Wild Virginia et al v. Council on Environmental Quality et al
| Mountaintrue, Alliance for the Shenandoah Valley, The Clinch Coalition, South Carolina Wildlife Federation, Clean Air Carolina, Alabama Rivers Alliance, Haw River Assembly, Cape Fear River Watch, Defenders of Wildlife, Virginia Wilderness Committee, Congaree Riverkeeper, North Carolina Wildlife Federation, National Trust for Historic Preservation, Upstate Forever, Cowpasture River Preservation Association, Highlanders for Responsible Development and Wild Virginia |
| Mary Neumayr and Council on Environmental Quality |
| American Petroleum Institute, Federal Forest Resource Council, National Cattlemen's Beef Association, American Fuel & Petrochemical Manufacturers, American Road & Transportation Builders Association, American Farm Bureau Federation, Chamber of Commerce of the United States of America, Interstate Natural Gas Association of America and American Forest Resource Council |
| Southern Ute Indian Tribe |
| 3:2020cv00045 |
| July 29, 2020 |
| US District Court for the Western District of Virginia |
| James P Jones |
| Norman K Moon |
| Pamela Meade Sargent |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 |
| None |
Docket Report
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Filing 98
ORDER denying #52 Motion to Dismiss for Lack of Jurisdiction; denying #56 Motion to Dismiss for Lack of Jurisdiction; denying #96 Motion for Status Conference; and the Proposed Schedule set forth in Defendants Response, ECF No. 97, is ADOPTED by the Court. Signed by Judge James P. Jones on 9/21/20. (ejs)
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| IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click #here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800- 676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at #NextGen Information. (mzc) (ADI) |
| Filing 97 RESPONSE to Motion re #96 MOTION for Hearing Status Conference . filed by Council on Environmental Quality, Mary Neumayr. (Samford, Barclay) |
| Filing 96 MOTION for Hearing Status Conference by Alabama Rivers Alliance, Alliance for the Shenandoah Valley, Cape Fear River Watch, Clean Air Carolina, Congaree Riverkeeper, Cowpasture River Preservation Association, Defenders of Wildlife, Haw River Assembly, Highlanders for Responsible Development, Mountaintrue, National Trust for Historic Preservation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, The Clinch Coalition, Upstate Forever, Virginia Wilderness Committee, Wild Virginia. Motions referred to Judge Pamela Meade Sargent. (Hunter, Kimberley) |
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Filing 95
ORDER granting #93 MOTION to Appear Pro Hac Vice ; granting #94 MOTION to Appear Pro Hac Vice Attorney David C. Smith, and Thomas H. Shipps added for Southern Ute Indian Tribe Signed by Magistrate Judge Pamela Meade Sargent on 9/14/20. (ejs)
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| Filing 94 MOTION for Thomas H. Shipps to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3485257. by Southern Ute Indian Tribe. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Text of Proposed Order)(Churchill, Mark) |
| Filing 93 MOTION for David C. Smith to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3485256. by Southern Ute Indian Tribe. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Text of Proposed Order)(Churchill, Mark) |
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Filing 92
OPINION AND ORDER denying #30 Motion for Preliminary Injunction Signed by Judge James P. Jones on 9/11/2020. (lml)
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| Filing 91 Amicus Curiae Brief filed by The Southern Ute Indian Tribe. (hnw) |
| Filing 90 REPLY to Response to Motion re #52 MOTION to Dismiss for Lack of Jurisdiction . filed by Council on Environmental Quality, Mary Neumayr. (Samford, Barclay) |
| Filing 89 Reply re #75 Brief / Memorandum in Opposition, #74 Brief / Memorandum in Opposition,, Reply in Support of Motion for Preliminary Injunction or Stay. filed by Alabama Rivers Alliance, Alliance for the Shenandoah Valley, Cape Fear River Watch, Clean Air Carolina, Congaree Riverkeeper, Cowpasture River Preservation Association, Defenders of Wildlife, Haw River Assembly, Highlanders for Responsible Development, Mountaintrue, National Trust for Historic Preservation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, The Clinch Coalition, Upstate Forever, Virginia Wilderness Committee, Wild Virginia. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hunter, Kimberley) |
| Filing 88 REPLY to Response to Motion re #56 MOTION to Dismiss for Lack of Jurisdiction . filed by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, National Cattlemen's Beef Association. (Rogaczewski, Joshua) |
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Filing 87
MINUTE ORDER granting #86 Unopposed Motion of Southern Ute Indian Tribe for Leave to File Amicus Curiae Brief. The Clerk shall file the brief attached to the motion. Signed by Judge James P. Jones on 9/9/2020. (JPJ)
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| Filing 86 MOTION for Leave to File Amicus Curiae Brief (Unopposed), by Southern Ute Indian Tribe. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit Ex. 1 - Amicus Curiae Brief, #2 Text of Proposed Order)(Churchill, Mark) |
| Filing 85 Transcript Copy Delivered re #82 Transcript Request, (jm) |
| Filing 84 TRANSCRIPT of Proceedings: Motions held on 9/4/2020 before Judge Jones. Court Reporter/Transcriber JoRita Meyer, Telephone number 540-857-5100, ext. 5311, JoRitaM@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 9/28/2020. Redacted Transcript Deadline set for 10/8/2020. Release of Transcript Restriction set for 12/7/2020. (jm) |
| Filing 83 Financial arrangements made (Copy) (3 Days Service) re #82 Transcript Request, Transcript due by 9/8/2020. (jm) |
| Filing 82 TRANSCRIPT REQUEST (3 Day Service) by Council on Environmental Quality, Mary Neumayr for Motion Hearing held on 9/4/2020 reported by Court Reporter JoRita Meyer, OCR before Judge Judge James P. Jones. Transcript Due Deadline will be set when Financial Arrangements are made. (Samford, Barclay) |
| Filing 81 Financial arrangements made (Original) (3 Days Service) re #80 Transcript Request,,, Transcript due by 9/8/2020. (jm) |
| Filing 80 TRANSCRIPT REQUEST (3 Day Service) by Alabama Rivers Alliance, Alliance for the Shenandoah Valley, Cape Fear River Watch, Clean Air Carolina, Congaree Riverkeeper, Cowpasture River Preservation Association, Defenders of Wildlife, Haw River Assembly, Highlanders for Responsible Development, Mountaintrue, National Trust for Historic Preservation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, The Clinch Coalition, Upstate Forever, Virginia Wilderness Committee, Wild Virginia for Motions Hearing held on 09/04/2020 reported by Court Reporter JoRita Meyer, OCR before Judge James P. Jones. Transcript Due Deadline will be set when Financial Arrangements are made. (Hunter, Kimberley) |
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Filing 79
ORAL ORDER taking under advisement #30 Motion for Preliminary Injunction; taking under advisement #52 Motion to Dismiss for Lack of Jurisdiction; taking under advisement #56 Motion to Dismiss for Lack of Jurisdiction Entered by Judge James P. Jones on 9/4/20. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(flc)
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| Filing 78 Minute Entry for proceedings held before Judge James P. Jones: Motion Hearing via Video Conference held on 9/4/2020 re #30 MOTION for Preliminary Injunction filed by Congaree Riverkeeper, Alabama Rivers Alliance, North Carolina Wildlife Federation, Mountaintrue, Upstate Forever, Clean Air Carolina, Virginia Wilderness Committee, Highlanders for Responsible Development, Haw River Assembly, Alliance for the Shenandoah Valley, South Carolina Wildlife Federation, Cowpasture River Preservation Association, The Clinch Coalition, National Trust for Historic Preservation, Wild Virginia, Defenders of Wildlife, Cape Fear River Watch, #56 MOTION to Dismiss for Lack of Jurisdiction filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Forest Resource Council, Chamber of Commerce of the United States of America, American Farm Bureau Federation, Interstate Natural Gas Association of America, Federal Forest Resource Council, National Cattlemen's Beef Association, American Road & Transportation Builders Association, #52 MOTION to Dismiss for Lack of Jurisdiction filed by Mary Neumayr, Council on Environmental Quality. (Court Reporter: JoRita Meyer, OCR) (flc) |
| Filing 77 RESPONSE in Opposition re #56 MOTION to Dismiss for Lack of Jurisdiction , #52 MOTION to Dismiss for Lack of Jurisdiction Corrected Response in Opposition to Motions to Dismiss. filed by Alabama Rivers Alliance, Alliance for the Shenandoah Valley, Cape Fear River Watch, Clean Air Carolina, Congaree Riverkeeper, Cowpasture River Preservation Association, Defenders of Wildlife, Haw River Assembly, Highlanders for Responsible Development, Mountaintrue, National Trust for Historic Preservation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, The Clinch Coalition, Upstate Forever, Virginia Wilderness Committee, Wild Virginia. (Hunter, Kimberley) |
| Filing 76 NOTICE by Alabama Rivers Alliance, Alliance for the Shenandoah Valley, Cape Fear River Watch, Clean Air Carolina, Congaree Riverkeeper, Cowpasture River Preservation Association, Defenders of Wildlife, Haw River Assembly, Highlanders for Responsible Development, Mountaintrue, National Trust for Historic Preservation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, The Clinch Coalition, Upstate Forever, Virginia Wilderness Committee, Wild Virginia Notice of Errata (Hunter, Kimberley) |
| Filing 75 Brief / Memorandum in Opposition re #30 MOTION for Preliminary Injunction . filed by Council on Environmental Quality, Mary Neumayr. (Attachments: #1 Declaration in Support Declaration of Amy Coyle, #2 Declaration in Support Declaration of Steven Peterson, #3 Declaration in Support Declaration of William Manger)(Samford, Barclay) |
| Filing 74 Brief / Memorandum in Opposition re #30 MOTION for Preliminary Injunction . filed by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, National Cattlemen's Beef Association. (Rogaczewski, Joshua) |
| Filing 73 RESPONSE in Opposition re #56 MOTION to Dismiss for Lack of Jurisdiction , #52 MOTION to Dismiss for Lack of Jurisdiction . filed by Alabama Rivers Alliance, Alliance for the Shenandoah Valley, Cape Fear River Watch, Clean Air Carolina, Congaree Riverkeeper, Cowpasture River Preservation Association, Defenders of Wildlife, Haw River Assembly, Highlanders for Responsible Development, Mountaintrue, National Trust for Historic Preservation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, The Clinch Coalition, Upstate Forever, Virginia Wilderness Committee, Wild Virginia. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hunter, Kimberley) |
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Filing 72
ORDER granting #37 Motion to Intervene Signed by Judge James P. Jones on 8/31/20. (ejs) Modified on 9/1/2020 Corrected signing Judge to reflect Judge Jones instead of Judge Sargent (ejs).
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Filing 71
ORDER granting #68 MOTION to Appear Pro Hac Vice Signed by Magistrate Judge Pamela Meade Sargent on 8/28/20. (ejs)
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| Filing 70 Transcript Copy Delivered re #51 Transcript Request, (mb) |
| Filing 69 TRANSCRIPT of Proceedings: Motions Hearing - Conference Call held on <<8/24/2020 before Judge Urbanski. Court Reporter/Transcriber Mary J. Butenschoen, Telephone number 540-857-5100 Ext. 5312. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 9/18/2020. Redacted Transcript Deadline set for 9/28/2020. Release of Transcript Restriction set for 11/27/2020. (mb) |
| Filing 68 MOTION for Michael B. Kimberly to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3473078. by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, National Cattlemen's Beef Association. Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Text of Proposed Order)(Rogaczewski, Joshua) |
| Filing 67 NOTICE of Appearance by Clare Marie Boronow on behalf of All Defendants (Boronow, Clare) |
| Filing 66 NOTICE by Alabama Rivers Alliance, Alliance for the Shenandoah Valley, Cape Fear River Watch, Clean Air Carolina, Congaree Riverkeeper, Cowpasture River Preservation Association, Defenders of Wildlife, Haw River Assembly, Highlanders for Responsible Development, Mountaintrue, National Trust for Historic Preservation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, The Clinch Coalition, Upstate Forever, Virginia Wilderness Committee, Wild Virginia re #37 Notice of Consent to Intervention (Hunter, Kimberley) |
| Filing 65 Financial arrangements made (Copy) (3 Days Service) re #51 Transcript Request, Transcript due by 8/31/2020. (mb) |
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Filing 64
MINUTE ORDER denying #41 MOTION to Appear Pro Hac Vice without prejudice to refilling a motion complying with W.D.Va. Local Rule 6(d). Signed by Magistrate Judge Pamela Meade Sargent on 8/26/20. (PMS)
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Filing 63
MINUTE ORDER denying #40 MOTION to Appear Pro Hac Vice without prejudice to refilling a motion complying with W.D.Va. Local Rule 6(d). Signed by Magistrate Judge Pamela Meade Sargent on 8/26/20. (PMS)
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Filing 62
MINUTE ORDER finding as moot #32 Motion for Extension of Time to File based on #35 Order Entered by Magistrate Judge Pamela Meade Sargent on 8/26/20. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ejs)
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| Filing 61 NOTICE RESCHEDULING HEARING ON MOTIONS #37 MOTION to Intervene as Defendants, #30 MOTION for Preliminary Injunction (CR) previously set for 9/4/2020 at 10:00 a.m. before Chief Judge Michael F. Urbanski: Motion Hearing via Video Conference reset for 9/4/2020 at 10:00 a.m. before Judge James P. Jones. (flc) |
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Filing 60
ORDER TRANSFERRING CASE. Case transferred to Judge James P. Jones for all further proceedings. Chief Judge Michael F. Urbanski no longer assigned to case. Signed by Chief Judge Michael F. Urbanski on 8/26/20. (mka)
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| Filing 59 Brief / Memorandum in Support re #52 MOTION to Dismiss for Lack of Jurisdiction CORRECTED Brief in Support. filed by Council on Environmental Quality, Mary Neumayr. (Samford, Barclay) |
| Filing 58 NOTICE by Council on Environmental Quality, Mary Neumayr re #53 Notice of Errata (Samford, Barclay) |
| Filing 57 Brief / Memorandum in Support re #56 MOTION to Dismiss for Lack of Jurisdiction . filed by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, National Cattlemen's Beef Association. (Rogaczewski, Joshua) |
| Filing 56 MOTION to Dismiss for Lack of Jurisdiction by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, National Cattlemen's Beef Association. (Rogaczewski, Joshua) |
| Filing 55 NOTICE of Appearance by Allen Michael Brabender on behalf of Council on Environmental Quality, Mary Neumayr (Brabender, Allen) |
| Filing 54 NOTICE of Appearance by Jeffrey Bossert Clark on behalf of Council on Environmental Quality, Mary Neumayr (Clark, Jeffrey) |
| Filing 53 Brief / Memorandum in Support re #52 MOTION to Dismiss for Lack of Jurisdiction . filed by Council on Environmental Quality, Mary Neumayr. (Samford, Barclay) |
| Filing 52 MOTION to Dismiss for Lack of Jurisdiction by Council on Environmental Quality, Mary Neumayr. (Samford, Barclay) |
| Filing 51 TRANSCRIPT REQUEST (3 Day Service) by Council on Environmental Quality for Telephonic Status Conference held on August 24, 2020 reported by Court Reporter Mary Butenschoen before Judge Chief Judge Michael F. Urbanski. Transcript Due Deadline will be set when Financial Arrangements are made. (Samford, Barclay) |
| Filing 50 Financial arrangements made (Original) (3 Days Service) re #49 Transcript Request,,, Transcript due by 8/28/2020. (mb) |
| Filing 49 TRANSCRIPT REQUEST (3 Day Service) by Alabama Rivers Alliance, Alliance for the Shenandoah Valley, Cape Fear River Watch, Clean Air Carolina, Congaree Riverkeeper, Cowpasture River Preservation Association, Defenders of Wildlife, Haw River Assembly, Highlanders for Responsible Development, Mountaintrue, National Trust for Historic Preservation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, The Clinch Coalition, Upstate Forever, Virginia Wilderness Committee, Wild Virginia for Status Conference held on 08/24/20 reported by Court Reporter Mary Butenschoen before Judge Michael Urbanski, CUSDJ. Transcript Due Deadline will be set when Financial Arrangements are made. (Hunter, Kimberley) |
| Filing 48 Negative Corporate Disclosure Statement by American Farm Bureau Federation (Rogaczewski, Joshua) |
| Filing 47 NOTICE of Hearing on Motion #30 MOTION for Preliminary Injunction , #37 MOTION to Intervene as Defendants : (CR) (No Interpreter requested) #If this is a video conference click here for guidance re: participation via ZoomZoomGov Motion Hearing set for 9/4/2020 10:00 AM before Chief Judge Michael F. Urbanski. (mka) |
| Filing 46 Minute Entry for proceedings held before Chief Judge Michael F. Urbanski: Status Conference held on 8/24/2020. (Court Reporter: Mary Butenschoen) (mka) |
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Filing 45
ORAL ORDER transferring this case to Chief Judge Urbanski. The telephonic status conference scheduled this day at 2:30 p.m. will remain set and will be before Chief Judge Urbanski. Entered by Senior Judge Norman K. Moon on 8/24/2020. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(hnw)
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| Filing 44 Notice Rescheduling Hearing (CR) (No Interpreter requested) previously set for 8/24/20 at 2:30pm before Judge Urbanski in Roanoke Telephonic Status Conference reset for 8/24/2020 02:30 PM in Roanoke before Chief Judge Michael F. Urbanski. Dial in instructions emailed to counsel. (mka) |
| Filing 43 NOTICE of Appearance by Krista Consiglio Frith on behalf of All Defendants (Frith, Krista) |
| Filing 42 NOTICE of Appearance of Jeffrey Bossert Clark, Paul Salmanca, Matthew Oakes, Clare Boronow, Steven Barnett and Allen Brabender by Barclay Thomas Samford on behalf of Council on Environmental Quality, Mary Neumayr (Samford, Barclay) |
| Filing 41 MOTION for Matthew A. Waring to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3468307. by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, National Cattlemen's Beef Association. (Attachments: #1 Text of Proposed Order)(Rogaczewski, Joshua) |
| Filing 40 MOTION for Michael B. Kimberly to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3468304. by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, National Cattlemen's Beef Association. (Attachments: #1 Text of Proposed Order)(Rogaczewski, Joshua) |
| Filing 39 Negative Corporate Disclosure Statement by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, National Cattlemen's Beef Association (Rogaczewski, Joshua) |
| Filing 38 Brief / Memorandum in Support re #37 MOTION to Intervene as Defendants . filed by American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, Interstate Natural Gas Association of America, National Cattlemen's Beef Association. (Rogaczewski, Joshua) |
| Filing 37 MOTION to Intervene as Defendants by American Farm Bureau Federation, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Council, American Forest Resource Council, Interstate Natural Gas Association of America, National Cattlemen's Beef Association. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Rogaczewski, Joshua) |
| Filing 36 NOTICE of Hearing: (CR) #If this is a video conference click here for guidance re: participation via ZoomTELEPHONIC Status Conference set for 8/24/2020 02:30 PM in Charlottesville before Senior Judge Norman K. Moon. Parties will receive an email with dial in instructions prior to the call. (hnw) |
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Filing 35
ORDER, Defendants' Motion to Dismiss due 8/25/2020, Defendants' Response to Plaintiffs' Motion for Preliminary Injunction due 9/2/2020 Plaintiffs' Response to Defendants' Motion to Dismiss due 9/2/2020; Defendant's reply in support of their motion to dismiss due by 9/9/2020, Plaintiffs' reply Brief in support of their motion for preliminary injunction due by 9/9/2020., Hearing on Plaintiffs' Motion for Preliminary Injunction and Defendants' Motion to Dismiss set for 9/4/2020 10:00 AM in Charlottesville by Zoom hearing before Senior Judge Norman K. Moon., Parties to contact Heidi N. Wheeler regarding Status Conference for 8/24/2020 before Senior Judge Norman K. Moon.. Signed by Senior Judge Norman K. Moon on 8/21/2020. (hnw) Modified on 8/21/2020 to correct typographical error(hnw).
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| Filing 34 Reply re #32 MOTION for Extension of Time to File Response/Reply as to #30 MOTION for Preliminary Injunction . filed by Council on Environmental Quality, Mary Neumayr. (Samford, Barclay) |
| Filing 33 Reply re #31 Response in Opposition to Motion, . filed by Alabama Rivers Alliance, Alliance for the Shenandoah Valley, Cape Fear River Watch, Clean Air Carolina, Congaree Riverkeeper, Cowpasture River Preservation Association, Defenders of Wildlife, Haw River Assembly, Highlanders for Responsible Development, Mountaintrue, National Trust for Historic Preservation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, The Clinch Coalition, Upstate Forever, Virginia Wilderness Committee, Wild Virginia. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hunter, Kimberley) |
| Filing 32 MOTION for Extension of Time to File Response/Reply as to #30 MOTION for Preliminary Injunction by Council on Environmental Quality, Mary Neumayr. (Attachments: #1 Text of Proposed Order)(Samford, Barclay) |
| Filing 31 RESPONSE in Opposition re #30 MOTION for Preliminary Injunction Defendants' Opposition to Plaintiffs' Request for Expedited Briefing and Motion for Extension of Time. filed by Council on Environmental Quality, Mary Neumayr. (Samford, Barclay) |
| Filing 30 MOTION for Preliminary Injunction by Alabama Rivers Alliance, Alliance for the Shenandoah Valley, Cape Fear River Watch, Clean Air Carolina, Congaree Riverkeeper, Cowpasture River Preservation Association, Defenders of Wildlife, Haw River Assembly, Highlanders for Responsible Development, Mountaintrue, National Trust for Historic Preservation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, The Clinch Coalition, Upstate Forever, Virginia Wilderness Committee, Wild Virginia. (Attachments: #1 Brief in Support of Motion, #2 Exhibits Index, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Exhibit 42, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46, #49 Exhibit 47, #50 Exhibit 48, #51 Exhibit 49, #52 Exhibit 50, #53 Exhibit 51, #54 Exhibit 52, #55 Exhibit 53, #56 Exhibit 54, #57 Exhibit 55, #58 Exhibit 56, #59 Exhibit 57, #60 Exhibit 58)(Hunter, Kimberley) |
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Filing 29
Oral ORDER granting #24 MOTION for Sam Evans to Appear Pro Hac Vice in this case. Entered by Magistrate Judge Joel C. Hoppe on 8/4/20. (JCH)
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Filing 28
Oral ORDER granting #23 MOTION for Nicholas Torrey to Appear Pro Hac Vice in this case. Entered by Magistrate Judge Joel C. Hoppe on 8/4/20. (JCH)
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Filing 27
Oral ORDER granting #22 MOTION for Megan Kimball to Appear Pro Hac Vice in this case. Entered by Magistrate Judge Joel C. Hoppe on 8/4/20. (JCH)
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Filing 26
Oral ORDER granting #21 MOTION for Kimberley Hunter to Appear Pro Hac Vice in this case. Entered by Magistrate Judge Joel C. Hoppe on 8/4/20. (JCH)
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Filing 25
Oral ORDER REFERRING MOTIONS TO APPEAR PRO HAC VICE to Magistrate Judge Joel C. Hoppe for disposition: #22 MOTION for Megan Kimball to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3450027. filed by Congaree Riverkeeper, Alabama Rivers Alliance, North Carolina Wildlife Federation, Mountaintrue, Upstate Forever, Clean Air Carolina, Virginia Wilderness Committee, Highlanders for Responsible Development, Haw River Assembly, Alliance for the Shenandoah Valley, South Carolina Wildlife Federation, Cowpasture River Preservation Association, The Clinch Coalition, National Trust for Historic Preservation, Wild Virginia, Defenders of Wildlife, Cape Fear River Watch, #23 MOTION for Nicholas Torrey to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3450031. filed by Congaree Riverkeeper, Alabama Rivers Alliance, North Carolina Wildlife Federation, Mountaintrue, Upstate Forever, Clean Air Carolina, Virginia Wilderness Committee, Highlanders for Responsible Development, Alliance for the Shenandoah Valley, Haw River Assembly, South Carolina Wildlife Federation, Cowpasture River Preservation Association, The Clinch Coalition, National Trust for Historic Preservation, Wild Virginia, Defenders of Wildlife, Cape Fear River Watch, #24 MOTION for Sam Evans to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3450033. filed by Congaree Riverkeeper, Alabama Rivers Alliance, North Carolina Wildlife Federation, Mountaintrue, Upstate Forever, Clean Air Carolina, Virginia Wilderness Committee, Highlanders for Responsible Development, Alliance for the Shenandoah Valley, Haw River Assembly, South Carolina Wildlife Federation, Cowpasture River Preservation Association, The Clinch Coalition, National Trust for Historic Preservation, Wild Virginia, Defenders of Wildlife, Cape Fear River Watch, #21 MOTION for Kimberley Hunter to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3450016. filed by Congaree Riverkeeper, Alabama Rivers Alliance, North Carolina Wildlife Federation, Mountaintrue, Upstate Forever, Clean Air Carolina, Virginia Wilderness Committee, Highlanders for Responsible Development, Alliance for the Shenandoah Valley, Haw River Assembly, South Carolina Wildlife Federation, Cowpasture River Preservation Association, The Clinch Coalition, National Trust for Historic Preservation, Wild Virginia, Defenders of Wildlife, Cape Fear River Watch Motions referred to Joel C. Hoppe.. Entered by Senior Judge Norman K. Moon on 8/3/20. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(jcj)
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| Filing 24 MOTION for Sam Evans to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3450033. by Alabama Rivers Alliance, Alliance for the Shenandoah Valley, Cape Fear River Watch, Clean Air Carolina, Congaree Riverkeeper, Cowpasture River Preservation Association, Defenders of Wildlife, Haw River Assembly, Highlanders for Responsible Development, Mountaintrue, National Trust for Historic Preservation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, The Clinch Coalition, Upstate Forever, Virginia Wilderness Committee, Wild Virginia. (Attachments: #1 Text of Proposed Order Proposed Order)(Davis, Kristin) |
| Filing 23 MOTION for Nicholas Torrey to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3450031. by Alabama Rivers Alliance, Alliance for the Shenandoah Valley, Cape Fear River Watch, Clean Air Carolina, Congaree Riverkeeper, Cowpasture River Preservation Association, Defenders of Wildlife, Haw River Assembly, Highlanders for Responsible Development, Mountaintrue, National Trust for Historic Preservation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, The Clinch Coalition, Upstate Forever, Virginia Wilderness Committee, Wild Virginia. (Attachments: #1 Text of Proposed Order Proposed Order)(Davis, Kristin) |
| Filing 22 MOTION for Megan Kimball to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3450027. by Alabama Rivers Alliance, Alliance for the Shenandoah Valley, Cape Fear River Watch, Clean Air Carolina, Congaree Riverkeeper, Cowpasture River Preservation Association, Defenders of Wildlife, Haw River Assembly, Highlanders for Responsible Development, Mountaintrue, National Trust for Historic Preservation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, The Clinch Coalition, Upstate Forever, Virginia Wilderness Committee, Wild Virginia. (Attachments: #1 Text of Proposed Order Proposed Order)(Davis, Kristin) |
| Filing 21 MOTION for Kimberley Hunter to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3450016. by Alabama Rivers Alliance, Alliance for the Shenandoah Valley, Cape Fear River Watch, Clean Air Carolina, Congaree Riverkeeper, Cowpasture River Preservation Association, Defenders of Wildlife, Haw River Assembly, Highlanders for Responsible Development, Mountaintrue, National Trust for Historic Preservation, North Carolina Wildlife Federation, South Carolina Wildlife Federation, The Clinch Coalition, Upstate Forever, Virginia Wilderness Committee, Wild Virginia. (Attachments: #1 Text of Proposed Order Proposed Order)(Davis, Kristin) |
| Filing 20 Negative Corporate Disclosure Statement by Wild Virginia (Davis, Kristin) |
| Filing 19 Negative Corporate Disclosure Statement by Virginia Wilderness Committee (Davis, Kristin) |
| Filing 18 Negative Corporate Disclosure Statement by Upstate Forever (Davis, Kristin) |
| Filing 17 Negative Corporate Disclosure Statement by The Clinch Coalition (Davis, Kristin) |
| Filing 16 Negative Corporate Disclosure Statement by South Carolina Wildlife Federation (Davis, Kristin) |
| Filing 15 Negative Corporate Disclosure Statement by National Trust for Historic Preservation (Davis, Kristin) |
| Filing 14 Negative Corporate Disclosure Statement by North Carolina Wildlife Federation (Davis, Kristin) |
| Filing 13 Negative Corporate Disclosure Statement by Mountaintrue (Davis, Kristin) |
| Filing 12 Negative Corporate Disclosure Statement by Highlanders for Responsible Development (Davis, Kristin) |
| Filing 11 Negative Corporate Disclosure Statement by Haw River Assembly (Davis, Kristin) |
| Filing 10 Negative Corporate Disclosure Statement by Defenders of Wildlife (Davis, Kristin) |
| Filing 9 Negative Corporate Disclosure Statement by Cowpasture River Preservation Association (Davis, Kristin) |
| Filing 8 Negative Corporate Disclosure Statement by Congaree Riverkeeper (Davis, Kristin) |
| Filing 7 Negative Corporate Disclosure Statement by Cape Fear River Watch (Amended) (Davis, Kristin) |
| Filing 6 Negative Corporate Disclosure Statement by Clean Air Carolina (Davis, Kristin) |
| Filing 5 Negative Corporate Disclosure Statement by Alliance for the Shenandoah Valley (Davis, Kristin) |
| Filing 4 Negative Corporate Disclosure Statement by Alabama Rivers Alliance (Davis, Kristin) |
| Filing 3 Electronic Summons Issued as to Council on Environmental Quality NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj) |
| Filing 2 Electronic Summons Issued as to Mary Neumayr, U.S. Attorney and U.S. Attorney General. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: #1 Attorney General Electronic Summons, #2 Mary Neumayr Electronic Summons)(jcj) |
| Filing 1 COMPLAINT against Council on Environmental Quality, Mary Neumayr (Filing & Administrative fee $ 400; Receipt 0423-3448338.), filed by National Trust for Historic Preservation, Alabama Rivers Alliance, Cowpasture River Preservation Association, South Carolina Wildlife Federation, Highlanders for Responsible Development, Wild Virginia, Mountaintrue, Congaree Riverkeeper, Cape Fear River Watch, Clean Air Carolina, The Clinch Coalition, Virginia Wilderness Committee, North Carolina Wildlife Federation, Haw River Assembly, Defenders of Wildlife, Alliance for the Shenandoah Valley, Upstate Forever. (Attachments: #1 Civil Cover Sheet)(jcj) |
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