State of Texas et al v. United States Environmental Protection Agency et al
| STATE OF TEXAS, Texas Commission On Environmental Quality, Railroad Commission of Texas, Texas Department of Agriculture, Texas General Land Office, Texas Department Of Transportation, American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Leading Builders of America, Matagorda County Farm Bureau, National Association of Home Builders, National Association of REALTORS, National Cattlemens Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, Public Lands Council, Texas Farm Bureau, U.S. Poultry and Egg Association, National Apartment Association and State of Idaho |
| United States Environmental Protection Agency, Michael Regan, United States Army Corps Of Engineers, Lieutenant General Scott A Spellmon, Michael L Connor and Michael S Regan |
| Bayou City Waterkeeper |
| 3:2023cv00017 |
| January 18, 2023 |
| US District Court for the Southern District of Texas |
| Jeffrey V Brown |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on March 19, 2023. A more recent docket listing may be available from PACER.
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Filing 59
SURREPLY to #13 MOTION for Preliminary Injunction, filed by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Leading Builders of America, Matagorda County Farm Bureau, National Apartment Association, National Association of Home Builders, National Association of REALTORS, National Cattlemens Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, Public Lands Council, Railroad Commission of Texas, State of Idaho, State of Texas, Texas Commission on Environmental Quality, Texas Department of Agriculture, Texas Department of Transportation, Texas Farm Bureau, Texas General Land Office, U.S. Poultry and Egg Association. (Ahmed, Jessica)
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Filing 58
Notice of Filing of Official Transcript as to #55 Transcript,. Party notified, filed. (LuciaSmith, 3)
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Filing 57
SURREPLY to #13 MOTION for Preliminary Injunction, filed by Michael L Connor, Michael S Regan, Scott A Spellmon, United States Army Corps of Engineers, United States Environmental Protection Agency. (Izfar, Sarah)
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Filing 56
NOTICE of Appearance by Kristen Schlemmer on behalf of Bayou City Waterkeeper, filed. (Powis, Jennifer)
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Filing 55
TRANSCRIPT re: Hearing on Plaintiffs' Motion for Preliminary Injunction held on March 15, 2023 before Judge Jeffrey V Brown. Court Reporter/Transcriber Laura Wells. Ordering Party Ms. Sonya Shea and Ms. Caroline Crow Release of Transcript Restriction set for 6/14/2023., filed. (Wells, Laura)
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Filing 54
AO 435 TRANSCRIPT REQUEST by Bayou City Waterkeeper/Caroline Crow for Transcript of Hearing on Motion for Preliminary Injunction, (3/15/23), Judge Jeffrey V. Brown. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Laura Wells, filed. (Crow, Caroline)
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Filing 53
AO 435 TRANSCRIPT REQUEST by United States/Sonya J. Shea for Transcript of Motion hearing on 3/15/2023 before Judge Brown. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Laura Wells, filed. (Shea, Sonya)
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Filing 52
Transcript Order Request by Michael L Connor, Michael S Regan, Scott A Spellmon, United States Army Corps of Engineers, United States Environmental Protection Agency, filed.(Shea, Sonya)
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Minute Entry for proceedings held before Judge Jeffrey V Brown. Proceedings held on 3/15/2023. Motion taken under advisement. Appearances: Kevin Scott Ranlett, James Brian Danford, Jr, Timothy S Bishop, Stuart Gillespie, Sarah Izfar, Andrew J Doyle, Jessica Amber Ahmed, Henry Carl Myers, Logan Harrell, Joshua N. Turner.(Court Reporter: Laura Wells), filed.(GeorgeCardenas, 3)
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Filing 51
NOTICE of Appearance by H. Carl Myers on behalf of Railroad Commission of Texas, State of Texas, Texas Commission on Environmental Quality, Texas Department of Agriculture, Texas Department of Transportation, Texas General Land Office, filed. (Myers, Henry)
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Filing 50
REPLY in Support of #13 MOTION for Preliminary Injunction, filed by Railroad Commission of Texas, State of Idaho, State of Texas, Texas Commission on Environmental Quality, Texas Department of Agriculture, Texas Department of Transportation, Texas General Land Office. (Attachments: #1 Exhibit 11 - Additional Excerpts of Economic Analysis, #2 Exhibit 12 - Supplemental Declaration - Booher)(Ahmed, Jessica)
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Filing 49
REPLY to Response to #13 MOTION for Preliminary Injunction, filed by American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders Association, Associated General Contractors of America, Leading Builders of America, Matagorda County Farm Bureau, National Apartment Association, National Association of Home Builders, National Association of REALTORS, National Cattlemens Beef Association, National Corn Growers Association, National Mining Association, National Multifamily Housing Council, National Pork Producers Council, National Stone, Sand and Gravel Association, Public Lands Council, Texas Farm Bureau, U.S. Poultry and Egg Association. (Ranlett, Kevin)
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Filing 48
NOTICE Intervenor-Defendant's Designation of Counsel for Oral Argument March 15, 2023 by Bayou City Waterkeeper, filed. (Powis, Jennifer)
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Filing 47
ORDER granting #44 Motion for Joshua N. Turner to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 46
ORDER granting #42 Motion for Lincoln Davis Wilson to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 45
ORDER granting #33 Motion for David M.S. Dewhirst to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 44
MOTION for Joshua N. Turner to Appear Pro Hac Vice by State of Idaho, filed. Motion Docket Date 3/29/2023. (Turner, Joshua)
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Filing 43
ORDER granting #41 Motion to Withdraw as Attorney. Attorney Mark Andrew Steinbach terminated.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 42
MOTION for Lincoln Davis Wilson to Appear Pro Hac Vice by State of Idaho, filed. Motion Docket Date 3/27/2023. (Wilson, Lincoln)
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Filing 41
MOTION for Mark A. Steinbach to Withdraw as Attorney by Railroad Commission of Texas, State of Texas, Texas Commission on Environmental Quality, Texas Department of Agriculture, Texas Department of Transportation, Texas General Land Office, filed. Motion Docket Date 3/27/2023. (Attachments: #1 Proposed Order)(Ahmed, Jessica)
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Filing 40
RESPONSE in Opposition to #13 MOTION for Preliminary Injunction, filed by Michael L Connor, Michael S Regan, Scott A Spellmon, United States Army Corps of Engineers, United States Environmental Protection Agency. (Attachments: #1 Exhibit 1 - Text of 1986 Regulations, #2 Exhibit 2 - Rapanos Guidance, #3 Exhibit 3 - History of the Effects of Litigation, #4 Exhibit 4 - 2023 Rule Text, #5 Exhibit 5 - Econ. Analysis Excerpts, #6 Exhibit 6 - 2023 Rule RTC Excerpts, #7 Exhibit 7 - Corps Guidance Letter Excerpts, #8 Exhibit 8 - Corps Impact Analysis, #9 Proposed Order)(Shea, Sonya)
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Filing 39
RESPONSE in Opposition to #13 MOTION for Preliminary Injunction, filed by Bayou City Waterkeeper. (Attachments: #1 Exhibit Exhibit 1 to Intervenor-Defendants' Opposition to Plaintiffs' Request for Preliminary Injunction, #2 Exhibit Exhibit 2 to Intervenor-Defendants' Opposition to Plaintiffs' Request for Preliminary Injunction)(Powis, Jennifer)
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Filing 38
RETURN of Service of SUMMONS Executed as to Michael L Connor served on 2/15/2023, answer due 4/17/2023; Michael S Regan served on 2/15/2023, answer due 4/17/2023; Scott A Spellmon served on 2/15/2023, answer due 4/17/2023; United States Army Corps of Engineers served on 2/15/2023, answer due 4/17/2023; United States Environmental Protection Agency served on 2/15/2023, answer due 4/17/2023, filed. (Attachments: #1 Affidavit of Service - Merrick Garland, #2 Affidavit of Service - EPA, #3 Affidavit of Service - Michael S. Regan, #4 Affidavit of Service - U.S. Army Corps of Engineers, #5 Affidavit of Service - Michael L. Connor, #6 Affidavit of Service Scott A. Spellmon)(Ranlett, Kevin)
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Filing 37
ORDER granting #35 Motion for Extension of Time; Motion-related deadline set re: #35 MOTION for Extension of Time To File Combined Opposition to Plaintiffs' Request for Preliminary Injunction..(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 36
ORDER granting #34 Motion to Supplement.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 35
MOTION for Extension of Time To File Combined Opposition to Plaintiffs' Request for Preliminary Injunction by Bayou City Waterkeeper, filed. Motion Docket Date 3/21/2023. (Attachments: #1 Proposed Order Proposed Order Granting Motion for Extension of Time)(Powis, Jennifer)
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Filing 34
Unopposed MOTION to Supplement as to #13 MOTION for Preliminary Injunction by Railroad Commission of Texas, State of Idaho, State of Texas, Texas Commission on Environmental Quality, Texas Department of Agriculture, Texas Department of Transportation, Texas General Land Office, filed. Motion Docket Date 3/20/2023. (Attachments: #1 Exhibit 7, #2 Exhibit 8, #3 Exhibit 9, #4 Exhibit 10, #5 Proposed Order)(Ahmed, Jessica)
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Filing 33
MOTION for David Dewhirst to Appear Pro Hac Vice by State of Idaho, filed. Motion Docket Date 3/20/2023. (Ahmed, Jessica)
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Filing 32
First AMENDED COMPLAINT against All Defendants filed by Texas Commission on Environmental Quality, State of Texas, Texas Department of Transportation, Railroad Commission of Texas, Texas Department of Agriculture, Texas General Land Office, State of Idaho. Related document: #1 Complaint, filed by State of Texas, Texas Department of Agriculture, Railroad Commission of Texas, Texas General Land Office, Texas Commission on Environmental Quality, Texas Department of Transportation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Ahmed, Jessica)
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Filing 31
NOTICE of Filing Certified Index to the Administrative Record by Michael L Connor, Michael S Regan, Scott A Spellmon, United States Army Corps of Engineers, United States Environmental Protection Agency, filed. (Attachments: #1 Unredacted attachment Certified Index to the Administrative Record)(Shea, Sonya)
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Filing 30
ORDER granting #20 Motion to Intervene.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 29
CERTIFICATE OF INTERESTED PARTIES by Michael L Connor, Michael S Regan, Scott A Spellmon, United States Army Corps of Engineers, United States Environmental Protection Agency, filed.(Higgins, Elliot)
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Filing 28
NOTICE of Setting re: #13 MOTION for Preliminary Injunction. Parties notified. Motion Hearing set for 3/15/2023 at 10:30 AM in Sixth Floor Courtroom Galveston before Judge Jeffrey V Brown, filed. (GeorgeCardenas, 3)
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Filing 27
ORDER TO CONSOLIDATE CASES: Lead Case No. 3:23-cv-17 and Member Case No. 3:23-cv-20 (Signed by Judge Jeffrey V Brown) Parties notified. (VanesaAranda, 3)
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Filing 26
ORDER granting #24 Motion for Stuart Gillespie to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 25
ORDER granting #22 Motion for Adrienne Y. Lee to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 24
MOTION for Stuart C. Gillespie to Appear Pro Hac Vice by Bayou City Waterkeeper, filed. Motion Docket Date 3/3/2023. (Gillespie, Stuart)
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Filing 23
Unopposed MOTION to Consolidate Lead Case No. 3:23-cv-17 and Member Case No. 3:23-cv-20, Unopposed MOTION for Extension of Time Response to Plaintiffs' Preliminary Injunction Motions, Unopposed MOTION for Leave to File Excess Pages( Motion Docket Date 3/3/2023.) by Michael L Connor, Michael S Regan, Scott A Spellmon, United States Army Corps of Engineers, United States Environmental Protection Agency, filed. (Attachments: #1 Proposed Order)(Izfar, Sarah)
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Filing 22
MOTION for Adrienne Y. Lee to Appear Pro Hac Vice by Bayou City Waterkeeper, filed. Motion Docket Date 3/3/2023. (Lee, Adrienne)
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Filing 21
CORPORATE DISCLOSURE STATEMENT by Bayou City Waterkeeper, filed.(Crow, Caroline)
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Filing 20
MOTION to Intervene by Bayou City Waterkeeper, filed. Motion Docket Date 3/2/2023. (Attachments: #1 Proposed Order ORDER GRANTING APPLICANT-INTERVENOR-DEFENDANTS MOTION TO INTERVENE, #2 Exhibit 1 to APPLICANT-INTERVENOR-DEFENDANTS MOTION TO INTERVENE, #3 Exhibit 2 to APPLICANT-INTERVENOR-DEFENDANTS MOTION TO INTERVENE, #4 Exhibit 3 to APPLICANT-INTERVENOR-DEFENDANTS MOTION TO INTERVENE, #5 Exhibit 4 to APPLICANT-INTERVENOR-DEFENDANTS MOTION TO INTERVENE)(Crow, Caroline)
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Filing 19
ORDER granting #12 Motion for Elliot Higgins to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 18
ORDER granting #10 Motion for Andrew J. Doyle to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 17
ORDER granting #8 Motion for Sonya J. Shea to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 16
ORDER granting #7 Motion for Hubert T. Lee to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 15
ORDER granting #6 Motion for Sarah Izfar to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 14
ORDER granting #2 Motion for Logan Harrell to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 3)
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Filing 13
MOTION for Preliminary Injunction by Railroad Commission of Texas, State of Texas, Texas Commission on Environmental Quality, Texas Department of Agriculture, Texas Department of Transportation, Texas General Land Office, filed. Motion Docket Date 2/28/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Proposed Order)(Ahmed, Jessica)
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Filing 12
MOTION for Elliot Higgins to Appear Pro Hac Vice by Michael L Connor, Michael S Regan, Scott A Spellmon, United States Army Corps of Engineers, United States Environmental Protection Agency, filed. Motion Docket Date 2/28/2023. (Higgins, Elliot)
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Filing 11
CERTIFICATE OF INTERESTED PARTIES by Railroad Commission of Texas, State of Texas, Texas Commission on Environmental Quality, Texas Department of Agriculture, Texas Department of Transportation, Texas General Land Office, filed.(Ahmed, Jessica)
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Filing 10
Corrected MOTION for Andrew J. Doyle to Appear Pro Hac Vice by Michael L Connor, Michael S Regan, Scott A Spellmon, United States Army Corps of Engineers, United States Environmental Protection Agency, filed. Motion Docket Date 2/16/2023. (Doyle, Andrew)
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Filing 9
MOTION for Andrew J. Doyle to Appear Pro Hac Vice by Michael L Connor, Michael S Regan, Scott A Spellmon, United States Army Corps of Engineers, United States Environmental Protection Agency, filed. Motion Docket Date 2/16/2023. (Doyle, Andrew)
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Filing 8
MOTION for Sonya Shea to Appear Pro Hac Vice by Michael L Connor, Michael S Regan, Scott A Spellmon, United States Army Corps of Engineers, United States Environmental Protection Agency, filed. Motion Docket Date 2/16/2023. (Izfar, Sarah)
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Filing 7
MOTION for Hubert Lee to Appear Pro Hac Vice by Michael L Connor, Michael S Regan, Scott A Spellmon, United States Army Corps of Engineers, United States Environmental Protection Agency, filed. Motion Docket Date 2/16/2023. (Izfar, Sarah)
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Filing 6
MOTION for Sarah Izfar to Appear Pro Hac Vice by Michael L Connor, Michael S Regan, Scott A Spellmon, United States Army Corps of Engineers, United States Environmental Protection Agency, filed. Motion Docket Date 2/16/2023. (Izfar, Sarah)
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Filing 5
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/5/2023 at 09:00 AM by video before Magistrate Judge Andrew M Edison (Signed by Judge Jeffrey V Brown) Parties notified. (VanesaAranda, 3)
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Filing 4
Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed.(VanesaAranda, 3)
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Filing 3
Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Continuation Request for Summons - Regan, #2 Continuation Request for Summons - US Army Corps of Engineers, #3 Continuation Request for Summons - Spellmon, #4 Continuation Request for Summons - Connor)(Ahmed, Jessica)
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Filing 2
MOTION for Logan Harrell to Appear Pro Hac Vice by Railroad Commission of Texas, STATE OF TEXAS, Texas Commission On Environmental Quality, Texas Department Of Transportation, Texas Department of Agriculture, Texas General Land Office, filed. Motion Docket Date 2/8/2023. (Ahmed, Jessica)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-29337508) filed by Texas Department Of Transportation, Railroad Commission of Texas, Texas Commission On Environmental Quality, STATE OF TEXAS, Texas Department of Agriculture, Texas General Land Office. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet)(Ahmed, Jessica)
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