State of Texas et al v. U.S. Department of Transportation et al
| State of Texas and Texas Department of Transportation |
| U.S. Department of Transportation, Federal Highway Administration, Shailen Bhatt and Pete Buttigieg |
| American Road and Transportation Builders Association and Associated General Contractors of America, Inc. |
| 5:2023cv00304 |
| December 19, 2023 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
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Filing 23
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14399483) filed by American Road and Transportation Builders Association, Associated General Contractors of America, Inc. (Attachments: #1 Proposed Order)Attorney Megan H Berge added to party American Road and Transportation Builders Association(pty:mov), Attorney Megan H Berge added to party Associated General Contractors of America, Inc.(pty:mov) (Berge, Megan)
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Filing 22
Unopposed MOTION for Leave to File Brief of Amici Curiae in Support of the Plaintiffs' #18 Motion for Summary Judgment filed by American Road and Transportation Builders Association, Associated General Contractors of America, Inc. (Attachments: #1 Exhibit(s) A - Brief of Amici Curiae, #2 Exhibit(s) B- Proposed Order Granting Motion for Leave to File Brief of Amici Curiae). Party American Road and Transportation Builders Association and Associated General Contractors of America, Inc. added with Attorney Matthew G. Sheridan. (Sheridan, Matthew) Docket text modified on 2/16/2024 (twd).
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Filing 21
ORDER granting #20 Motion to Stay Deadline to Respond to Complaint. The Court hereby stays the defendants' deadline to file their answer or otherwise respond to the plaintiffs' complaint (Dkt. No. 1). (Ordered by Judge James Wesley Hendrix on 2/15/2024) (bdg)
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Filing 20
Unopposed MOTION to Stay Deadline to Respond to Complaint filed by Shailen Bhatt, Pete Buttigieg, Federal Highway Administration, U.S. Department of Transportation (Attachments: #1 Proposed Order) (Clendenen, Michael)
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Filing 19
Brief/Memorandum in Support filed by State of Texas, Texas Department of Transportation re #18 MOTION for Summary Judgment with separate supporting brief (Harrell, Logan)
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Filing 18
MOTION for Summary Judgment with separate supporting brief filed by State of Texas, Texas Department of Transportation (Harrell, Logan)
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Filing 17
ORDER: Before the Court is Texass Notice of Withdrawal of Motion for Preliminary Injunction. Dkt. No. 16. The Court has construed this notice as a motion to withdraw the request for a preliminary injunction. In light of the parties' representations to the Court (see Dkt. No. 13), the Court grants the motion. The Court instructs the Clerk of Court to terminate the plaintiffs' request for a preliminary injunction (Dkt. No. 9) as withdrawn. (Ordered by Judge James Wesley Hendrix on 2/8/2024) (bdg)
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Filing 16
MOTION to Withdraw #9 MOTION for Injunction Enjoining the Effectiveness, Implementation, and Enforcement of the 2023 Greenhouse Gas Rule filed by State of Texas, Texas Department of Transportation (Harrell, Logan)
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Filing 15
Administrative Record consisting of Administrative Record filed by Shailen Bhatt, Pete Buttigieg, Federal Highway Administration, U.S. Department of Transportation. (Attachments: #1 Cover Sheet Administrative Record Index, #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s), #5 Additional Page(s), #6 Additional Page(s), #7 Additional Page(s), #8 Additional Page(s), #9 Additional Page(s), #10 Additional Page(s), #11 Additional Page(s), #12 Additional Page(s), #13 Additional Page(s), #14 Additional Page(s), #15 Additional Page(s), #16 Additional Page(s), #17 Additional Page(s), #18 Additional Page(s), #19 Additional Page(s), #20 Additional Page(s), #21 Additional Page(s)) (Clendenen, Michael)
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Filing 14
ORDER: The Court vacates the deadlines set by its prior scheduling order (Dkt. No. 12). The defendants are ordered to file the administrative record, or a notice affirming the record's non-existence, by no later than January 31, 2024. The plaintiffs are ordered to file their motion for summary judgment by no later than February 9, 2024. The defendants are ordered to file their combined response to the plaintiffs' motion, and to file their own cross-motion for summary judgment, by no later than February 20, 2024. The plaintiffs are ordered to file their combined response to the defendants' motion for summary judgment, and their reply in support of their own motion, by no later than February 27, 2024. Finally, the defendants are ordered to file their reply in support of their own motion no later than March 5, 2024. The Court recognizes that the parties have deferred to the Court about the necessity of a hearing. See Dkt. No. 13 at 2. If necessary, the Court will set a hearing at a later date. (Ordered by Judge James Wesley Hendrix on 1/26/2024) (bdg)
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Filing 13
STATUS REPORT TEXAS'S ADVISORY TO THE COURT filed by State of Texas. (Harrell, Logan)
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Filing 12
***VACATED PER ORDER - DOC. NO. 14*** ORDER: Given that this case involves questions under the Administrative Procedure Act and a challenge to a final rule, the defendants are hereby ordered to file the administrative record for the final rule in question by no later than January 31, 2024. If there is no administrative record, the defendants must file a notice with the Court affirming that no administrative record exists by that same date. The Court recognizes that the parties have deferred to the Court about the necessity of a hearing. See Dkt. No. 11 at 2. If necessary, the Court will set a hearing at a later date. (Ordered by Judge James Wesley Hendrix on 1/19/2024) (bdg) Modified on 1/26/2024 (bdg).
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Filing 11
Second STATUS REPORT filed by State of Texas, Texas Department of Transportation. (Harrell, Logan)
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Filing 10
Appendix in Support filed by State of Texas, Texas Department of Transportation re #9 MOTION for Injunction Enjoining the Effectiveness, Implementation, and Enforcement of the 2023 Greenhouse Gas Rule (Harrell, Logan)
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Filing 9
MOTION for Injunction Enjoining the Effectiveness, Implementation, and Enforcement of the 2023 Greenhouse Gas Rule filed by State of Texas, Texas Department of Transportation with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Proposed Order) (Harrell, Logan)
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Filing 8
ORDER: Should the plaintiffs request emergency relief from the Court, the Court orders the plaintiffs to confer with the defendants and to prepare a status report for the Court that provides: (1) a proposed briefing schedule regarding the plaintiffs' motion; (2) the parties' position on whether the Court may resolve the motion on the papers alone; (3) a proposed hearing date, if a hearing is desired or necessary; (4) an explanation of whether any hearing would be evidentiary in nature; (5) if so, a general description of what evidence the parties plan to submit; (6) whether, and to what extent, expedited discovery is necessary; and (7) whether the Court should advance to trial on the merits and consolidate trial with the preliminary injunction hearing. The plaintiffs shall file the status report no later than Friday, January 19, at 12:00 p.m. (Ordered by Judge James Wesley Hendrix on 1/17/2024) (bmh)
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Filing 7
STATUS REPORT filed by State of Texas, Texas Department of Transportation. (Harrell, Logan)
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Filing 6
NOTICE of Attorney Appearance by Michael Patrick Clendenen on behalf of Shailen Bhatt, Pete Buttigieg, Federal Highway Administration, U.S. Department of Transportation. (Filer confirms contact info in ECF is current.) (Clendenen, Michael)
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Filing 5
ORDER: Roughly three weeks have passed since the complaint was filed, and there have been no filings or updates. Accordingly, by no later than January 16, 2024, the Plaintiffs are ordered to provide a report addressing the status of this case. (Ordered by Judge James Wesley Hendrix on 1/8/2024) (krr)
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Filing 4
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Texas, Texas Department of Transportation. (Clerk QC note: No affiliate entered in ECF). (Harrell, Logan)
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Filing 3
Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (bdg)
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Filing 2
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (bdg)
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Filing 1
COMPLAINT against All Defendants filed by State of Texas, Texas Department of Transportation. (Filing fee $405; Receipt number ATXNDC-14258086) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Cover Sheet) (Harrell, Logan)
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