Noem et al v. Haaland et al
Plaintiff: South Dakota and Governor Kristi Noem
Defendant: Deb Haaland, Herbert Frost, Shawn Benge and Shannon A. Estenoz
Intervenor Defendant: Steve Vance and Cheyenne River Sioux Tribe
Amicus Curiae: State of Kansas
Case Number: 3:2021cv03009
Filed: April 30, 2021
Court: US District Court for the District of South Dakota
Presiding Judge: Roberto A Lange
Nature of Suit: Other Statutes: Administrative Procedures Act/ Review or Appeal of Agency Decision
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 2, 2021 Opinion or Order Filing 54 OPINION AND ORDER denying #3 Motion for Preliminary Injunction. Signed by Chief Judge Roberto A. Lange on 6/2/2021. (CLR)
May 26, 2021 Opinion or Order Filing 53 ORDER granting #48 Motion for Admission Pro Hac Vice of Attorney Brant M. Laue for State of Kansas. Signed by Chief Judge Roberto A. Lange on 05/26/2021. (LH)
May 26, 2021 Opinion or Order Filing 52 ORDER granting #45 Motion for Admission Pro Hac Vice of Attorney James F. Hasson for Kristi Noem, and for South Dakota. Signed by Chief Judge Roberto A. Lange on 05/26/2021. (LH)
May 24, 2021 Filing 51 BRIEF by Amicus State of Kansas (Moore, James)
May 24, 2021 Opinion or Order Filing 50 ORDER granting #47 Motion for Leave to File Amicus Curiae Brief. Signed by Chief Judge Roberto A. Lange on 5/24/2021. (CLR)
May 23, 2021 Filing 49 REPLY to Motion Response re #3 MOTION for Preliminary Injunction filed by Kristi Noem, South Dakota. (Hruska, Katie)
May 21, 2021 Filing 48 MOTION for Attorney Brant M. Laue to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3550602) by State of Kansas. (Moore, James)
May 21, 2021 Filing 47 MOTION for Leave to TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS by State of Kansas. (Attachments: #1 Attachment Brief of Amici Curiae of Kansas, Alabama, Arizona, Arkansas, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, Tennessee, Texas, and West Virginia in Support of Plaintiffs) (Moore, James)
May 21, 2021 Filing 46 NOTICE of Appearance by James E. Moore on behalf of State of Kansas. (Moore, James)
May 21, 2021 Filing 45 MOTION for Attorney James F. Hasson to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3550237) by Kristi Noem, South Dakota. (Hruska, Katie)
May 20, 2021 Filing 44 ANSWER to #1 Complaint by Cheyenne River Sioux Tribe, Steve Vance. (Charging-Davison, Leonika)
May 20, 2021 Opinion or Order Filing 43 ORDER granting in part #30 Motion to Intervene. Signed by Chief Judge Roberto A. Lange on 5/20/2021. (CLR)
May 19, 2021 Opinion or Order Filing 42 ORDER granting #36 Defendants' Motion to Seal. Signed by Chief Judge Roberto A. Lange on 5/19/2021. (CLR)
May 19, 2021 Opinion or Order Filing 41 ORDER granting #28 Motion for Admission Pro Hac Vice of Attorney Amber E. Holland for Cheyenne River Sioux Tribe and Steve Vance. Signed by Chief Judge Roberto A. Lange on 5/18/2021. (CLR)
May 19, 2021 Opinion or Order Filing 40 ORDER granting #27 Motion for Admission Pro Hac Vice of Attorney Calandra S. McCool for Cheyenne River Sioux Tribe and Steve Vance. Signed by Chief Judge Roberto A. Lange on 5/18/2021. (CLR)
May 19, 2021 Opinion or Order Filing 39 ORDER granting #26 Motion for Admission Pro Hac Vice of Attorney Rose M. Weckenmann for Cheyenne River Sioux Tribe and Steve Vance. Signed by Chief Judge Roberto A. Lange on 5/18/2021. (CLR)
May 19, 2021 Opinion or Order Filing 38 ORDER granting #25 Motion for Admission Pro Hac Vice of Attorney Nicole E. Ducheneaux for Cheyenne River Sioux Tribe and Steve Vance. Signed by Chief Judge Roberto A. Lange on 5/18/2021. (CLR)
May 18, 2021 Filing 37 MEMORANDUM in Opposition re #3 MOTION for Preliminary Injunction {Proposed Opposition] filed by Cheyenne River Sioux Tribe, Steve Vance. (Charging-Davison, Leonika)
May 18, 2021 Filing 36 MOTION to Seal Document by Shawn Benge, Shannon A. Estenoz, Herbert Frost, Deb Haaland. (Attachments: #1 sealed attachment, #2 proposed order) (TAL)
May 18, 2021 Filing 35 DECLARATION of HERBERT C. FROST re #34 Memorandum in Opposition to Motion . (Attachments: #1 Exhibit 1 - 2020 EA, #2 Exhibit 2 - 1/15/20 Tribal Consult. Mtg., #3 Exhibit 3 - 2/20/20/Tribal Consult. Mtg., #4 Exhibit 4 - 2/21/20 Tribal Consult Mtg., #5 Exhibit 5 - 1/2/20 Lower Brule Sioux Tribe Ltr., #6 Exhibit 6 - 2/7/20 Yankton Sioux Tribe Ltr., #7 Exhibit 7 - 5/19/20 Standing Rock Sioux Tribe Ltr., #8 Exhibit 8 - 6/24/20 Rosebud Sioux Tribe Ltr., #9 Exhibit 9 - 3/8/21 COVID-19 Health Updates, #10 Exhibit 10 - 7/3/20 Event Photo, #11 Exhibit 11 - Perchlorate Test Results, #12 Exhibit 12 - Resource Order, #13 Exhibit 13 - 3/1/21 Fire Outlook, #14 Exhibit 14 - 2020 Permit) (Ryan, Diana) (Attachment 12 replaced on 5/19/2021) (CLR).
May 18, 2021 Filing 34 MEMORANDUM in Opposition re #3 MOTION for Preliminary Injunction filed by All Defendants. (Ryan, Diana)
May 16, 2021 Filing 33 REPLY to Motion Response re #30 MOTION to Intervene filed by Cheyenne River Sioux Tribe, Steve Vance. (Charging-Davison, Leonika)
May 14, 2021 Filing 32 MEMORANDUM in Opposition re #30 MOTION to Intervene filed by Kristi Noem, South Dakota. (Hruska, Katie)
May 13, 2021 Filing 31 MEMORANDUM in Support re #30 MOTION to Intervene filed by Cheyenne River Sioux Tribe, Steve Vance. (Attachments: #1 Attachment Declaration of Steve Vance) (Charging-Davison, Leonika)
May 13, 2021 Filing 30 MOTION to Intervene by Cheyenne River Sioux Tribe, Steve Vance. (Attachments: #1 Proposed Order [Proposed] Order, #2 Attachment [Proposed] Answer) (Charging-Davison, Leonika)
May 13, 2021 Filing 29 FILED IN ERROR - MOTION to Intervene by Cheyenne River Sioux Tribe, Steve Vance. (Charging-Davison, Leonika) Modified on 5/14/2021 (SKK).
May 13, 2021 Filing 28 MOTION for Attorney Amber E. Holland to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3545214) by Cheyenne River Sioux Tribe, Steve Vance. (Charging-Davison, Leonika)
May 13, 2021 Filing 27 MOTION for Attorney Calandra S. McCool to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3545213) by Cheyenne River Sioux Tribe, Steve Vance. (Charging-Davison, Leonika) Modified on 5/14/2021 to add name of attorney (SKK).
May 13, 2021 Filing 26 MOTION for Attorney Rose M. Weckenmann to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3545212) by Cheyenne River Sioux Tribe, Steve Vance. (Charging-Davison, Leonika)
May 13, 2021 Filing 25 MOTION for Attorney Nicole E. Ducheneaux to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3545211) by Cheyenne River Sioux Tribe, Steve Vance. (Charging-Davison, Leonika)
May 13, 2021 Filing 24 NOTICE of Appearance by Leonika Rose Charging-Davison on behalf of Steve Vance, Cheyenne River Sioux Tribe. (Charging-Davison, Leonika)
May 13, 2021 Filing 23 ANSWER to #1 Complaint by All Defendants. (Ryan, Diana)
May 13, 2021 NOTICE of Filing Error: #29 Motion to Intervene was filed in error and should be disregarded. (Charging-Davison, Leonika)
May 11, 2021 Filing 22 AFFIDAVIT of Service of Summons in a Civil Action; Notice, Consent, and Reference of a Civil Action to a Magistrate Judge; Complaint; Civil Cover Sheet; Plaintiffs' Motion for Preliminary Injunction; Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction; Declaration of Katie Hruska; Exhibits; Declaration of James Hagen; Declaration of Kennedy Noem; and Proposed Order served on Shannon A. Estenoz, in her official capacity as Principal Deputy Assistant Secretary of the Interior for Fish and Wildlife and Parks on 05/05/2021, filed by Kristi Noem, South Dakota. (Hruska, Katie)
May 11, 2021 Filing 21 AFFIDAVIT of Service of Summons in a Civil Action; Notice, Consent, and Reference of a Civil Action to a Magistrate Judge; Complaint; Civil Cover Sheet; Plaintiffs' Motion for Preliminary Injunction; Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction; Declaration of Katie Hruska; Exhibits; Declaration of James Hagen; Declaration of Kennedy Noem; and Proposed Order served on Shawn Benge, in his official capacity as acting Director and Deputy Director of Operations of the National Park Service on 05/05/2021, filed by Kristi Noem, South Dakota. (Hruska, Katie)
May 11, 2021 Filing 20 AFFIDAVIT of Service of Summons in a Civil Action; Notice, Consent, and Reference of a Civil Action to a Magistrate Judge; Complaint; Civil Cover Sheet; Plaintiffs' Motion for Preliminary Injunction; Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction; Declaration of Katie Hruska; Exhibits; Declaration of James Hagen; Declaration of Kennedy Noem; and Proposed Order served on Deb Haaland, in her official capacity as United States Secretary of the Interior on 05/05/2021, filed by Kristi Noem, South Dakota. (Hruska, Katie)
May 11, 2021 Filing 19 AFFIDAVIT of Service of Summons in a Civil Action; Notice, Consent, and Reference of a Civil Action to a Magistrate Judge; Complaint; Civil Cover Sheet; Plaintiffs' Motion for Preliminary Injunction; Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction; Declaration of Katie Hruska; Exhibits; Declaration of James Hagen; Declaration of Kennedy Noem; and Proposed Order served on Merrick Garland, Attorney General of the United States on 05/03/2021, filed by Kristi Noem, South Dakota. (Hruska, Katie)
May 6, 2021 Opinion or Order Filing 18 ORDER granting #8 Motion to Expedite. Signed by Chief Judge Roberto A. Lange on 5/6/2021. (CLR) Modified on 5/6/2021 delivered to AUSA Maher via email (CLR).
May 6, 2021 Filing 17 RESPONSE to Motion re #8 MOTION to Expedite Briefing Schedule For Plaintiffs Motion For Preliminary Injunction (Defendants' Objection) filed by All Defendants. (Ryan, Diana)
May 6, 2021 Filing 16 NOTICE of Appearance by Diana J. Ryan on behalf of All Defendants. (Ryan, Diana)
May 5, 2021 Opinion or Order Filing 15 ORDER granting #11 Motion for Admission Pro Hac Vice of Attorney Bryan K. Weir for Kristi Noem,Bryan K. Weir for South Dakota. Signed by Chief Judge Roberto A. Lange on 05/05/2021. (LH)
May 5, 2021 Opinion or Order Filing 14 ORDER granting #10 Motion for Admission Pro Hac Vice of Attorney Jeffrey M. Harris for Kristi Noem,Jeffrey M. Harris for South Dakota. Signed by Chief Judge Roberto A. Lange on 05/05/2021. (LH)
May 5, 2021 Opinion or Order Filing 13 ORDER granting #9 Motion for Admission Pro Hac Vice of Attorney Mark Miller for Kristi Noem,Mark Miller for South Dakota. Signed by Chief Judge Roberto A. Lange on 05/05/2021. (LH)
May 5, 2021 Filing 12 AFFIDAVIT of Service of Summons in a Civil Action; Notice, Consent, and Reference of a Civil Action to a Magistrate Judge; Complaint; Civil Cover Sheet; Plaintiffs' Motion for Preliminary Injunction; Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction; Declaration of Katie Hruska; Exhibits; Declaration of James Hagen; Declaration of Kennedy Noem; and Proposed Order served on Acting United States Attorney for the District of South Dakota Dennis Holmes on 04/30/2021, filed by Kristi Noem, South Dakota. (Hruska, Katie)
May 4, 2021 Filing 11 MOTION for Attorney Bryan K. Weir to be Admitted Pro Hac Vice (includes a request to waive the fee) by Kristi Noem, South Dakota. (Hruska, Katie)
May 4, 2021 Filing 10 MOTION for Attorney Jeffrey M. Harris to be Admitted Pro Hac Vice (includes a request to waive the fee) by Kristi Noem, South Dakota. (Hruska, Katie)
May 4, 2021 Filing 9 MOTION for Attorney Mark Miller to be Admitted Pro Hac Vice (includes a request to waive the fee) by Kristi Noem, South Dakota. (Hruska, Katie)
May 4, 2021 NOTICE of Filing Error: #7 Motion for Admission Pro Hac Vice, #6 Motion for Admission Pro Hac Vice, #5 Motion for Admission Pro Hac Vice was filed in error and should be disregarded. (Hruska, Katie)
May 3, 2021 Filing 8 MOTION to Expedite Briefing Schedule For Plaintiffs Motion For Preliminary Injunction by Kristi Noem, South Dakota. (Hruska, Katie)
May 3, 2021 Filing 7 FILED IN ERROR - MOTION for Attorney Bryan K. Weir to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3536627) by Kristi Noem, South Dakota. (Hruska, Katie) Modified on 5/4/2021 (SKK).
May 3, 2021 Filing 6 FILED IN ERROR - MOTION for Attorney Jeffrey M. Harris to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3536622) by Kristi Noem, South Dakota. (Hruska, Katie) Modified on 5/4/2021 (SKK).
May 3, 2021 Filing 5 FILED IN ERROR - MOTION for Attorney Mark Miller to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3536574) by Kristi Noem, South Dakota. (Hruska, Katie) Modified on 5/4/2021 (SKK).
April 30, 2021 Filing 4 Summons Issued as to USA. Summmons(es), AO 85, and Rule 73 Memo delivered to plaintiff's counsel via electronic delivery to plaintiffs attorney. (Attachments: #1 Summons Haaland, #2 Summons Benge, #3 Summons Estenoz, #4 Summons Frost, #5 AO 85)(SKK)
April 30, 2021 Filing 3 MOTION for Preliminary Injunction by Kristi Noem, South Dakota. (Attachments: #1 Memorandum of Law in Support of Motion for Preliminary Injunction, #2 Declaration of Katie Hruska, #3 Declaration of Kennedy Noem, #4 Declaration of James Hagen, #5 Proposed Order) (Hruska, Katie)
April 30, 2021 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS(ES) by Kristi Noem, South Dakota. (Hruska, Katie)
April 30, 2021 Filing 1 COMPLAINT, $402 fee paid, receipt# ASDDC-3534610, in shell case on 4/30/2021 filed by Kristi Noem, South Dakota on 4/30/2021. (SLT)

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Search for this case: Noem et al v. Haaland et al
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Plaintiff: South Dakota
Represented By: Katie J. Hruska
Represented By: James F. Hasson
Represented By: Jeffrey M. Harris
Represented By: Bryan K. Weir
Represented By: Mark Miller
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Plaintiff: Governor Kristi Noem
Represented By: Katie J. Hruska
Represented By: James F. Hasson
Represented By: Jeffrey M. Harris
Represented By: Bryan K. Weir
Represented By: Mark Miller
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Defendant: Deb Haaland
Represented By: Diana J. Ryan
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Defendant: Herbert Frost
Represented By: Diana J. Ryan
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Defendant: Shawn Benge
Represented By: Diana J. Ryan
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Defendant: Shannon A. Estenoz
Represented By: Diana J. Ryan
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Intervenor defendant: Steve Vance
Represented By: Nicole E. Ducheneaux
Represented By: Leonika Rose Charging-Davison
Represented By: Amber E. Holland
Represented By: Rose M. Weckenmann
Represented By: Calandra S. McCool
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Intervenor defendant: Cheyenne River Sioux Tribe
Represented By: Nicole E. Ducheneaux
Represented By: Leonika Rose Charging-Davison
Represented By: Amber E. Holland
Represented By: Rose M. Weckenmann
Represented By: Calandra S. McCool
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Amicus curiae: State of Kansas
Represented By: Brant M. Laue
Represented By: James E. Moore
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