byrd2014)(Dilley, Jonelle)
March 12, 2019 Filing 164 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Booth2017 . (Attachments: #1 Exhibit Bowles1994, #2 Exhibit Broker2015)(Dilley, Jonelle)
March 12, 2019 Filing 163 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: BOEM2017 Atlantic Permit . (Dilley, Jonelle)
March 12, 2019 Filing 162 MOTION for Extension of Time to File Response/Reply as to #148 Notice of Joinder,,, by Commonwealth of Massachusetts, Commonwealth of Virginia, Connecticut, State of, Delaware, State of, Maine, State of, Maryland, State of, New Jersey, State of, New York, State of, North Carolina, State of. Response to Motion due by 3/26/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order Granting Motion for Extension)Proposed order is being emailed to chambers with copy to opposing counsel.(Leath, William)
March 12, 2019 Filing 161 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: BOEM2014 Part 1 . (Attachments: #1 Exhibit BOEM2014 Part 2, #2 Exhibit BOEM2017 v2 Part 1, #3 Exhibit BOEM2017 v2 Part 2, #4 Exhibit BOEM2017 v2 Part 3, #5 Exhibit BOEM2017 v2 Part 4)(Dilley, Jonelle)
March 12, 2019 Filing 160 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Bejder2009 . (Attachments: #1 Exhibit Blackwell2013, #2 Exhibit Blackwell2015, #3 Exhibit Bloodworth2008, #4 Exhibit Boebel2005, #5 Exhibit Boeger2006)(Dilley, Jonelle)
March 12, 2019 Filing 159 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Baker2013 . (Attachments: #1 Exhibit Barlow1999, #2 Exhibit Barlow2006, #3 Exhibit Barlow2011, #4 Exhibit Barlow2015, #5 Exhibit Bartol1999)(Dilley, Jonelle)
March 12, 2019 Filing 158 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Doc 85 . (Attachments: #1 Exhibit Doc 86, #2 Exhibit Doc 87, #3 Exhibit Doc 88, #4 Exhibit Doc 89, #5 Exhibit AguilardeSoto2016, #6 Exhibit Andre2011, #7 Exhibit Andriguetto2005, #8 Exhibit ASMFC2017, #9 Exhibit Bain2006)(Dilley, Jonelle)
March 12, 2019 Filing 157 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Doc 81 . (Attachments: #1 Exhibit Doc 82 Part 1, #2 Exhibit Doc 82 Part 2, #3 Exhibit Doc 82 Part 3, #4 Exhibit Doc 83, #5 Exhibit Doc 84)(Dilley, Jonelle)
March 12, 2019 Filing 156 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Doc 72 . (Attachments: #1 Exhibit Doc 73, #2 Exhibit Doc 74, #3 Exhibit Doc 75 Part 1, #4 Exhibit Doc 75 Part 2, #5 Exhibit Doc 76 Part 1, #6 Exhibit Doc 76 Part 2, #7 Exhibit Doc 76 Part 3, #8 Exhibit Doc 76 Part 4, #9 Exhibit Doc 77, #10 Exhibit Doc 78, #11 Exhibit Doc 79, #12 Exhibit Doc 80 Part 1, #13 Exhibit Doc 80 Part 2)(Dilley, Jonelle)
March 12, 2019 Filing 155 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Doc 41 . (Attachments: #1 Exhibit Doc 42, #2 Exhibit Doc 43, #3 Exhibit Doc 44, #4 Exhibit Doc 45, #5 Exhibit Doc 46, #6 Exhibit Doc 47, #7 Exhibit Doc 48, #8 Exhibit Doc 49, #9 Exhibit Doc 50, #10 Exhibit Doc 51, #11 Exhibit Doc 52, #12 Exhibit Doc 53, #13 Exhibit Doc 54, #14 Exhibit Doc 55, #15 Exhibit Doc 56, #16 Exhibit Doc 57, #17 Exhibit Doc 58, #18 Exhibit Doc 59, #19 Exhibit Doc 60, #20 Exhibit Doc 61, #21 Exhibit Doc 62, #22 Exhibit Doc 63, #23 Exhibit Doc 64, #24 Exhibit Doc 65, #25 Exhibit Doc 66, #26 Exhibit Doc 67, #27 Exhibit Doc 68, #28 Exhibit Doc 69, #29 Exhibit Doc 70, #30 Exhibit Doc 71)(Dilley, Jonelle)
March 12, 2019 Filing 154 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Exhibit Doc 11 . (Attachments: #1 Exhibit Doc 12, #2 Exhibit Doc 13, #3 Exhibit Doc 14, #4 Exhibit Doc 15, #5 Exhibit Doc 16, #6 Exhibit Doc 17, #7 Exhibit Doc 18, #8 Exhibit Doc 19, #9 Exhibit Doc 20, #10 Exhibit Doc 21, #11 Exhibit Doc 22, #12 Exhibit Doc 23, #13 Exhibit Doc 24, #14 Exhibit Doc 25, #15 Exhibit Doc 26, #16 Exhibit Doc 27, #17 Exhibit Doc 28, #18 Exhibit Doc 29, #19 Exhibit Doc 30, #20 Exhibit Doc 31, #21 Exhibit Doc 32, #22 Exhibit Doc 33, #23 Exhibit Doc 34, #24 Exhibit Doc 35, #25 Exhibit Doc 36, #26 Exhibit Doc 37, #27 Exhibit Doc 38, #28 Exhibit Doc 39, #29 Exhibit Doc 40, #30 Exhibit Doc 41)(Dilley, Jonelle)
March 12, 2019 Filing 153 Additional Attachments to Main Document #152 Notice to Lodge. First attachment description: Doc 1 . (Attachments: #1 Exhibit Doc 2, #2 Exhibit Doc 3, #3 Exhibit Doc 4, #4 Exhibit Doc 5, #5 Exhibit Doc 6, #6 Exhibit Doc 7, #7 Exhibit Doc 8, #8 Exhibit Doc 9, #9 Exhibit Doc 10)(Dilley, Jonelle)
March 12, 2019 Filing 152 NOTICE TO LODGE of Administrative Record by Chris Oliver, Wilbur Ross (Attachments: #1 Affidavit Administrative Record Certification, #2 Exhibit Administrative Record Index)(Dilley, Jonelle) Modified on 3/14/2019 to reference #153 , #154 , #155 , #156 , #157 , #158 , #159 , #160 , #161 , #163 , #164 , #165 , #166 , #167 , #168 , #169 , #170 , #171 , #172 , #173 , #174 , #175 , #176 , #177 , #178 , #179 , #180 , #181 , #182 , #183 , #184 , #185 , #186 , #187 , #188 , #189 , #190 , #191 , #192 , #193 , #194 , #195 , #196 , #197 , #198 , #199 , #200 , #201 , #202 , #203 , #204 , #205 , #206 , #207 , #208 Additional Attachments filed 3/12/2019(sshe, ). Modified on 3/26/2019 to reference #234 Additional Attachments filed 3/25/2019(sshe, ).
March 11, 2019 Filing 151 Consent MOTION for Extension of Time by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. Response to Motion due by 3/25/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Piropato, Marissa)
March 11, 2019 Filing 150 TEXT ORDER granting #149 Motion for Leave to File a consolidated and extended brief. Federal Defendants may file a single, consolidated brief up to fifty-eight (58) double spaced pages), and Plaintiffs and Plaintiff-Intervenors may each file reply briefs of up to twenty double spaced pages. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/11/2019.(ltap, )
March 8, 2019 Filing 149 Consent MOTION for Leave to File Excess Pages and for Leave to File a Consolidated Brief in Opposition to Plaintiffs' Preliminary Injunction Motion (ECF124 & 143) and Joinder (ECF 148) by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. Response to Motion due by 3/22/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Finnegan, Alison)
March 5, 2019 Filing 148 NOTICE OF JOINDER re #124 MOTION for Preliminary Injunction by William Jefferson Leath, Jr on behalf of Maine, State of, Maryland, State of, New Jersey, State of, New York, State of, North Carolina, State of (Attachments: #1 Memo in Support of Motion for Preliminary Injunction, #2 Supporting Documents Declaration of J.B. Howard, Jr., #3 Exhibit 1 - Excerpts from BOEM DDP, #4 Exhibit 2 - Governor's Letter, #5 Exhibit 3 - Grassroots Opposition Excerpts, #6 Exhibit 4 - 7.21.17 Multistate Comments, #7 Exhibit 5 - CZM Programs, #8 Exhibit 6 - 3.9.18 Multistate Comments, #9 Exhibit 7 - 2.1.18 Multistate Comments, #10 Exhibit 8 - BOEM Record of Decision, #11 Exhibit 9 - NY Order, #12 Exhibit 10 - Solar States, #13 Exhibit 11 - NY-Sun Portal)(Leath, William)
March 1, 2019 Filing 146 MOTION for Preliminary Injunction by State of South Carolina ex rel Alan Wilson, Attorney General. Response to Motion due by 3/15/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit Attach. A - Comay, 5 yr Program for Offshore Oil, #3 Exhibit Attach. AA - DOD Mission Compatibility Planning Asses., #4 Exhibit Attach. B - BOEM: FAQ re Seismic Testing, #5 Exhibit Attach. C - Pres. Exec. Order 13795, #6 Exhibit Attach. D - US Dept. of Interior Sec. Order 3350, #7 Exhibit Attach. E - Dept. of Int. Rec. of decision and approval of 2017-2022 OCS, #8 Exhibit Attach. F - BOEM Denies Atlantic Seismic G&G Permits, #9 Exhibit Attach. G - Dept. of Interior Press Release re Offshore Oil, #10 Exhibit Attach. GG - Chas. Bus. Journal - Legislators Oppose Seismic Testing, #11 Exhibit Attach. H - BOEM's New 5 Yr. Plan, #12 Exhibit Attach. I - BOEM: Oil & Gas Leasing on OCS, #13 Exhibit Attach. J - Comay Humphries - BOEM 5 Yr. Program for Offshore Oil, #14 Exhibit Attach. K - Comments of Mass. AG, #15 Exhibit Attach. KK - White House Press Release, #16 Exhibit Attach. L - BOEM 5 Yr. Leasing Plan 2019-2024, #17 Exhibit Attach. M - BOEM Annual Progress Report, #18 Exhibit Attach. N - Dept. of Int. Draft Proposed Plan 2019-2024, #19 Exhibit Attach. O - BOEM FAQ - Why Are We Starting Another OCS Program, #20 Exhibit Attach. P - 3.9.18 Letter to BOEM from AGs, #21 Exhibit Attach Q. - Willis and Straka, Econ. Contribs. of Nat. Resources to SC)No proposed order.(Smith, James)
February 28, 2019 Opinion or Order Filing 145 ORDER granting #141 Motion for Dianna Shinn to Appear Pro Hac Vice for New Jersey, State of. Signed by Honorable Richard M Gergel on 2/28/2019.(sshe, )
February 28, 2019 Filing 144 TEXT ORDER granting #137 Motion for Extension of Time. The Response to Dkt. No. #124 is due 3/13/2019 and Reply is due 3/25/2019. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 2/28/2019.(sshe, )
February 28, 2019 Filing 143 MOTION for Preliminary Injunction by Awendaw, Town of, Beaufort, City of, Bluffton, Town of, Briarcliffe Acres, Town of, Charleston, City of, Edisto Beach, Town of, Folly Beach, City of, Hilton Head Island, Town of, Isle of Palms, City of, James Island, Town of, Kiawah Island, Town of, Mount Pleasant, Town of, North Myrtle Beach, City of, Pawleys Island, Town of, Port Royal, Town of, Seabrook Island, Town of, South Carolina Small Business Chamber of Commerce. Response to Motion due by 3/14/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit 1, Darby Declaration, #3 Exhibit 2, Keyserling Declaration, #4 Exhibit 3, Carroll Declaration, #5 Exhibit 4, Wright Declaration, #6 Exhibit 5, Collins Declaration, #7 Exhibit 6, Brendell Declaration, #8 Exhibit 7, Baumann Declaration, #9 Exhibit 8, Tecklenburg Declaration, #10 Exhibit 9, Goodwin Declaration, #11 Exhibit 10, Ciancio Declaration, #12 Exhibit 11, McCann Declaration, #13 Exhibit 12, Goodwine Declaration, #14 Exhibit 13, Gov. Resolutions, #15 Exhibit 14, BiOp Excerpts)No proposed order.(Armstrong, Amy)
February 28, 2019 Filing 141 MOTION to Appear Pro Hac Vice by Dianna Shinn ( Filing fee $ 250 receipt number 0420-8295202) by New Jersey, State of. Response to Motion due by 3/14/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Admission for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order Granting Motion for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Leath, William)
February 28, 2019 Opinion or Order Filing 140 ORDER granting #135 Motion for Margaret A. Bensinger to Appear Pro Hac Vice for Maine, State of. Signed by Honorable Richard M Gergel on 2/28/2019.(sshe, )
February 28, 2019 Filing 139 ACCEPTANCE OF SERVICE OF COMPLAINT by Chris Oliver, Wilbur Ross, National Marine Fisheries Service. Chris Oliver served on 2/27/2019, answer due 4/29/2019; Wilbur Ross served on 2/27/2019, answer due 4/29/2019; National Marine Fisheries Service served on 2/27/2019, answer due 4/29/2019. (Drake, Beth) Modified on 2/28/2019 to correct answer due date(s) per service on USA (sshe, ).
February 27, 2019 Filing 138 Intervenor COMPLAINT , filed by New York, State of, North Carolina, State of, Maine, State of, Commonwealth of Massachusetts, Delaware, State of, Maryland, State of, Commonwealth of Virginia, Connecticut, State of, New Jersey, State of. (Leath, William)
February 27, 2019 Filing 137 Consent MOTION for Extension of Time for Federal Defendants and Intervenor-Defendants to Respond to Plaintiffs' Motion (ECF 124), and for Plaintiffs to File Reply by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. Response to Motion due by 3/13/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Finnegan, Alison)
February 26, 2019 Filing 135 MOTION to Appear Pro Hac Vice by Margaret A. Bensinger ( Filing fee $ 250 receipt number 0420-8289690) by Maine, State of. Response to Motion due by 3/12/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order Proposed Order Granting Motion for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Leath, William) (Attachment 1 replaced on 2/27/2019) (sshe, ). Modified on 2/27/2019 to replace with corrected document provided by filing user(sshe, ).
February 25, 2019 Filing 133 RESPONSE to Motion re #127 MOTION Direct Federal Defendants to Answer and to Set Time for Response to Motion re #126 Intervenor Complaint Response filed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross.Reply to Response to Motion due by 3/4/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Drake, Beth)
February 25, 2019 Filing 132 ACCEPTANCE OF SERVICE OF COMPLAINT by Chris Oliver, Wilbur Ross, National Marine Fisheries Service. Chris Oliver served on 2/21/2019, answer due 4/22/2019; Wilbur Ross served on 2/21/2019, answer due 4/22/2019; National Marine Fisheries Service served on 2/21/2019, answer due 4/22/2019. (Drake, Beth) Modified on 2/26/2019 to correct answer due date(s) per service on USA(sshe, ).
February 25, 2019 Opinion or Order Filing 131 ORDER granting #129 Motion for Daniel Salton to Appear Pro Hac Vice for Connecticut, State of. Signed by Honorable Richard M Gergel on 2/22/2019.(sshe, )
February 22, 2019 Filing 130 NOTICE of Request for Protection from Court Appearance by James Emory Smith, Jr for 3/19/2019, 4/26/2019, 5/14/2019, & 5/17/2019 (Smith, James)
February 22, 2019 Filing 129 MOTION to Appear Pro Hac Vice by Daniel Salton ( Filing fee $ 250 receipt number 0420-8285547) by Connecticut, State of. Response to Motion due by 3/8/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order Granting Motion for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Leath, William)
February 22, 2019 Filing 128 TEXT ORDER re #127 MOTION Direct Federal Defendants to Answer and to Set Time for Response to Motion re #126 Intervenor Complaint filed by State of South Carolina ex rel Alan Wilson, Attorney General. The time to file a response to motion is shortened to 2/28/19. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/22/2019. (ltap, )
February 21, 2019 Filing 127 MOTION Direct Federal Defendants to Answer and to Set Time for Response to Motion re #126 Intervenor Complaint by State of South Carolina ex rel Alan Wilson, Attorney General. Response to Motion due by 3/7/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Smith, James)
February 21, 2019 Filing 126 Intervenor COMPLAINT , filed by State of South Carolina ex rel Alan Wilson, Attorney General. (Smith, James)
February 20, 2019 Opinion or Order Filing 125 SCHEDULING ORDER Rule 26(f) Conference Deadline 3/13/2019, 26(a) Initial Disclosures due by 3/27/2019, Rule 26 Report due by 2/27/2019, Motions to Amend Pleadings due by 5/21/2019, Plaintiffs ID of Expert Witness due by 6/20/2019, Defendants ID of Expert Witnesses Due by 7/22/2019, Records Custodian Affidavit due by 7/29/2019, Discovery due by 8/19/2019, Motion in Limine due by 15 days prior to jury selection, Motions due by 9/3/2019, Rule 26(a)(3) Disclosures due by 21 days prior to jury selection, Pretrial Briefs due by 5 business days prior to jury selection, Case ready for Bench Trial Deadline on or after 12/2/2019 Signed by Honorable Richard M Gergel on 2/20/2019. (sshe, )
February 20, 2019 Filing 124 MOTION for Preliminary Injunction by Center for Biological Diversity, Defenders of Wildlife, Natural Resources Defense Council Inc, North Carolina Coastal Federation, Oceana, One Hundred Miles, Sierra Club, South Carolina Coastal Conservation League, Surfrider Foundation. Response to Motion due by 3/6/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support Memorandum in Support of Motion for Preliminary Injunction, #2 Supporting Documents Declaration of Scott D. Kraus, #3 Supporting Documents Declaration of Douglas P. Nowacek, #4 Supporting Documents Declaration of Andrew J. Read, #5 Supporting Documents Declaration of Aaron Rice, #6 Supporting Documents Declaration of Peter L. Tyack, #7 Supporting Documents Declaration of Oona Watkins, #8 Supporting Documents Declaration of Regina Asmutis-Silva, #9 Supporting Documents Declaration of Laura Cantral, #10 Supporting Documents Declaration of David Cignotti, #11 Supporting Documents Declaration of Erin Carey, #12 Supporting Documents Declaration of Nancy Daves, #13 Supporting Documents Declaration of Heather Foley, #14 Supporting Documents Declaration of Mary Edna Fraser, #15 Supporting Documents Declaration of Nick Gallegos, #16 Supporting Documents Declaration of Matt Gove, #17 Supporting Documents Declaration of Patrick Shannon Hamilton, #18 Supporting Documents Declaration of Deborah A. Kearney, #19 Supporting Documents Declaration of Alice M. Keyes, #20 Supporting Documents Declaration of Marcella Matthaei, #21 Supporting Documents Declaration of Johnny Miller, #22 Supporting Documents Declaration of Todd Miller, #23 Supporting Documents Declaration of Kenneth Phillip Odom, #24 Supporting Documents Declaration of Matthew Price, #25 Supporting Documents Declaration of Nancy Pyne, #26 Supporting Documents Declaration of Miyoko Sakashita, #27 Supporting Documents Declaration of Michael Senatore, #28 Supporting Documents Declaration of Jessica Sarah Taylor, #29 Supporting Documents Declaration of Suzanne Thurman, #30 Supporting Documents Declaration of Gina Trujillo, #31 Supporting Documents Declaration of Danielle Waples, #32 Supporting Documents Declaration of Mitchell S. Bernard, #33 Supporting Documents Declaration of Sarah Fort, #34 Exhibit Ex. 1 - 2018 Seismic BiOp, #35 Exhibit Ex. 2 - 2018 Annual Report Card, #36 Exhibit Ex. 3 - NOAA Press Release, #37 Exhibit Ex. 4 - News Herald, #38 Exhibit Ex. 5 - The Guardian, #39 Exhibit Ex. 6 - Atlantic Programmatic, #40 Exhibit Ex. 7 - Environmental Assessment, #41 Exhibit Ex. 8 - NOAA Ocean Noise Strategy Roadmap, #42 Exhibit Ex. 9 - 2013 Atlantic Programmatic, #43 Exhibit Ex. 10 - BOEM Decision, #44 Exhibit Ex. 11 - NMFS IHA Application Status Letters, #45 Exhibit Ex. 12 - Executive Order 13,795, #46 Exhibit Ex. 13 Biological Opinion on Navy Training, #47 Exhibit Ex. 14 - NRDC et al. Comments, #48 Exhibit Ex. 15 Marine Mammal Commission Comments, #49 Exhibit Ex. 16 - Comments of Attorneys General, #50 Exhibit Ex. 17 - Comments of Marine Scientists, #51 Exhibit Ex. 18 - Comments of UNC Wilmington Scientists, #52 Exhibit Ex. 19 - Mid-Atlantic Fishery Managment Council Comments)No proposed order.(Wannamaker, Catherine)
February 18, 2019 Filing 123 ANSWER to #68 Complaint,, by American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC.(Houseal, Sean)
February 18, 2019 Filing 122 ANSWER to #1 Complaint, by American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC.(Houseal, Sean)
February 12, 2019 Filing 121 TEXT ORDER granting #120 Unopposed Motion for Extension of Time until April 11, 2019 to answer complaint. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/12/2019.(ltap, )
February 12, 2019 Filing 120 MOTION for Extension of Time (Unopposed) to Answer or Respond to Complaint in South Carolina Coastal Conservation League et al. by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. Response to Motion due by 2/26/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Finnegan, Alison)
February 8, 2019 Opinion or Order Filing 118 ORDER granting #34 and #59 Motions to Intervene by the States of Maryland, Connecticut, Delaware, Maine, New Jersey, New York, North Carolina, South Carolina and the Commonwealths of Massachusetts and Virginia. As the Court has now ruled on the motions to intervene, the All Writs Act Injunction (Dkt. No. 75) is LIFTED. The Motion for Clarification (Dkt. No. #111 ) and the Motion for Leave to File a Response (Dkt. No. #114 ) are therefore DENIED AS MOOT. Signed by Honorable Richard M Gergel on 2/8/2019. (Filing corrected per consolidated)(sshe, )
February 8, 2019 Opinion or Order Filing 117 ORDER granting #40 Motion to Intervene. The Court finds that the intervention of International Association of Geophysical Contractors, CGG Services (U.S.) Inc., GX Technology Corporation, Spectrum GEO Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC, and the American Petroleum Institute is appropriate in this case. Signed by Honorable Richard M Gergel on 2/8/2019. (Filing corrected per consolidated)(sshe, )
February 8, 2019 Filing 116 Letter from W. Jefferson Leath, Jr.. (Attachments: #1 Proposed Order Consent re States' Intervention)(Leath, William)
February 8, 2019 Filing 115 TEXT ORDER granting #113 Consent Motion for Extension of Time until April 5 for federal defendants to answer or otherwise respond to Complaint. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/8/2019.(ltap, )
February 7, 2019 Filing 114 MOTION for Leave to File Response to Motion for Clarification by State of South Carolina ex rel Alan Wilson, Attorney General. Response to Motion due by 2/21/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit May 1, 2017 Order of Secty. of Interior, #2 Exhibit BOEM denies seismic permits January, 2017)No proposed order.(Smith, James)
February 7, 2019 Filing 113 MOTION for Extension of Time (Unopposed) to Answer or Respond to Complaint in City of Beaufort et al. by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. Response to Motion due by 2/21/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Finnegan, Alison)
February 6, 2019 Filing 112 Additional Attachments to Main Document #111 MOTION for Clarification re #75 Order on Motion to Stay,,,,,,, . First attachment description: Declaration of Walter D. Cruickshank, BOEM . (Dilley, Jonelle)
February 6, 2019 Filing 111 MOTION for Clarification re #75 Order on Motion to Stay,,,,,,, by National Marine Fisheries Service. Response to Motion due by 2/20/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Dilley, Jonelle) Modified on 2/7/2019 to reference #112 Additional Attachment filed 2/6/2019(sshe, ).
February 4, 2019 Filing 110 REPLY to Response to Motion re #59 MOTION to Intervene Response filed by State of South Carolina ex rel Alan Wilson, Attorney General. (Smith, James)
February 1, 2019 Filing 108 RESPONSE to Motion re #59 MOTION to Intervene of the State of South Carolina Response filed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross.Reply to Response to Motion due by 2/8/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A (email exchange between counsel dated Jan. 30, 2019))(Finnegan, Alison)
February 1, 2019 Filing 107 RESPONSE to Motion re #34 MOTION to Intervene of the States of Maryland, Connecticut, Delaware, Maine, New Jersey, New York, and North Carolina, and the Commonwealths of Massachusetts and Virginia Response filed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross.Reply to Response to Motion due by 2/8/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Finnegan, Alison)
February 1, 2019 Opinion or Order Filing 106 ORDER granting #104 Motion for Matthew C. Ireland to Appear Pro Hac Vice for Commonwealth of Massachusetts. Signed by Honorable Richard M Gergel on 2/1/2019.(sshe, )
February 1, 2019 Opinion or Order Filing 105 ORDER granting #103 Motion for Megan Marie Herzog to Appear Pro Hac Vice for Commonwealth of Massachusetts. Signed by Honorable Richard M Gergel on 2/1/2019.(sshe, )
January 31, 2019 Filing 104 MOTION to Appear Pro Hac Vice by Matthew C. Ireland ( Filing fee $ 250 receipt number 0420-8243798) by Commonwealth of Massachusetts. Response to Motion due by 2/14/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order Granting Motion for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Leath, William)
January 31, 2019 Filing 103 MOTION to Appear Pro Hac Vice by Megan Marie Herzog ( Filing fee $ 250 receipt number 0420-8243786) by Commonwealth of Massachusetts. Response to Motion due by 2/14/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order Granting Motion for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Leath, William)
January 30, 2019 Filing 102 NOTICE of Appearance by Marissa A Piropato on behalf of National Marine Fisheries Service, Chris Oliver, Wilbur Ross (Piropato, Marissa)
January 30, 2019 Filing 101 NOTICE of Appearance by Leslie Lenhardt on behalf of Awendaw, Town of, Beaufort, City of, Bluffton, Town of, Briarcliffe Acres, Town of, Charleston, City of, Edisto Beach, Town of, Folly Beach, City of, Hilton Head Island, Town of, Isle of Palms, City of, James Island, Town of, Kiawah Island, Town of, Mount Pleasant, Town of, Pawleys Island, Town of, Port Royal, Town of, Seabrook Island, Town of, South Carolina Small Business Chamber of Commerce (Lenhardt, Leslie)
January 25, 2019 Opinion or Order Filing 99 ORDER granting #95 Motion for Ryan Park to Appear Pro Hac Vice for North Carolina, State of. Signed by Honorable Richard M Gergel on 1/24/2019.(sshe, )
January 25, 2019 Opinion or Order Filing 98 ORDER granting #87 Motion for Marc Bernstein to Appear Pro Hac Vice for North Carolina, State of. Signed by Honorable Richard M Gergel on 1/24/2019.(sshe, )
January 25, 2019 Opinion or Order Filing 97 ORDER granting #86 Motion for Andrew G Frank to Appear Pro Hac Vice for New York, State of. Signed by Honorable Richard M Gergel on 1/24/2019.(sshe, )
January 24, 2019 Filing 95 MOTION to Appear Pro Hac Vice by Ryan Park ( Filing fee $ 250 receipt number 0420-8230320) by North Carolina, State of. Response to Motion due by 2/7/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order Granting Motion for Pro Hac Vice Admission)Proposed order is being emailed to chambers with copy to opposing counsel.(Harkins, William)
January 24, 2019 Opinion or Order Filing 94 ORDER granting #85 Motion for Emily A Vainieri to Appear Pro Hac Vice for Maryland, State of. Signed by Honorable Richard M Gergel on 1/23/2019.(sshe, )
January 24, 2019 Opinion or Order Filing 93 ORDER granting #84 Motion for Joshua Morris Segal to Appear Pro Hac Vice for Maryland, State of. Signed by Honorable Richard M Gergel on 1/23/2019.(sshe, )
January 24, 2019 Opinion or Order Filing 92 ORDER granting #83 Motion for John B. Howard, Jr. to Appear Pro Hac Vice for Maryland, State of. Signed by Honorable Richard M Gergel on 1/23/2019.(sshe, )
January 24, 2019 Opinion or Order Filing 91 ORDER granting #82 Motion for Jameson A.L. Tweedie to Appear Pro Hac Vice for Delaware, State of. Signed by Honorable Richard M Gergel on 1/23/2019.(sshe, )
January 24, 2019 Opinion or Order Filing 90 ORDER granting #81 Motion for Ilona M. Kirshon to Appear Pro Hac Vice for Delaware, State of. Signed by Honorable Richard M Gergel on 1/23/2019.(sshe, )
January 24, 2019 Opinion or Order Filing 89 ORDER granting #80 Motion for David Lyons to Appear Pro Hac Vice for Delaware, State of. Signed by Honorable Richard M Gergel on 1/23/2019.(sshe, )
January 24, 2019 Opinion or Order Filing 88 ORDER granting #79 Motion for Paul Kugelman to Appear Pro Hac Vice for Commonwealth of Virginia. Signed by Honorable Richard M Gergel on 1/23/2019.(sshe, )
January 24, 2019 Filing 87 MOTION to Appear Pro Hac Vice by Marc Bernstein ( Filing fee $ 250 receipt number 0420-8228947) by North Carolina, State of. Response to Motion due by 2/7/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order Granting Motion for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Harkins, William)
January 24, 2019 Filing 86 MOTION to Appear Pro Hac Vice by Andrew G. Frank ( Filing fee $ 250 receipt number 0420-8228775) by New York, State of. Response to Motion due by 2/7/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order Granting Motion for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Leath, William)
January 23, 2019 Filing 85 MOTION to Appear Pro Hac Vice by Emily A Vainieri ( Filing fee $ 250 receipt number 0420-8227526) by Maryland, State of. Response to Motion due by 2/6/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order Granting Motion for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Leath, William)
January 23, 2019 Filing 84 MOTION to Appear Pro Hac Vice by Joshua Morris Segal ( Filing fee $ 250 receipt number 0420-8227510) by Maryland, State of. Response to Motion due by 2/6/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order Granting Motion for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Leath, William)
January 23, 2019 Filing 83 MOTION to Appear Pro Hac Vice by John B. Howard, Jr. ( Filing fee $ 250 receipt number 0420-8227485) by Maryland, State of. Response to Motion due by 2/6/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order Granting Motion for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Leath, William)
January 23, 2019 Filing 82 MOTION to Appear Pro Hac Vice by Jameson A.L. Tweedie ( Filing fee $ 250 receipt number 0420-8227201) by Delaware, State of. Response to Motion due by 2/6/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order Granting Motion for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Leath, William)
January 23, 2019 Filing 81 MOTION to Appear Pro Hac Vice by Ilona M. Kirshon ( Filing fee $ 250 receipt number 0420-8227176) by Delaware, State of. Response to Motion due by 2/6/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order Granting Motion for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Leath, William)
January 23, 2019 Filing 80 MOTION to Appear Pro Hac Vice by David Lyons ( Filing fee $ 250 receipt number 0420-8227153) by Delaware, State of. Response to Motion due by 2/6/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order Granting Motion for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Leath, William)
January 23, 2019 Filing 79 MOTION to Appear Pro Hac Vice by Paul Kugelman ( Filing fee $ 250 receipt number 0420-8226921) by Commonwealth of Virginia. Response to Motion due by 2/6/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order Granting or Denying Motion for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Leath, William)
January 18, 2019 Filing 76 ***DOCUMENT E-MAILED #75 Order and Injunction to Office of the Solicitor, U.S. Department of the Interior; Bureau of Ocean Energy Management, U.S. Department of the Interior ***DOCUMENT MAILED #75 Order and Injunction placed in U.S. Mail to Office of the Solicitor, U.S. Department of the Interior; Bureau of Ocean Energy Management, U.S. Department of the Interior (sshe, )
January 18, 2019 Opinion or Order Filing 75 ORDER GRANTING STAY AND ALL WRITS ACT INJUNCTION The Court grants the Federal Defendants' motion to stay (Dkt. No. #60 ) and issues an injunction pursuant to the All Writs Act, 28 U.S.C. 1651(a). Pursuant to the All Writs Act, the Court hereby ENJOINS the Federal Defendants, BOEM, and any other federal agency or entity from taking action to promulgate permits, otherwise approve, or take any other official action regarding the pending permit applications for oil and gas surveys in the Atlantic based on the five incidental harassment authorizations issued by the NMFS to Spectrum Geo Inc., TGS-NOPEC Geophysical Company, Inc., Ion GeoVentures (and subsidiary GX Technology Corporation), WesternGeco LLC and CGG. This injunction shall remain in effect until funds have been appropriated for the Department of Justice and all Federal Defendants, the Court has received the Federal Defendants' responses tothe pending motions to intervene (Dkt. Nos. 34, 59), and the Court has ruled on those motions. The Federal Defendants are DIRECTED to file a response to the pending motions to intervene within thirteen (13) days of the restoration of funding to the Department of Justice and the Federal Defendants, and other parties may file a reply if they wish within five (5) days thereafter. The Court will thereafter promptly rule on the pending motions to intervene. As this injunction applies not only to the Federal Defendants, but also the Bureau of Ocean Energy Management, the Clerk is directed to serve notice of this opinion and injunction to the BOEM no later than January 18, 2019. See In re Baldwin-United Corp., 770 F.2d at 340 ("As for notice the requirements of the All-Writs Act are satisfied if the parties whose conduct is enjoined have actual notice of the injunction and an opportunity to seek relief from it in the district court."). AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/18/2019.(sshe, ) Modified on 2/8/2019: Supplemental Documents filed as #11 and #112 on 02/06/2019.(rshu)
January 18, 2019 Filing 73 RESPONSE to Defendants' Supplemental Reply to Motion re #60 MOTION to Stay re #59 MOTION to Intervene in Light of Lapse in Appropriations Response filed by State of South Carolina ex rel Alan Wilson, Attorney General.(Smith, James) Clerk corrected filing for event type (filing should not have been spread to/filed in the consolidated Closed case) (sshe, )
January 17, 2019 Filing 72 SUR REPLY to REPLY to Response to Motion re #60 MOTION to Stay re #59 MOTION to Intervene in Light of Lapse in Appropriations Response filed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. (Attachments: #1 Affidavit /Declaration of Walter Cruickshank)(Dilley, Jonelle)
January 16, 2019 Filing 71 Supplemental RESPONSE to Motion re #60 MOTION to Stay re #59 MOTION to Intervene in Light of Lapse in Appropriations Response filed by State of South Carolina ex rel Alan Wilson, Attorney General. (Attachments: #1 Exhibit Attachment BOEM Contingency Plan 1/2019)(Smith, James) Clerk filed per Dkt No 69;Text Order(sshe, ) Modified on 1/18/2019 clerk edited to correct date filed, assign document number(sshe, ).
January 16, 2019 Filing 70 TEXT ORDER granting #64 Consent Motion for William K Dreher to Withdraw as Attorney for Oceana. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 1/16/2019.(ltap, )
January 16, 2019 Filing 69 TEXT ORDER: The State of South Carolina's Motion to file a Supplemental Response (Dkt. No. 66) is GRANTED and the Clerk is directed to file the Motion (Dkt. No. 66) as South Carolina's Supplemental Response. The Government has until 5:00pm on Thursday, January 17, 2019, to respond to South Carolina's Supplemental Response, and are directed to respond to the State of South Carolina's argument that the Bureau of Ocean Energy Management has recalled employees who work on seismic testing permits off the Atlantic Coast. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 1/16/2019.(ltap, )
January 16, 2019 Filing 66 MOTION for Leave to File Supplemental Return by State of South Carolina ex rel Alan Wilson, Attorney General. Response to Motion due by 1/30/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-cv-03326-RMG, *filing removed from*2:18-cv-03327-RMG(Smith, James) Modified on 1/16/2019 to reference Additional Attachments (*filing 31 removed from* in 2:18-cv-03327-RMG; *filing 67 removed from* in 2:18-cv-03326-RMG) filed 1/16/2019(sshe, ). (Additional attachment(s) added on 1/18/2019: #1 Exhibit Attachment BOEM Contingency Plan 1/2019) (sshe, ). Modified on 1/18/2019 to add to main document an attachment (Exhibit) that was filed separately as 67(sshe, ).
January 15, 2019 Filing 65 REPLY to Response to Motion re #60 MOTION to Stay re #59 MOTION to Intervene in Light of Lapse in Appropriations Response filed by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. (Dilley, Jonelle)
January 15, 2019 Filing 64 MOTION to Withdraw as Attorney William K. Dreher by Oceana. Response to Motion due by 1/29/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Wannamaker, Catherine)
January 11, 2019 Filing 63 REPLY to Response to Motion re #40 Joint MOTION to Intervene Response filed by American Petroleum Institute, CGG Services (U.S.) Inc., GX Technology Corporation, International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC. (Houseal, Sean)
January 10, 2019 Filing 62 TEXT ORDER re #61 Response in Opposition re #60 Motion to Stay. The time to file a reply to South Carolina's response is due 1/15/2019. The Federal Defendants are directed to respond to the State of South Carolina's argument that the Bureau of Ocean Energy Management could issue a decision on the pending permit applications during any potential stay of the Federal Defendants' deadlines, if a stay was granted. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 1/10/2019. (sshe, ) Modified on 1/10/2019 to edit docket text(sshe, ).
January 8, 2019 Filing 61 RESPONSE in Opposition re (60 in 2:18-cv-03326-RMG) MOTION to Stay re (59) MOTION to Intervene in Light of Lapse in Appropriations Response filed by State of South Carolina ex rel Alan Wilson, Attorney General.Reply to Response to Motion due by 1/15/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Associated Cases: 2:18-cv-03326-RMG, 2:18-cv-03327-RMG(Smith, James)
January 8, 2019 Filing 60 MOTION to Stay re #59 MOTION to Intervene in Light of Lapse in Appropriations by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. Response to Motion due by 1/22/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Finnegan, Alison)
January 7, 2019 Filing 59 MOTION to Intervene by State of South Carolina ex rel Alan Wilson, Attorney General. Response to Motion due by 1/22/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Proposed Complaint in Intervention)No proposed order.Associated Cases: 2:18-cv-03326-RMG, 2:18-cv-03327-RMG(Smith, James)
December 28, 2018 Opinion or Order Filing 57 ORDER granting (8) Motion to Consolidate Cases in case 2:18-cv-03327-RMG. It is FURTHER ORDERED that all future filings in these cases contain the case number:"2:18-cv-3326-RMG" and on the next line "(Consolidated with 2:18-cv-3327-RMG)"; it is FURTHER ORDERED that, as a result of this consolidation, case number 2: 18-cv-3327-RMG is hereby ADMINISTRATIVELY CLOSED. Signed by Honorable Richard M Gergel on 12/28/2018. Associated Cases: 2:18-cv-03327-RMG, 2:18-cv-03326-RMG(rshu, )
December 28, 2018 Opinion or Order Filing 56 ORDER GRANTING #50 MOTION to Stay re #34 MOTION to Intervene in Light of Lapse in Appropriations. IT IS FURTHER ORDERED that the Federal Defendants must respond to #34 Motion no later than thirteen days after Congress has appropriated funds for the Department of Justice and Federal Defendants. Signed by Honorable Richard M Gergel on 12/28/2018. (rshu, )
December 28, 2018 Opinion or Order Filing 55 ORDER granting #52 Motion for Jason T Morgan to Appear Pro Hac Vice for American Petroleum Institute, CGG Services (U.S.) Inc., International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC and GX Technology Corporation (incorrectly listed on Motion for PHV application as parent company ION GeoVentures). Signed by Honorable Richard M Gergel on 12/28/18.(hhil, ) Modified on 1/4/2019 to edit docket text for clarification as to parties represented as requested and provided by filing user(sshe, ).
December 28, 2018 Opinion or Order Filing 54 ORDER granting #51 Motion for Ryan P Steen to Appear Pro Hac Vice for American Petroleum Institute, CGG Services (U.S.) Inc., International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC and GX Technology Corporation (incorrectly listed on Motion for PHV application as parent company ION GeoVentures). Signed by Honorable Richard M Gergel on 12/28/18.(hhil, ) Modified on 1/4/2019 to edit docket text for clarification as to parties represented as requested and provided by filing user(sshe, ).
December 28, 2018 Opinion or Order Filing 53 ORDER granting #50 Motion to Stay: It is ordered that the Federal Defendants must respond to the Motion to Intervene no later than thirteen (13) days after Congress has appropriated funds for the Department of Justice and Federal Defendants. Signed by Honorable Richard M Gergel on 12/28/2018.(vdru, )
December 27, 2018 Filing 52 MOTION to Appear Pro Hac Vice by Jason Morgan ( Filing fee $ 250 receipt number 0420-8179821) by American Petroleum Institute, CGG Services (U.S.) Inc., International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC and GX Technology Corporation (incorrectly listed on Motion for PHV application as parent company ION GeoVentures). Response to Motion due by 1/10/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit for Pro Hac Vice Admission, #2 Supporting Documents - Certificate of Good Standing, #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Houseal, Sean) Modified on 1/4/2019 to add correct party filer as requested and provided by filing user (incorrectly listed on Motion for PHV application)(sshe, ).
December 27, 2018 Filing 51 MOTION to Appear Pro Hac Vice by Ryan Steen ( Filing fee $ 250 receipt number 0420-8179778) by American Petroleum Institute, CGG Services (U.S.) Inc., International Association of Geophysical Contractors, Spectrum Geo Inc., TGS-NOPEC Geophysical Company, WesternGeco LLC and GX Technology Corporation (incorrectly listed on Motion for PHV application as parent company ION GeoVentures). Response to Motion due by 1/10/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit for Pro Hac Vice Admission, #2 Supporting Documents - Certificate of Good Standing, #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Houseal, Sean) Modified on 1/4/2019 to add correct party filer as requested and provided by filing user (incorrectly listed on Motion for PHV application)(sshe, ).
December 26, 2018 Filing 50 MOTION to Stay re #34 MOTION to Intervene in Light of Lapse in Appropriations by National Marine Fisheries Service, Chris Oliver, Wilbur Ross. Response to Motion due by 1/9/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Finnegan, Alison)
December 21, 2018 Filing 49 NOTICE of Appearance by Jonelle M Dilley on behalf of National Marine Fisheries Service, Chris Oliver, Wilbur Ross (Dilley, Jonelle)
December 21, 2018 Filing 48 NOTICE of Appearance by Alison C Finnegan on behalf of National Marine Fisheries Service, Chris Oliver, Wilbur Ross (Finnegan, Alison)
December 21, 2018 Filing 47 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by WesternGeco LLC.(Houseal, Sean)
December 21, 2018 Filing 46 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by TGS-NOPEC Geophysical Company.(Houseal, Sean)
December 21, 2018 Filing 45 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Spectrum Geo Inc..(Houseal, Sean)
December 21, 2018 Filing 44 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by International Association of Geophysical Contractors.(Houseal, Sean)
December 21, 2018 Filing 43 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by GX Technology Corporation.(Houseal, Sean)
December 21, 2018 Filing 42 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by CGG Services (U.S.) Inc..(Houseal, Sean)
December 21, 2018 Filing 41 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by American Petroleum Institute.(Houseal, Sean)
December 21, 2018 Filing 40 Joint MOTION to Intervene by International Association of Geophysical Contractors, TGS-NOPEC Geophysical Company, CGG Services (U.S.) Inc., GX Technology Corporation, Spectrum Geo Inc., WesternGeco LLC, American Petroleum Institute. Response to Motion due by 1/4/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Answer, #2 Affidavit Declaration of Nikki C. Martin, #3 Affidavit Declaration of Peter Seidel, #4 Affidavit Declaration of Michael Whitehead, #5 Affidavit Declaration of Joseph R. Gagliardi, #6 Affidavit Declaration of Richmond Miller, #7 Affidavit Declaration of Gary Poole, #8 Affidavit Declaration of Erik G. Milito)No proposed order.(Houseal, Sean)
December 20, 2018 Filing 38 Local Rule 26.01 Answers to Interrogatories by State of North Carolina.(Harkins, William)
December 20, 2018 Filing 37 NOTICE of Appearance by William H Harkins, Jr on behalf of State of North Carolina (Harkins, William)
December 20, 2018 Filing 36 NOTICE of Appearance by William Jefferson Leath, Jr on behalf of Commonwealth of Massachusetts, Commonwealth of Virginia, State of Connecticut, State of Delaware, State of Maine, State of Maryland, State of New Jersey, State of New York, State of North Carolina (Leath, William)
December 20, 2018 Filing 35 Local Rule 26.01 Answers to Interrogatories by Commonwealth of Massachusetts, Commonwealth of Virginia, State of Connecticut, State of Delaware, State of Maine, State of Maryland, State of New Jersey, State of New York.(Leath, William)
December 20, 2018 Filing 34 MOTION to Intervene by State of Maryland, State of Connecticut, State of Delaware, State of Maine, State of New Jersey, State of New York, State of North Carolina, Commonwealth of Massachusetts, Commonwealth of Virginia. Response to Motion due by 1/3/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Proposed Complaint-In-Intervention)No proposed order.(Leath, William)
December 18, 2018 Opinion or Order Filing 32 ORDER granting #29 Motion for Blakely E. Hildebrand to Appear Pro Hac Vice for Defenders of Wildlife, North Carolina Coastal Federation, One Hundred Miles, South Carolina Coastal Conservation League. Signed by Honorable Richard M Gergel on 12/17/2018.(sshe, )
December 18, 2018 Opinion or Order Filing 31 ORDER granting #24 Motion for Kristen A. Monsell to Appear Pro Hac Vice for Biological Diversity. Signed by Honorable Richard M Gergel on 12/17/2018.(sshe, )
December 14, 2018 Filing 29 MOTION to Appear Pro Hac Vice by Blakely E. Hildebrand ( Filing fee $ 250 receipt number 0420-8160871) by Defenders of Wildlife, North Carolina Coastal Federation, One Hundred Miles, South Carolina Coastal Conservation League. Response to Motion due by 12/28/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application/Affidavit for Admission Hildebrand, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order - PHV Hildebrand)Proposed order is being emailed to chambers with copy to opposing counsel.(Wannamaker, Catherine)
December 14, 2018 Opinion or Order Filing 28 ORDER granting #20 Motion for Brettny Hardy to Appear Pro Hac Vice for Sierra Club, Surfrider Foundation. Signed by Honorable Richard M Gergel on 12/13/2018.(sshe, )
December 14, 2018 Opinion or Order Filing 27 ORDER granting #19 Motion for Stephen D. Mashuda to Appear Pro Hac Vice for Sierra Club, Surfrider Foundation. Signed by Honorable Richard M Gergel on 12/13/2018.(sshe, )
December 14, 2018 Opinion or Order Filing 26 ORDER granting #18 Motion for Thomas J. Perrelli to Appear Pro Hac Vice for Oceana. Signed by Honorable Richard M Gergel on 12/13/2018.(sshe, )
December 14, 2018 Opinion or Order Filing 25 ORDER granting #17 Motion for Patrick W. Pearsall to Appear Pro Hac Vice for Oceana. Signed by Honorable Richard M Gergel on 12/13/2018.(sshe, )
December 14, 2018 Filing 24 MOTION to Appear Pro Hac Vice by Kristen A. Monsell ( Filing fee $ 250 receipt number 0420-8160663) by Center for Biological Diversity. Response to Motion due by 12/28/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application/Affidavit for Admission Monsell, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order - PHV Monsell)Proposed order is being emailed to chambers with copy to opposing counsel.(Wannamaker, Catherine)
December 14, 2018 Opinion or Order Filing 23 ORDER granting #16 Motion for William K. Dreher to Appear Pro Hac Vice for Oceana. Signed by Honorable Richard M Gergel on 12/13/2018.(sshe, )
December 14, 2018 Opinion or Order Filing 22 ORDER granting #15 Motion for Sarah V. Fort to Appear Pro Hac Vice for Natural Resources Defense Council Inc. Signed by Honorable Richard M Gergel on 12/13/2018.(sshe, )
December 14, 2018 Opinion or Order Filing 21 ORDER granting #14 Motion for Mitchell S. Bernard to Appear Pro Hac Vice for Natural Resources Defense Council Inc. Signed by Honorable Richard M Gergel on 12/13/2018.(sshe, )
December 12, 2018 Filing 20 MOTION to Appear Pro Hac Vice by Brettny Hardy ( Filing fee $ 250 receipt number 0420-8156652) by Sierra Club, Surfrider Foundation. Response to Motion due by 12/27/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Wannamaker, Catherine)
December 12, 2018 Filing 19 MOTION to Appear Pro Hac Vice by Stephen D. Mashuda ( Filing fee $ 250 receipt number 0420-8156575) by Sierra Club, Surfrider Foundation. Response to Motion due by 12/27/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Wannamaker, Catherine)
December 12, 2018 Filing 18 MOTION to Appear Pro Hac Vice by Thomas J. Perrelli ( Filing fee $ 250 receipt number 0420-8156290) by Oceana. Response to Motion due by 12/27/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application/Affidavit for Admission Perrelli, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order - PHV Perrelli)Proposed order is being emailed to chambers with copy to opposing counsel.(Wannamaker, Catherine) (Attachment 3 replaced on 12/13/2018) (sshe, ).
December 12, 2018 Filing 17 MOTION to Appear Pro Hac Vice by Patrick W. Pearsall ( Filing fee $ 250 receipt number 0420-8156239) by Oceana. Response to Motion due by 12/27/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application/Affidavit for Admission Pearsall, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order - PHV Pearsall)Proposed order is being emailed to chambers with copy to opposing counsel.(Wannamaker, Catherine)
December 12, 2018 Filing 16 MOTION to Appear Pro Hac Vice by William K. Dreher ( Filing fee $ 250 receipt number 0420-8156109) by Oceana. Response to Motion due by 12/27/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application/Affidavit for Admission Dreher, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order - PHV Dreher)Proposed order is being emailed to chambers with copy to opposing counsel.(Wannamaker, Catherine)
December 12, 2018 Filing 15 MOTION to Appear Pro Hac Vice by Sarah V. Fort ( Filing fee $ 250 receipt number 0420-8155684) by Natural Resources Defense Council Inc. Response to Motion due by 12/27/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Wannamaker, Catherine) Modified on 12/13/2018 to edit docket text as requested by filing user(sshe, ). Modified on 12/13/2018 to replace with corrected document as requested and provided by filing user(sshe, ).
December 12, 2018 Filing 14 MOTION to Appear Pro Hac Vice by Mitchell S. Bernard ( Filing fee $ 250 receipt number 0420-8155656) by Natural Resources Defense Council Inc. Response to Motion due by 12/27/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Application for Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Wannamaker, Catherine)
December 11, 2018 Filing 68 Filed for reference as to (original)COMPLAINT against National Marine Fisheries Service, Chris Oliver, Wilbur Ross ( Filing fee $ 400 receipt number 0420-8151518, filed as of 12/11/2018 in 2:18-cv-03327-RMG, consolidated with 2:18-cv-03326-RMG on 12/28/2018), filed by Seabrook Island, Town of, Beaufort, City of, Mount Pleasant, Town of, Briarcliffe Acres, Town of, Hilton Head Island, Town of, Pawleys Island, Town of, Bluffton, Town of, Folly Beach, City of, North Myrtle Beach, City of, Port Royal, Town of, Kiawah Island, Town of, South Carolina Small Business Chamber of Commerce, Edisto Beach, Town of, Charleston, City of, Awendaw, Town of, James Island, Town of, Isle of Palms, City of. Service due by 3/11/2019(sshe, )
December 11, 2018 Filing 13 NOTICE of Appearance by Catherine Moore Wannamaker on behalf of Center for Biological Diversity, Defenders of Wildlife, Natural Resources Defense Council Inc, North Carolina Coastal Federation, Oceana, One Hundred Miles, Sierra Club, South Carolina Coastal Conservation League, Surfrider Foundation (Wannamaker, Catherine)
December 11, 2018 Filing 11 Summons Issued as to All Defendants. U.S. Attorney and U.S. Attorney General. (sshe, )
December 11, 2018 Filing 10 Local Rule 26.01 Answers to Interrogatories by Surfrider Foundation.(sshe, )
December 11, 2018 Filing 9 Local Rule 26.01 Answers to Interrogatories by Sierra Club.(sshe, )
December 11, 2018 Filing 8 Local Rule 26.01 Answers to Interrogatories by Oceana.(sshe, )
December 11, 2018 Filing 7 Local Rule 26.01 Answers to Interrogatories by Center for Biological Diversity.(sshe, )
December 11, 2018 Filing 6 Local Rule 26.01 Answers to Interrogatories by Natural Resources Defense Council Inc.(sshe, )
December 11, 2018 Filing 5 Local Rule 26.01 Answers to Interrogatories by One Hundred Miles.(sshe, )
December 11, 2018 Filing 4 Local Rule 26.01 Answers to Interrogatories by North Carolina Coastal Federation.(sshe, )
December 11, 2018 Filing 3 Local Rule 26.01 Answers to Interrogatories by Defenders of Wildlife.(sshe, )
December 11, 2018 Filing 2 Local Rule 26.01 Answers to Interrogatories by South Carolina Coastal Conservation League.(sshe, )
December 11, 2018 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0420-8151492.), filed by North Carolina Coastal Federation, Defenders of Wildlife, South Carolina Coastal Conservation League, One Hundred Miles. Service due by 3/11/2019(sshe, )

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Search for this case: South Carolina Coastal Conservation League et al v. Ross et al
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Defendant: Wilbur Ross
Represented By: Alison C Finnegan
Represented By: Beth Drake
Represented By: Jonelle M Dilley
Represented By: Marissa A Piropato
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Defendant: National Marine Fisheries Service
Represented By: Alison C Finnegan
Represented By: Beth Drake
Represented By: Jonelle M Dilley
Represented By: Marissa A Piropato
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Defendant: Chris Oliver
Represented By: Alison C Finnegan
Represented By: Beth Drake
Represented By: Jonelle M Dilley
Represented By: Marissa A Piropato
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Plaintiff: South Carolina Coastal Conservation League
Represented By: Catherine Moore Wannamaker
Represented By: Blakely Elizabeth Hildebrand
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Plaintiff: North Carolina Coastal Federation
Represented By: Catherine Moore Wannamaker
Represented By: Blakely Elizabeth Hildebrand
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Plaintiff: One Hundred Miles
Represented By: Catherine Moore Wannamaker
Represented By: Blakely Elizabeth Hildebrand
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Plaintiff: Sierra Club
Represented By: Catherine Moore Wannamaker
Represented By: Brettny Hardy
Represented By: Stephen D Mashuda
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Plaintiff: Surfrider Foundation
Represented By: Catherine Moore Wannamaker
Represented By: Brettny Hardy
Represented By: Stephen D Mashuda
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Plaintiff: Defenders of Wildlife
Represented By: Catherine Moore Wannamaker
Represented By: Blakely Elizabeth Hildebrand
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Plaintiff: Center for Biological Diversity
Represented By: Catherine Moore Wannamaker
Represented By: Kristen A Monsell
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Plaintiff: Natural Resources Defense Council Inc
Represented By: Catherine Moore Wannamaker
Represented By: Sarah V Fort
Represented By: Mitchell S Bernard
Represented By: Gabriel Jackson Daly
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Plaintiff: Oceana
Represented By: Catherine Moore Wannamaker
Represented By: Patrick W Pearsall
Represented By: William K Dreher
Represented By: Thomas J Perrelli
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Plaintiff: Briarcliffe Acres, Town of
Represented By: Amy Elizabeth Armstrong
Represented By: Leslie Lenhardt
Represented By: Benjamin David Cunningham
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Plaintiff: Kiawah Island, Town of
Represented By: Amy Elizabeth Armstrong
Represented By: Leslie Lenhardt
Represented By: Benjamin David Cunningham
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Plaintiff: Isle of Palms, City of
Represented By: Amy Elizabeth Armstrong
Represented By: Leslie Lenhardt
Represented By: Benjamin David Cunningham
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Plaintiff: Beaufort, City of
Represented By: Amy Elizabeth Armstrong
Represented By: Leslie Lenhardt
Represented By: Benjamin David Cunningham
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Plaintiff: Awendaw, Town of
Represented By: Amy Elizabeth Armstrong
Represented By: Leslie Lenhardt
Represented By: Benjamin David Cunningham
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Plaintiff: Seabrook Island, Town of
Represented By: Amy Elizabeth Armstrong
Represented By: Leslie Lenhardt
Represented By: Benjamin David Cunningham
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Plaintiff: Folly Beach, City of
Represented By: Amy Elizabeth Armstrong
Represented By: Leslie Lenhardt
Represented By: Benjamin David Cunningham
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Plaintiff: James Island, Town of
Represented By: Amy Elizabeth Armstrong
Represented By: Leslie Lenhardt
Represented By: Benjamin David Cunningham
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Plaintiff: Mount Pleasant, Town of
Represented By: Amy Elizabeth Armstrong
Represented By: Leslie Lenhardt
Represented By: Benjamin David Cunningham
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Plaintiff: Edisto Beach, Town of
Represented By: Amy Elizabeth Armstrong
Represented By: Leslie Lenhardt
Represented By: Benjamin David Cunningham
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Plaintiff: Hilton Head Island, Town of
Represented By: Amy Elizabeth Armstrong
Represented By: Leslie Lenhardt
Represented By: Benjamin David Cunningham
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Plaintiff: Pawleys Island, Town of
Represented By: Amy Elizabeth Armstrong
Represented By: Leslie Lenhardt
Represented By: Benjamin David Cunningham
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Plaintiff: South Carolina Small Business Chamber of Commerce
Represented By: Amy Elizabeth Armstrong
Represented By: Leslie Lenhardt
Represented By: Benjamin David Cunningham
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Plaintiff: Charleston, City of
Represented By: Amy Elizabeth Armstrong
Represented By: Leslie Lenhardt
Represented By: Benjamin David Cunningham
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Plaintiff: Port Royal, Town of
Represented By: Amy Elizabeth Armstrong
Represented By: Leslie Lenhardt
Represented By: Benjamin David Cunningham
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Plaintiff: Bluffton, Town of
Represented By: Amy Elizabeth Armstrong
Represented By: Leslie Lenhardt
Represented By: Benjamin David Cunningham
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Plaintiff: North Myrtle Beach, City of
Represented By: Amy Elizabeth Armstrong
Represented By: Benjamin David Cunningham
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Intervenor defendant: WesternGeco LLC
Represented By: Sean Houseal
Represented By: Ryan P Steen
Represented By: Jason T Morgan
Represented By: Richard Edwin Morton
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Intervenor defendant: Spectrum Geo Inc.
Represented By: Sean Houseal
Represented By: Ryan P Steen
Represented By: Jason T Morgan
Represented By: Richard Edwin Morton
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Intervenor defendant: TGS-NOPEC Geophysical Company
Represented By: Sean Houseal
Represented By: Ryan P Steen
Represented By: Jason T Morgan
Represented By: Richard Edwin Morton
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Intervenor defendant: American Petroleum Institute
Represented By: Sean Houseal
Represented By: Ryan P Steen
Represented By: Jason T Morgan
Represented By: Richard Edwin Morton
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Intervenor defendant: GX Technology Corporation
Represented By: Sean Houseal
Represented By: Ryan P Steen
Represented By: Jason T Morgan
Represented By: Richard Edwin Morton
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Intervenor defendant: CGG Services (U.S.) Inc.
Represented By: Sean Houseal
Represented By: Ryan P Steen
Represented By: Jason T Morgan
Represented By: Richard Edwin Morton
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Intervenor defendant: International Association of Geophysical Contractors
Represented By: Sean Houseal
Represented By: Ryan P Steen
Represented By: Jason T Morgan
Represented By: Richard Edwin Morton
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Intervenor plaintiff: New Jersey, State of
Represented By: William Jefferson Leath, Jr
Represented By: Dianna Elizabeth Shinn
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Intervenor plaintiff: Delaware, State of
Represented By: David J Lyons
Represented By: Jameson A L Tweedie
Represented By: William Jefferson Leath, Jr
Represented By: Ilona M Kirshon
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Intervenor plaintiff: New York, State of
Represented By: Andrew Gerard Frank
Represented By: William Jefferson Leath, Jr
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Intervenor plaintiff: Commonwealth of Virginia
Represented By: Paul Jr Kugelman
Represented By: William Jefferson Leath, Jr
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Intervenor plaintiff: North Carolina, State of
Represented By: Marc David Bernstein
Represented By: Ryan Young Park
Represented By: William H Harkins, Jr
Represented By: William Jefferson Leath, Jr
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Intervenor plaintiff: Maine, State of
Represented By: William Jefferson Leath, Jr
Represented By: Margaret A Bensinger
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Intervenor plaintiff: Connecticut, State of
Represented By: William Jefferson Leath, Jr
Represented By: Daniel Salton
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Intervenor plaintiff: Commonwealth of Massachusetts
Represented By: Megan Marie Herzog
Represented By: Matthew C Ireland
Represented By: William Jefferson Leath, Jr
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Intervenor plaintiff: State of South Carolina ex rel Alan Wilson, Attorney General
Represented By: Thomas Parkin C Hunter
Represented By: James Emory Smith, Jr
Represented By: Robert Dewayne Cook
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Intervenor plaintiff: Maryland, State of
Represented By: Joshua Morris Segal
Represented By: Emily Allison Vainieri
Represented By: John B Howard, Jr
Represented By: William Jefferson Leath, Jr
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Petitioner: Sunset Beach, Town of
Represented By: G Grady Richardson, Jr
Represented By: Christy Ford Allen
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Petitioner: Oak Island, Town of
Represented By: G Grady Richardson, Jr
Represented By: Christy Ford Allen
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Petitioner: Caswell Beach, Town of
Represented By: G Grady Richardson, Jr
Represented By: Christy Ford Allen
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