National Wildlife Refuge Association et al v. Rural Utilities Service et al
| National Wildlife Refuge Association, Driftless Area Land Conservancy and Wisconsin Wildlife Federation |
| Rural Utilities Service, Andy Berke, U.S. Army Corps of Engineers, Scott A. Spellmon, Colonel Steven Sattinger, Colonel Karl Jansen, U.S. Fish and Wildlife Service, Will Meeks, Sabrina Chandler, Colonel Jesse T. Curry and Colonel Eric Swenson |
| ITC Midwest LLC and Dairyland Power Cooperative |
| American Clean Power Association, Clean Grid Alliance and Edison Electric Institute |
| 3:2024cv00139 |
| March 6, 2024 |
| US District Court for the Western District of Wisconsin |
| William M Conley |
| Stephen L Crocker |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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Filing 98
** TEXT ONLY ORDER **As discussed at today's Zoom status conference, plaintiffs' motion for a temporary restraining order and preliminary injunction (dkt. #93 ) is DENIED, and defendants' motion to set a merits briefing schedule (dkt. #92 ) is GRANTED IN PART. The case shall proceed according to the following schedule: May 20, 2024: deadline for plaintiffs' to file an amended complaint; June 3, 2024: defendants' answers to amended complaint; June 17, 2024: opening briefs by all parties on the merits of plaintiffs' claims; June 20 or 21, 2024: court site visit to be arranged by counsel for the federal defendants; July 8, 2024: response briefs on the merits by all parties; July 22, 2024: reply briefs on the merits by all parties; August 8, 2024, at 1:00 pm: in-person hearing on the merits. Signed by District Judge William M. Conley on 5/3/2024. (lam)
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| Filing 97 Minute Entry for proceedings held before District Judge William M. Conley: Zoom Status Conference held on 5/3/2024. (Court Reporter JD.) [:23] (nln) |
| Filing 96 Brief in Opposition by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation re: #92 Motion to Vacate, filed by Andy Berke, Sabrina Chandler, Jesse T. Curry, Will Meeks, Eric Swenson, U.S. Army Corps of Engineers, Rural Utilities Service, Scott A. Spellmon, U.S. Fish and Wildlife Service (Learner, Howard) |
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Filing 95
ORDER from USCA Staying the Effectiveness of Preliminary Injunction as to #67 Notice of Appeal. (lam)
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Filing 94
** TEXT ONLY ORDER ** In light of the Seventh Circuit's ruling today, the court will hold a status conference tomorrow (May 3, 2024) at 3:00 pm by zoom video conference. The clerk's office shall send out the invitation. Signed by District Judge William M. Conley on 05/02/2024. (mfh)
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| Filing 93 Second Motion for Temporary Restraining Order and Preliminary Injunction by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation. (Attachments: #1 Exhibit 1 - 7th Circuit Order Granting Stay of Preliminary Injunction) (Learner, Howard) |
| Filing 92 Expedited Motion to Vacate the Current Briefing Schedule and to Set a Merits Briefing Schedule by Defendants Andy Berke, Sabrina Chandler, Jesse T. Curry, Will Meeks, Rural Utilities Service, Scott A. Spellmon, Eric Swenson, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service. Response due 5/8/2024. (Cullen, Kimberly) Modified on 5/1/2024. (lak) |
| Reset Deadlines as to #92 Expedited Motion to Vacate the Current Briefing Schedule and to Set a Merits Briefing Schedule. Response due 5/3/2024. (lam) |
| Filing 91 Exhibit to #89 Notice (Other), filed by Andy Berke, Sabrina Chandler, Jesse T. Curry, Will Meeks, Eric Swenson, U.S. Army Corps of Engineers, Rural Utilities Service, Scott A. Spellmon, U.S. Fish and Wildlife Service Exhibit B - Certification of USFWS Administrative Record (Attachments: #1 Exhibit USFWS AR Index) (Cullen, Kimberly) |
| Filing 90 Exhibit to #89 Notice (Other), filed by Andy Berke, Sabrina Chandler, Jesse T. Curry, Will Meeks, Eric Swenson, U.S. Army Corps of Engineers, Rural Utilities Service, Scott A. Spellmon, U.S. Fish and Wildlife Service Exhibit A - Certification of RUS Administrative Record (Attachments: #1 Exhibit RUS AR Index) (Cullen, Kimberly) |
| Filing 89 Notice by Defendants Andy Berke, Sabrina Chandler, Jesse T. Curry, Will Meeks, Rural Utilities Service, Scott A. Spellmon, Eric Swenson, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service of Lodging Administrative Records. (Cullen, Kimberly) |
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Filing 88
ORDER that the intervenor-defendants motion to stay preliminary injunction (dkt. #71 ) is DENIED. The motions to file reply briefs by both plaintiffs and intervenor-defendants (dkt. #81 and dkt. #86 ) are DENIED. Signed by District Judge William M. Conley on 4/26/2024. (lam)
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| Filing 87 Brief in Reply by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation in Support of #81 Motion for Leave to File, (Learner, Howard) |
| Filing 86 Motion to Amend/Correct #83 Response to Order, by Intervenor Defendants Dairyland Power Cooperative, ITC Midwest LLC. Response due 4/29/2024. (Attachments: #1 Exhibit A - Corrected Supplemental Brief on Notice and Comment, #2 Exhibit B - Redline of Corrected Supplemental Brief on Notice and Comment) (Jensen, Thomas) |
| Filing 85 Summons Issued as to Jesse T. Curry, Eric Swenson. (acd) |
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Filing 84
** TEXT ONLY ORDER **ORDER granting #76 Motion to Substitute Party. Jesse T. Curry substituted for Steven Sattinger. Eric Swenson substituted for Karl Jansen. Signed by District Judge William M. Conley on 04/22/2024. (acd)
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| Filing 83 Response re: #62 Order on Motion for Preliminary Injunction Intervenor Defendants' Supplemental Brief on Notice and Comment by Intervenor Defendants Dairyland Power Cooperative, ITC Midwest LLC. (Attachments: #1 Exhibit A - Order in Tohono Odham v. U.S. Dep't of Interior, No. CV-24-00034-TUC-JGZ (D. Ariz. April 16, 2024)) (Jensen, Thomas) |
| Filing 82 Response re: #62 Order on Motion for Preliminary Injunction Federal Defendants' Supplemental Brief on Notice and Comment by Defendants Andy Berke, Sabrina Chandler, Karl Jansen, Will Meeks, Rural Utilities Service, Steven Sattinger, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service. (Cullen, Kimberly) |
| Filing 81 Motion for Leave to File Reply In Support of Motion to Stay Pending Appeal by Intervenor Defendants Dairyland Power Cooperative, ITC Midwest LLC. (Attachments: #1 Proposed Reply Brief In Support of Motion for Stay Pending Appeal) (Jensen, Thomas) Modified on 4/18/2024. (lak) |
| Filing 80 Notice (with a document attached) re: Appeal, by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation . (Learner, Howard) Modified on 4/12/2024. (lak) |
| Filing 79 Brief in Opposition by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation re: #71 Motion to Stay filed by ITC Midwest LLC, Dairyland Power Cooperative (Attachments: #1 Exhibit 1 - Intervenors' 7th Circuit Motion to Stay Pending Appeal, #2 Exhibit 2 - Plaintiffs' 7th Circuit Motion to Dismiss) (Learner, Howard) |
| Filing 78 Notice by Intervenor Defendants Dairyland Power Cooperative, ITC Midwest LLC re #71 Motion to Stay re #63 Preliminary Injunction, 60 Text Only Order, #62 Order on Motion for Preliminary Injunction , #72 Brief in Support . (Jensen, Thomas) |
| Filing 77 Brief in Support of Issue being briefed, Notice and Comment Requirements by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation (Attachments: #1 Exhibit RUS-USFWS Notice of Availability 03.14.24) (Learner, Howard) |
| Filing 76 Motion to Substitute Party Defendant U.S. Army Corps of Engineers' Named District Officers by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation. Response due 4/10/2024. (Attachments: #1 Summons Summons of Jesse T. Curry, #2 Summons Summons of Eric Swenson) (Learner, Howard) |
| Filing 75 Court Reporter Certification of Seventh Circuit Transcript Information Sheet re #67 Notice of Appeal. (lam) |
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Filing 74
** TEXT ONLY ORDER **The court is in receipt of intervenor-defendants' motion to stay pending appeal and for expedited consideration (dkt. #71 ), as well as plaintiffs' request for an additional seven days to respond beyond the automatic seven-day deadline (dkt. #73 ). Given that the motion to stay reads more as a motion to reconsider, the court agrees that some extension to respond is appropriate while recognizing the intervenor-defendants' desire to expedite a request for stay by the Seventh Circuit should this court deny its motion. Accordingly, the court will extend the deadline for plaintiffs' response by three days, making it due on or before April 11th. Signed by District Judge William M. Conley on 4/2/2024. (lam)
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| Filing 73 Letter to the Court Regarding Intervenors' Motion for Stay re #71 Motion to Stay re #63 Preliminary Injunction, 60 Text Only Order, #62 Order on Motion for Preliminary Injunction by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation. Response due 4/9/2024. (Learner, Howard) |
| Filing 72 Brief in Support of #71 Motion to Stay by Intervenor Defendants Dairyland Power Cooperative, ITC Midwest LLC (Jensen, Thomas) |
| Filing 71 Motion to Stay re #63 Preliminary Injunction, 60 Text Only Order, #62 Order on Motion for Preliminary Injunction by Intervenor Defendants Dairyland Power Cooperative, ITC Midwest LLC. Response due 4/8/2024. (Jensen, Thomas) |
| USCA Case Number 24-1492 for #67 Notice of Appeal, filed by ITC Midwest LLC, Dairyland Power Cooperative. (lam) |
| Filing 70 Transmission of Notice of Appeal, Docketing Statement, Orders, Preliminary Injunction, Transcript Information Sheet and Docket Sheet to Seventh Circuit Court of Appeals re: #67 Notice of Appeal, (Attachments: #1 Docketing Statement, #2 Order No. 60, #3 Order No. 62, #4 Preliminary Injunction, #5 Transcript Information Sheet, #6 Docket Sheet) (lak) |
| Filing 69 Transcript Request Form by Intervenor Defendants Dairyland Power Cooperative, ITC Midwest LLC (Jensen, Thomas) |
| Filing 68 Appeal Information Packet. (lak) |
| Filing 67 NOTICE OF APPEAL - INTERLOCUTORY by Intervenor Defendants Dairyland Power Cooperative, ITC Midwest LLC as to #63 Preliminary Injunction, 60 Text Only Order, #62 Order on Motion for Preliminary Injunction. Filing fee of $ 605, receipt number AWIWDC-3400441 paid. Docketing Statement filed. (Attachments: #1 Docketing Statement) (Jensen, Thomas) |
| Filing 66 Transcript of Motion Hearing, held 3/22/2024 before Judge William M. Conley. Court Reporter: PCH. Please review the court's policy regarding electronic transcripts of court proceedings: see #Electronic Transcript Instructions. (jls) |
| Filing 65 Brief in Opposition by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation re: #47 Motion for Leave to File filed by Edison Electric Institute (Learner, Howard) |
| Filing 64 Brief in Opposition by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation re: #43 Motion for Leave to File filed by American Clean Power Association, Clean Grid Alliance (Learner, Howard) |
| Briefing set re: Requirement for a notice and opportunity to comment period following release of the actual February 2024 Net Benefits Analysis, FONSI, or the final actual Agreement for Exchange of Land, as well as the underlying administrative record. Plaintiffs' Supplemental Brief due 4/8/2024. Intervening defendants' Response due 4/18/2024. (jls) |
| Filing 63 PRELIMINARY INJUNCTION. Signed by District Judge William M. Conley on 03/25/2024. (mfh) |
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Filing 62
ORDER granting continuation of Preliminary Injunction and setting briefing schedule. Signed by District Judge William M. Conley on 03/25/2024. (mfh)
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| Filing 61 Minute Entry for proceedings held before District Judge William M. Conley: Motion Hearing held on 3/22/2024 re #2 Motion for Preliminary Injunction. (Court Reporter PH.) [1:38] (nln) |
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Filing 60
** TEXT ONLY ORDER ** In advance of tomorrow's hearing and consistent with the court's previous discussion with counsel on March 7, 2024, defendants are PRELIMINARILY ENJOINED from closing on any land exchange involving the Upper Mississippi River National Wildlife and Fish Refuge before the court issues its decision on the pending motion for preliminary injunction. Signed by District Judge William M. Conley on 3/21/2024. (jls)
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| Filing 59 Response to Proposed Findings of Fact filed by Defendants Andy Berke, Sabrina Chandler, Karl Jansen, Will Meeks, Rural Utilities Service, Steven Sattinger, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, Intervenor Defendant Dairyland Power Cooperative, Movant ITC Midwest LLC re: #2 Motion for Preliminary Injunction (Jensen, Thomas) |
| Filing 58 Declaration of Shawn Mathis filed by Intervenor Defendant Dairyland Power Cooperative, Movant ITC Midwest LLC re: #2 Motion for Preliminary Injunction (Jensen, Thomas) |
| Filing 57 Declaration of Anne E. Smith filed by Intervenor Defendant Dairyland Power Cooperative, Movant ITC Midwest LLC re: #2 Motion for Preliminary Injunction (Attachments: #1 Exhibit A, Curriculum Vitae) (Jensen, Thomas) |
| Filing 56 Declaration of Robert Walter filed by Intervenor Defendant Dairyland Power Cooperative, Movant ITC Midwest LLC re: #2 Motion for Preliminary Injunction (Attachments: #1 Exhibit A, Figure 1, Change in CO2 emissions, #2 Exhibit B, Generation Dependent on Cardinal-Hickory Creek) (Jensen, Thomas) |
| Filing 55 Declaration of Mark Rothfork filed by Intervenor Defendant Dairyland Power Cooperative, Movant ITC Midwest LLC re: #2 Motion for Preliminary Injunction (Attachments: #1 Exhibit A, Agreement for Land Exchange, #2 Exhibit B, FWS FONSI, #3 Exhibit C, Exchange Net Benefit Analysis) (Jensen, Thomas) |
| Filing 54 Declaration of Rodley Pritchard filed by Intervenor Defendant Dairyland Power Cooperative, Movant ITC Midwest LLC re: #2 Motion for Preliminary Injunction (Jensen, Thomas) |
| Filing 53 Declaration of Clay DeWitt filed by Intervenor Defendant Dairyland Power Cooperative, Movant ITC Midwest LLC re: #2 Motion for Preliminary Injunction (Jensen, Thomas) |
| Filing 52 Declaration of Elizabeth H Soholt filed by Intervenor Defendant Dairyland Power Cooperative, Movant ITC Midwest LLC re: #2 Motion for Preliminary Injunction (Jensen, Thomas) |
| Filing 51 Declaration of Andrew Witmeier, MISO filed by Intervenor Defendant Dairyland Power Cooperative, Movant ITC Midwest LLC re: #2 Motion for Preliminary Injunction (Jensen, Thomas) |
| Filing 50 Brief in Opposition by Intervenor Defendant Dairyland Power Cooperative, Movant ITC Midwest LLC re: #2 Motion for Preliminary Injunction filed by Wisconsin Wildlife Federation, National Wildlife Refuge Association, Driftless Area Land Conservancy (Attachments: #1 Appendix, Statement of Facts) (Jensen, Thomas) |
| Filing 49 Brief in Opposition by Defendants Andy Berke, Sabrina Chandler, Karl Jansen, Will Meeks, Rural Utilities Service, Steven Sattinger, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service re: #2 Motion for Preliminary Injunction filed by Wisconsin Wildlife Federation, National Wildlife Refuge Association, Driftless Area Land Conservancy (Wilson, Reade) |
| Filing 48 Notice of Appearance filed by Gabriel Loew Tabak for Amicus Parties American Clean Power Association, Clean Grid Alliance. (Tabak, Gabriel) |
| Filing 47 Motion for Leave to File Brief as Amicus Curiae by Amicus Edison Electric Institute. (Attachments: #1 Proposed Amicus Curiae Brief) (Dawson, James) Modified on 3/20/2024: Deleted address of party. (lak) |
| Filing 46 Corporate Disclosure Statement by Amicus Edison Electric Institute. (Dawson, James) |
| Filing 45 Notice of Appearance filed by Jeremy Charles Marwell for Amicus Edison Electric Institute. (Marwell, Jeremy) |
| Filing 44 Notice of Appearance filed by James T. Dawson for Amicus Edison Electric Institute. (Dawson, James) |
| Filing 43 Motion for Leave to File Amicus Curiae Brief by Amicus Parties American Clean Power Association, Clean Grid Alliance. (Attachments: #1 ACP-CGA Amicus Brief) (Tabak, Gabriel) |
| Filing 42 Declaration of Sabrina Chandler, Refuge Manager re: #41 Notice of Lodging Administrative Records and Certification of Additional Record Documents (Attachments: #1 Exhibit A -Draft SEA, #2 Exhibit B- FEIS for CCP, #3 Exhibit C - M-Opinion) (Cullen, Kimberly) Modified on 3/20/2024. (lak) |
| Filing 41 Notice by Defendants Andy Berke, Sabrina Chandler, Karl Jansen, Will Meeks, Rural Utilities Service, Steven Sattinger, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service of Lodging Prior Administrative Records and Certification of Additional Record Documents. (Cullen, Kimberly) Modified on 3/20/2024. (lak) |
| Filing 40 Declaration of Rao Konidena filed by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation re: #2 Motion for Preliminary Injunction (Attachments: #1 Exhibit Resume of Rao Konidena) (Learner, Howard) |
| Filing 39 Proposed Findings of Fact filed by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation re: #2 Motion for Preliminary Injunction (Learner, Howard) |
| Filing 38 Brief in Support of #2 Motion for Preliminary Injunction by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation (Attachments: #1 Appendix Plaintiffs' Appendix) (Learner, Howard) |
| Filing 37 Transcript of Status Conference, held 03/07/2024 before Judge William M. Conley. Court Reporter: pch. Please review the court's policy regarding electronic transcripts of court proceedings: see #Electronic Transcript Instructions. (acd) |
| Filing 36 Notice of Appearance filed by Lisa M. Agrimonti for Movant ITC Midwest LLC. (Agrimonti, Lisa) |
| Filing 35 Notice of Appearance filed by Haley Waller Pitts for Movant ITC Midwest LLC. (Waller Pitts, Haley) |
| Filing 34 Certificate of Service by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation as to #4 Summons Issued, #1 Complaint,,,,,,,,. (Learner, Howard) |
| Filing 33 Notice of Appearance filed by Justin William Chasco for Intervenor Defendant Dairyland Power Cooperative. (Chasco, Justin) |
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Filing 32
** TEXT ONLY ORDER **ORDER granting #25 Motion to Intervene by Movants Dairyland Power Cooperative and ITC Midwest LLC. Signed by District Judge William M. Conley on 3/8/2024. (jls)
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Filing 31
** TEXT ONLY ORDER **The court held a telephonic hearing on plaintiff's motion for a temporary restraining order (dkt. #2 ), at which counsel for plaintiffs, the federal defendants, and interested utilities appeared. As discussed at the hearing, plaintiff's motion for a TRO is DENIED, and defendants' motion to convert the TRO to a motion for preliminary injunction (dkt. #15 ) is GRANTED subject to the following schedule: plaintiff's brief in support of a preliminary injunction and proposed findings of fact are due March 13, 2024; defendants' brief in opposition and response to proposed findings of fact are due March 20, 2024; and an in-person hearing will be held March 22, 2024, beginning at 9:00 a.m. Signed by District Judge William M. Conley on 3/8/2024. (rks)
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| Filing 30 Declaration of Mark Rothfork filed by Movants Dairyland Power Cooperative, ITC Midwest LLC re: #25 Motion to Intervene (Attachments: #1 Exhibit A - Agreement for Exchange of Lands, #2 Exhibit B - FONSI, #3 Exhibit C - Exchange Net Benefits Analysis) (Jensen, Thomas) |
| Filing 29 Declaration of Shawn Mathis filed by Movants Dairyland Power Cooperative, ITC Midwest LLC re: #25 Motion to Intervene (Jensen, Thomas) |
| Filing 28 Declaration of Robert Walter filed by Movants Dairyland Power Cooperative, ITC Midwest LLC re: #25 Motion to Intervene (Jensen, Thomas) |
| Filing 27 Declaration of Clay DeWitt filed by Movants Dairyland Power Cooperative, ITC Midwest LLC re: #25 Motion to Intervene (Jensen, Thomas) |
| Filing 26 Brief in Support of #25 Motion to Intervene by Movants Dairyland Power Cooperative, ITC Midwest LLC (Jensen, Thomas) |
| Filing 25 Motion to Intervene by Movants Dairyland Power Cooperative, ITC Midwest LLC. (Attachments: #1 Exhibit A, Proposed Answer, #2 Text of Proposed Order (Exhibit B)) (Jensen, Thomas) |
| Filing 24 Notice of Appearance filed by Reade Wilson for Defendants Andy Berke, Sabrina Chandler, Karl Jansen, Will Meeks, Rural Utilities Service, Steven Sattinger, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service. (Wilson, Reade) |
| Filing 23 Corporate Disclosure Statement by Movant Dairyland Power Cooperative. (Jensen, Thomas) |
| Filing 22 Corporate Disclosure Statement by Movant ITC Midwest LLC. (Jensen, Thomas) |
| Filing 21 Notice of Appearance filed by Edward Andersen Boling for Movants Dairyland Power Cooperative, ITC Midwest LLC. (Boling, Edward) |
| Filing 20 Notice of Appearance filed by Stacey Bosshardt for Movants Dairyland Power Cooperative, ITC Midwest LLC. (Bosshardt, Stacey) |
| Filing 19 Notice of Appearance filed by Thomas Christian Jensen for Movants ITC Midwest LLC, Dairyland Power Cooperative. (Jensen, Thomas) |
| Filing 18 Exhibit to #1 Complaint,,,,,,,, filed by Wisconsin Wildlife Federation, National Wildlife Refuge Association, Driftless Area Land Conservancy Exhibit O - Refuge Managers 2012 Opposition to CHC (Learner, Howard) |
| Filing 17 Notice of Appearance of Daniel Abrams filed by Daniel HB Abrams for Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation. (Abrams, Daniel) |
| Filing 16 Notice of Appearance filed by Howard A. Learner for Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation. (Learner, Howard) Modified on 3/7/2024. (lak) |
| Filing 15 MOTION TO CONVERT PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER TO A MOTION FOR A PRELIMINARY INJUNCTION AND TO SET A BRIEFING SCHEDULE by Defendants Andy Berke, Sabrina Chandler, Karl Jansen, Will Meeks, Rural Utilities Service, Steven Sattinger, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service. Response due 3/14/2024. (Cullen, Kimberly) |
| Filing 14 Notice of Appearance filed by Kimberly Anne Cullen for Defendants Andy Berke, Sabrina Chandler, Karl Jansen, Will Meeks, Rural Utilities Service, Steven Sattinger, Scott A. Spellmon, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service. (Cullen, Kimberly) Modified on 3/7/2024. (lak) |
| Filing 13 Declaration of Charles Horn filed by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation re: #2 Motion for TRO (Learner, Howard) |
| Filing 12 Declaration of Kristi Hart filed by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation re: #2 Motion for TRO (Learner, Howard) |
| Filing 11 Declaration of Kerry Beheler filed by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation re: #2 Motion for TRO (Learner, Howard) |
| Filing 10 Declaration of Mary Kritz filed by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation re: #2 Motion for TRO (Learner, Howard) |
| Filing 9 Declaration of Mark Mittelstadt filed by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation re: #2 Motion for TRO (Learner, Howard) |
| Filing 8 Declaration of Dena Kurt filed by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation re: #2 Motion for TRO (Learner, Howard) |
| Filing 7 Corporate Disclosure Statement by Plaintiff Wisconsin Wildlife Federation. (Learner, Howard) Modified on 3/7/2024. (lak) |
| Filing 6 Corporate Disclosure Statement by Plaintiff Driftless Area Land Conservancy. (Learner, Howard) Modified on 3/7/2024. (lak) |
| Filing 5 Corporate Disclosure Statement by Plaintiff National Wildlife Refuge Association. (Learner, Howard) Modified on 3/7/2024. (lak) |
| Filing 4 Summons Issued as to All Defendants. (lak) |
| Case directly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. Related cases 19cv1007, 21cv96 and 21cv306. (lak) |
| Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (lak) |
| Minute Entry for proceedings held before District Judge William M. Conley: Telephone Status Conference held on 3/7/2024 [:25] (mfh) |
| Set Telephone Status Conference: Telephone Status Conference set for 3/7/2024 at 03:30 PM before Judge William M. Conley. Counsel for Plaintiffs responsible for setting up the call to chambers at (608) 264-5087. (lam) |
| Filing 3 Brief in Support of #2 Motion for TRO by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation (Learner, Howard) |
| Filing 2 Motion for Temporary Restraining Order by Plaintiffs Driftless Area Land Conservancy, National Wildlife Refuge Association, Wisconsin Wildlife Federation. (Learner, Howard) |
| Filing 1 COMPLAINT against All Defendants. ( Filing fee $ 405 receipt number AWIWDC-3387495.), filed by All Plaintiffs. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons Summons of Rural Utilities Service, #3 Summons Summons of Andrew Berke, #4 Summons Summons of U.S. Army Corps of Engineers, #5 Summons Summons of Scott Spellmon, #6 Summons Summons of Steven Sattinger, #7 Summons Summons of Karl Jansen, #8 Summons Summons of U.S. Fish and Wildlife Service, #9 Summons Summons of Will Meeks, #10 Summons Summons of Sabrina Chandler, #11 NWRA Disclosure Statement, #12 DALC Disclosure Statement, #13 WWF Disclosure Statement, #14 Exhibit National Wildlife Refuge Association v. Rural Util. Serv., 580 F.Supp. 588 (W.D. Wis 2022), #15 Exhibit Driftless Area Land Conservancy v. Rural Util. Serv., 74 F.4th 489 (7th Cir. 2023), #16 Exhibit Transmission Companies Construction Progress Report 4th Quarter 2023, #17 Exhibit FWS Finding of No Significant Impact, #18 Exhibit FWS Land Exchange with ITC Midwest, #19 Exhibit CHC Exchange Net Benefits Analysis, #20 Exhibit Declaration of Dena Kurt, #21 Exhibit CHC Final Supplemental Environmental Assessment, #22 Exhibit Declaration of Mark Mittelstadt, #23 Exhibit Declaration of Mary Kritz, #24 Exhibit Declaration of Kerry Beheler, #25 Exhibit Declaration of Kristi Hart, #26 Exhibit Declaration of Charles Horn, #27 Exhibit Upper Mississippi River National Wildlife and Fish Refuge Final CCP and EIS, #28 Exhibit 2012 FWS Letter to Transmission Companies, #29 Exhibit Refuge Managers Letter on Capx2020, #30 Exhibit 2017 EPA Scoping Comments, #31 Exhibit DALC/WWF Scoping Comments on EIS, #32 Exhibit DALC/WWF Comments on DEIS, #33 Exhibit DALC/WWF Comments on FEIS, #34 Exhibit FWS August 3, 2021 Letter to TCs, #35 Exhibit FWS August 27, 2021 Letter to TCs, #36 Exhibit Statement of Proposed Land Exchange/Purchase, #37 Exhibit DALC/WWF/NWRA Draft SEA Comments, #38 Exhibit RUS Oct. 2023 FONSI) (Learner, Howard) |
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