Tri-State Generation and Transmission Association Inc et al v. United States Department of the Interior Secretary et al
Northern Plains Resource Counsel |
Tri-State Generation and Transmission Association Inc, Western Fuels Wyoming Inc, Basin Electric Power Cooperative, The Wilderness Society, Natural Resources Defense Council, Western Fuels-Wyoming Inc, Western Organization of Resource Counsel and Powder River Basin Resource Counsel |
United States Department of the Interior Secretary, Office of Natural Resources Revenue Director, Gregory J Gould and David Bernhardt |
State of California and State of New Mexico |
Independent Petroleum Association of America |
2:2019cv00126 |
June 14, 2019 |
US District Court for the District of Wyoming |
Kelly H Rankin |
Scott W Skavdahl |
Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
05 U.S.C. § 702 |
None |
Docket Report
This docket was last retrieved on September 8, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 96 JUDGMENT by the Honorable Scott W Skavdahl. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Court Staff, skb) |
Filing 95 ORDER UPHOLDING IN PART AND REVERSING IN PART 2016 VALUATION RULE by the Honorable Scott W Skavdahl. It is ORDERED that the federal and Indian coal-valuation provisions of the 2016 Valuation Rule are hereby VACATED. As the coal-specific 2016 Valuation Rule provisions have never been put into practice (due to the earlier preliminary injunction), the pre-2016 valuation methodologies for federal and Indian coal shall continue to govern. IT IS FURTHER ORDERED that the federal oil-valuation provisions and Federal gas-valuation provisions of the 2016 Valuation Rule are hereby UPHELD. It is FURTHER ORDERED denying as moot (87) Motion for Judgment in case 2:19-cv-00120-SWS; denying as moot (78) Motion for Judgment in case 2:19-cv-00121-SWS; denying as moot (75) Motion for Judgment in case 2:19-cv-00126-SWS. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Court Staff, skb) Modified on 9/8/2021 (Court Staff, skb). |
Filing 94 Joint REPLY BRIEF OF PETITIONERS filed by Consolidated Petitioners American Petroleum Institute, Basin Electric Power Cooperative, Tri-State Generation and Transmission Association Inc, Petitioners Cloud Peak Energy Inc, National Mining Association, Wyoming Mining Association, Western Fuels-Wyoming Inc. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Burron, Keith) Modified to add filer on 6/11/2021 (Court Staff, skb). |
Filing 93 NOTICE by Amicus Independent Petroleum Association of America of Withdrawal of Rosario C. Doriott Dominguez as Attorney of Record Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Leggette, Lyle) |
Filing 92 ORDER by the Honorable Scott W Skavdahl granting (103) Motion for Extension of Time in case 2:19-cv-00120-SWS; granting (94) Motion for Extension of Time in case 2:19-cv-00121-SWS; granting (91) Motion for Extension of Time in case 2:19-cv-00126-SWS Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS. It is ORDERED that Petitioners' Joint Reply Brief will be due not later than June 10, 2021. (Court Staff, skb) |
Filing 91 Joint MOTION for Extension of Time (Dispositive) requesting extension of Reply Brief filed by Consolidated Petitioners American Petroleum Institute, Basin Electric Power Cooperative, Tri-State Generation and Transmission Association Inc, Western Fuels-Wyoming Inc, Petitioners Cloud Peak Energy Inc, National Mining Association, Wyoming Mining Association. (Attachments: #1 Proposed Order)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Auslander, James) |
Filing 90 Respondent-Intervenors' Joint Opposition BRIEF filed by Intervenor Respondent State of California. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Torgun, George) |
Filing 89 REPLY to (98 in 2:19-cv-00120-SWS) Response in Opposition to Motion, (95 in 2:19-cv-00120-SWS) Response to Motion, (96 in 2:19-cv-00120-SWS) Response in Opposition to Motion, filed by Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Turcke, Paul) |
Filing 88 ORDER by the Honorable Kelly H Rankin granting (99) Motion to File Excess Pages Non-Dispositive in case 2:19-cv-00120-SWS Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Court Staff, sjgc) |
Filing 87 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Leave to File Excess Pages regarding Joint Answering Brief filed by Intervenor Respondents Natural Resources Defense Council, Northern Plains Resource Counsel, Powder River Basin Resource Counsel, State of California, State of New Mexico, The Wilderness Society, Western Organization of Resource Counsel. (Attachments: #1 Proposed Order)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Segal, Cecilia) |
Filing 86 Joint RESPONSE in Opposition re (87 in 2:19-cv-00120-SWS) MOTION for Judgment filed by Intervenor Respondents Natural Resources Defense Council, Northern Plains Resource Counsel, Powder River Basin Resource Counsel, State of California, State of New Mexico, The Wilderness Society, Western Organization of Resource Counsel. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Segal, Cecilia) |
Filing 85 Respondents' Answering BRIEF filed by Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Turcke, Paul) |
Filing 84 RESPONSE in Opposition re (87 in 2:19-cv-00120-SWS) MOTION for Judgment filed by Consolidated Petitioner American Petroleum Institute, Petitioners Cloud Peak Energy Inc, National Mining Association, Wyoming Mining Association. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Burron, Keith) |
Filing 83 Joint RESPONSE to (87 in 2:19-cv-00120-SWS) MOTION for Judgment filed by Consolidated Petitioner Tri-State Generation and Transmission Association Inc. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Mueller, R) |
Filing 82 ORDER by the Honorable Scott W Skavdahl granting (93) Motion for Extension of Time in case 2:19-cv-00120-SWS; granting (84) Motion for Extension of Time in case 2:19-cv-00121-SWS; granting (81) Motion for Extension of Time in case 2:19-cv-00126-SWS. Respondents' Answering Brief and any response(s) to Respondents' Motion for Final Judgment shall be due no later than April 6 2021; Respondents' reply thereto and Intervenor-Respondents' Answering Briefs shall be due not later than April 20, 2021, and Petitioners' Reply Brief(s) shall be due not later than May 20, 2021. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Court Staff, scat) |
Filing 81 Second MOTION for Extension of Time (Dispositive) requesting extension of Answering Brief Deadline filed by Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary. (Attachments: #1 Proposed Order)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Turcke, Paul) |
Filing 80 ORDER granting Respondent's Motion for Extension of Time by the Honorable Scott W Skavdahl re(90) Motion for Extension of Time in case 2:19-cv-00120-SWS; granting (81) Motion for Extension of Time in case 2:19-cv-00121-SWS; granting (78) Motion for Extension of Time in case 2:19-cv-00126-SWS. Respondents' Answering Brief and any response(s) to Respondents' Motion for Final Judgment shall be due not later than February 5, 2021; Respondents' reply thereto and Intervenor-Respondents' Answering Briefs shall be due not later than February 19, 2021; and Petitioners Reply Brief(s) shall be due not later than March 22, 2021. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Court Staff, skb) |
Filing 79 DISREGARD FILED IN ERROR ORDER by the Honorable Scott W Skavdahl in case 2:19-cv-00120-SWS; granting (78) Motion for Extension of Time (Dispositive) requesting extension of Answering Brief Deadline of Respondents in case 2:19-cv-00126-SWS. See Order for details. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Court Staff, skb) Modified on 12/17/2020 (Court Staff, scat). |
Filing 78 First MOTION for Extension of Time (Dispositive) requesting extension of Answering Brief Deadline of Respondents filed by Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary. (Attachments: #1 Proposed Order)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Turcke, Paul) Modified on 12/17/2020 (Court Staff, scat). |
Filing 77 Petitioners' Joint Opening BRIEF filed by Consolidated Petitioners American Petroleum Institute, Basin Electric Power Cooperative, Tri-State Generation and Transmission Association Inc, Western Fuels-Wyoming Inc, Petitioners Cloud Peak Energy Inc, National Mining Association, Wyoming Mining Association. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Burron, Keith) |
Filing 76 MEMORANDUM in Support of ( 87 in 2:19-cv-00120-SWS) Motion for Judgment, filed by Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary. (Attachments: #1 Exhibit) Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Turcke, Paul) Modified on 12/10/2020 (Court Staff, skb). |
Filing 75 MOTION for Judgment filed by Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary. (Attachments: #1 Exhibit Proposed Judgment)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Turcke, Paul) |
Filing 74 ORDER by the Honorable Kelly H Rankin granting (85) Motion for Order to Establish Schedule in case 2:19-cv-00120-SWS Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS. Petitioners Opening Briefs due 12/4/20; Federal Respondents Response Briefs due 1/15/21; Intervenors Response Briefs due 1/29/21; Petitioners Reply Briefs due 3/1/21. (Court Staff, smh) Modified text to add deadlines on 10/29/2020 (Court Staff, sjlg). |
Filing 73 MOTION REFERRED TO Judge Kelly H Rankin. Joint MOTION for Order to Establish Schedule filed by Consolidated Petitioners American Petroleum Institute, Basin Electric Power Cooperative, Tri-State Generation and Transmission Association Inc, Western Fuels-Wyoming Inc, Petitioners Cloud Peak Energy Inc, National Mining Association, Wyoming Mining Association, Amicus Independent Petroleum Association of America, Intervenor Respondents Natural Resources Defense Council, Northern Plains Resource Counsel, Powder River Basin Resource Counsel, State of California, State of New Mexico, The Wilderness Society, Western Organization of Resource Counsel, Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary. (Attachments: #1 Proposed Order)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Turcke, Paul) |
Filing 72 ORDER by the Honorable Kelly H Rankin granting (83) Motion for Extension of Time in case 2:19-cv-00120-SWS; (73) Motion for Extension of Time in case 2:19-cv-00121-SWS; (71) Motion for Extension of Time in case 2:19-cv-00126-SWS. It is ordered that counsel shall submit, by motion, a proposed briefing schedule(s) in these consolidated cases on or before October 23, 2020. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Court Staff, sjlg) |
Filing 71 MOTION REFERRED TO Judge Kelly H Rankin. STATUS REPORT AND JOINT MOTION for Extension of Time (Non-Dispositive) requesting extension of Deadline for Proposed Briefing Schedule filed by Consolidated Petitioners American Petroleum Institute, Basin Electric Power Cooperative, Tri-State Generation and Transmission Association Inc, Western Fuels-Wyoming Inc, Petitioners Cloud Peak Energy Inc, National Mining Association, Wyoming Mining Association, Amicus Independent Petroleum Association of America, Intervenor Respondents Natural Resources Defense Council, Northern Plains Resource Counsel, Powder River Basin Resource Counsel, State of California, State of New Mexico, The Wilderness Society, Western Organization of Resource Counsel, Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary. (Attachments: #1 Proposed Order)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Turcke, Paul) Modified on 10/21/2020 (Court Staff, skb). Modified on 10/21/2020 (Court Staff, skb). |
Filing 70 NOTICE of Providing Federal Respondents' Privilege Log by Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of the Interior, United States Department of the Interior Secretary, Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary, Office of Natural Resources Revenue Director, United States Department of the Interior Secretary re (81 in 2:19-cv-00120-SWS, 69 in 2:19-cv-00126-SWS, 71 in 2:19-cv-00121-SWS)(Attachments: #1 Exhibit Privilege Log, #2 Exhibit Directory) Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Turcke, Paul) Modified text on 7/21/2020 (Court Staff, skb). |
Filing 69 ORDER by the Honorable Kelly H Rankin granting (79) Motion for Order in case 2:19-cv-00120-SWS; granting (69) Motion for Order in case 2:19-cv-00121-SWS; granting (67) Motion for Order in case 2:19-cv-00126-SWS. The parties shall abide by the terms and conditions of this Order.Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Court Staff, sem) |
Filing 68 NOTICE of Filing Administrative Record by Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of the Interior, United States Department of the Interior Secretary, Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary, Office of Natural Resources Revenue Director, United States Department of the Interior Secretary (Attachments: #1 Exhibit Declaration, #2 Exhibit AR Index) Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Turcke, Paul) 2 thumb drives received and forwarded to Casper on 7/6/2020 (Court Staff, sbh). |
Filing 67 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Order Addressing the Administrative Record filed by Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary. (Attachments: #1 Proposed Order)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Turcke, Paul) |
Filing 66 NOTICE by Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of the Interior, United States Department of the Interior Secretary, Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary, Office of Natural Resources Revenue Director, United States Department of the Interior Secretary Withdrawal of Counsel Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Jaffe, Rebecca) |
Filing 65 ORDER by the Honorable Kelly H Rankin granting (76) Motion to appear pro hac vice admitting Paul A Turcke for Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of the Interior, United States Department of the Interior Secretary, Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary, Office of Natural Resources Revenue Director, United States Department of the Interior Secretary in case 2:19-cv-00120-SWS; granting (66) Motion to appear pro hac vice admitting Paul A Turcke in case 2:19-cv-00121-SWS; granting (64) Motion to appear pro hac vice admitting Paul A Turcke in case 2:19-cv-00126-SWS. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Court Staff, skb) |
Filing 64 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Paul A. Turcke to appear pro hac vice; Check not tendered; filed by Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary. (Attachments: #1 Affidavit, #2 Proposed Order)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Vassallo, Nicholas) |
Filing 63 ORDER by the Honorable Kelly H Rankin granting (73) Motion for Extension of Time in case 2:19-cv-00120-SWS; granting (63) Motion for Extension of Time in case 2:19-cv-00121-SWS; granting (61) Motion for Extension of Time in case 2:19-cv-00126-SWS The Federal Respondents shall lodge the administrative record on or before July 6, 2020. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Court Staff, sjgc) |
Filing 62 RESPONSE in Opposition re (73 in 2:19-cv-00120-SWS) Third MOTION for Extension of Time (Non-Dispositive) requesting extension of Administrative Record Production Deadline filed by Consolidated Petitioner American Petroleum Institute, Petitioners National Mining Association, Wyoming Mining Association. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Burron, Keith) |
Filing 61 MOTION REFERRED TO Judge Kelly H Rankin. Third MOTION for Extension of Time (Non-Dispositive) requesting extension of Administrative Record Production Deadline filed by Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Jaffe, Rebecca) |
Filing 60 NOTICE by Intervenor Respondent State of California Notice of Withdrawal of Attorney John W. Everett Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Zars, Reed) |
Filing 59 NOTICE by Petitioner Cloud Peak Energy Inc Notice of Withdrawal of Counsel Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Chudacoff, Matthew) |
Filing 57 MOTION REFERRED TO Judge Kelly H Rankin. Second MOTION for Extension of Time (Non-Dispositive) requesting extension of the Deadline to Lodge the Administrative Record filed by Respondent United States Department of Interior. (Attachments: #1 Proposed Order)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Vassallo, Nicholas) |
Filing 56 Joint STATUS REPORT by Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Jaffe, Rebecca) |
Filing 55 ORDER by the Honorable Scott W Skavdahl granting in part and denying in part (22) Motion for Preliminary Injunction in case 2:19-cv-00120-SWS; granting in part and denying in part (11) Motion for Preliminary Injunction in case 2:19-cv-00126-SWS. The 2016 Consolidated Federal Oil & Gas Federal & Indian Coal Valuation Reform Rule is enjoined from applying to taking effect as to federal and Indian coal valuations during the pendency of this action. Instead, the pre-2016 valuation methodologies applicable to coal shall continue to govern during this litigation. However, the 2016 Valuation Rule is not enjoined as to the new valuation methodologies for federal oil and gas. It is Further ORDERED that Petitioners need not post a bond or securityAssociated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Court Staff, scat) |
Filing 58 ORDER by the Honorable Kelly H Rankin granting #54 Motion for Extension of Time. The Order granting this first motion for extension of time was docketed in the lead case, 19-cv-120-S Cloud Peak Energy Inc. et al v. Dep't of Interior et al, docket number 66. The Order was inadvertently omitted from this docket sheet, and is entered now for a full record. (Court Staff, sem) Modified filed date on 11/1/2019 (Court Staff, scat). |
ORDER by the Honorable Kelly H Rankin granting #57 Motion for Extension of Time. The Order granting this second motion for extension of time was docketed in the lead case, 19-cv-120-S Cloud Peak Energy Inc. et al v. Dep't of Interior et al, docket number 70. The Order was inadvertently omitted from this docket sheet, and is entered now for a full record. (Court Staff, sem) Modified filed date on 11/1/2019 (Court Staff, scat). |
Filing 54 MOTION REFERRED TO Judge Kelly H Rankin. Joint MOTION for Extension of Time (Non-Dispositive) requesting extension of Administrative Record Deadline filed by Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary. (Attachments: #1 Exhibit Calahan Declaration)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Jaffe, Rebecca) |
Filing 53 ERRATA re (58 in 2:19-cv-00120-SWS) Response in Opposition to Motion, by Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Jaffe, Rebecca) |
Filing 52 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Preliminary Injunction held on 9/4/2019 before Judge Scott W. Skavdahl. To purchase a copy of this transcript, please contact Court Reporter Anne Bowline, phone (307) 235-3376 or email anne@professionalreporting.com. A party must file a Notice of Intent to Request Redaction within 7 calendar days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made available electronically without redaction. Notice of Intent to Redact due 9/16/2019. Notice of Redaction Request due 9/30/2019. Redacted Transcript Deadline set for 10/10/2019. Release of Transcript Restriction set for 12/9/2019. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Bowline, Anne) |
Filing 51 MINUTES for proceedings held before Honorable Scott W Skavdahl: Motion Hearing held on 9/4/2019. The Court heard arguments from the parties regarding the motion. Motion taken under advisement. (Court Reporter Anne Bowline.) Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Attachments: #1 Petitioner's displayed exhibits) (Court Staff, scat) Modified text on 9/5/2019 (Court Staff, scat). Modified on 9/10/2019 (Court Staff, scat). |
Filing 50 ORDER by the Honorable Kelly H Rankin granting (28) Motion to Intervene in case 2:19-cv-00120-SWS; granting (18) Motion to Intervene in case 2:19-cv-00121-SWS; granting (17) Motion to Intervene in case 2:19-cv-00126-SWS. The Court will consider the Conservation Groups Proposed Opposition to the Motion for Preliminary Injunction (Doc. 57 in 19-CV-120-SWS) as the official Opposition, no additional filing is necessary. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Court Staff, sjgc) Modified text on 9/3/2019 (Court Staff, szf). |
Filing 49 NOTICE of Attorney Appearance by Matthew Lee Chudacoff on behalf of Cloud Peak Energy Inc Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Chudacoff, Matthew) |
Filing 48 NOTICE by Petitioner Tri-State Generation and Transmission Association Inc of Supplemental Evidence (Attachments: #1 Exhibit A - Decl. of Shaun McKinsey iso Motion for Preliminary Injunction) Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Mueller, R) |
Filing 47 RESPONSE in Opposition re (22 in 2:19-cv-00120-SWS) Joint MOTION for Preliminary Injunction filed by Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary. (Attachments: #1 Exhibit Gould Decl.) Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Jaffe, Rebecca) |
Filing 46 OPPOSITION to (22 in 2:19-cv-00120-SWS) Motion for Preliminary Injunction filed by Movants Natural Resources Defense Council, Northern Plains Resource Counsel, Powder River Basin Resource Counsel, The Wilderness Society, Western Organization of Resource Counsel. (Attachments: #1 Affidavit Declaration of Cecilia Segal, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Exhibit Ex. C, #5 Exhibit Ex. D, #6 Exhibit Ex. E, #7 Exhibit Ex. F, #8 Exhibit Ex. G, #9 Exhibit Ex. H, #10 Exhibit Ex. I, #11 Exhibit Ex. J, #12 Exhibit Ex. K, #13 Exhibit Ex. L, #14 Exhibit Ex. M, #15 Exhibit Ex. N) Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Anderson, Shannon) |
Filing 45 RESPONSE in Opposition re (22 in 2:19-cv-00120-SWS) Joint MOTION for Preliminary Injunction filed by Intervenor Respondents State of California, State of New Mexico. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Torgun, George) |
Filing 44 REPLY to (49 in 2:19-cv-00120-SWS) Response in Opposition to Motion, filed by Movants Natural Resources Defense Council, Northern Plains Resource Counsel, Powder River Basin Resource Counsel, The Wilderness Society, Western Organization of Resource Counsel. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Anderson, Shannon) Modified text to remove excess punctuation on 8/15/2019 (Court Staff, scat). |
Filing 43 SUMMONS Returned Executed by Tri-State Generation and Transmission Association Inc. United States Department of Interior served on 6/24/2019, answer due on 8/19/2019; United States Department of Interior Secretary served on 6/24/2019, answer due on 8/19/2019 Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Mueller, R) |
Filing 42 SUMMONS Returned Executed by Tri-State Generation and Transmission Association Inc. Natural Resources Defense Council served on 6/24/2019, answer due on 7/15/2019 Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Mueller, R) |
Filing 41 SUMMONS Returned Executed by Cloud Peak Energy Inc, Wyoming Mining Association, Natural Resources Defense Council. United States Department of Interior Secretary served on 6/19/2019, answer due on 8/19/2019 Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Court Staff, sjlg) |
Filing 40 SUMMONS Returned Executed by Cloud Peak Energy Inc, National Mining Association, Wyoming Mining Association. United States Department of Interior served on 06/19/2019, answer due 08/19/2019. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Court Staff, sjlg) |
Filing 39 SUMMONS Returned Executed by American Petroleum Institute. Office of Natural Resources Revenue Director served on 6/24/2019, answer due on 8/23/2019; United States Department of Interior served on 6/19/2019, answer due on 8/19/2019; United States Department of Interior Secretary served on 6/19/2019, answer due on 8/19/2019; Office of Natural Resources Revenue served on 6/24/2019, answer due on 8/23/2019 Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Court Staff, sjlg) Modified text on 8/12/2019 (Court Staff, sjlg). |
Filing 38 RESPONSE in Opposition re (28 in 2:19-cv-00120-SWS) MOTION to Intervene filed by Shannon Anderson, attorney Shannon Anderson appearing for Natural Resources Defense Council, Northern Plains Resource Counsel, Powder River Basin Resource Counsel, The Wilderness Society, Western Organization o filed by Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Jaffe, Rebecca) |
FINANCIAL ENTRY: Payment of $100 received for pro hac vice fee for Rosario C Doriott Dominguez. Receipt CHY031406. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Court Staff, sjk) |
Filing 37 NOTICE of Attorney Appearance by Alexander Karl Obrecht on behalf of Independent Petroleum Association of America Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Obrecht, Alexander) |
Filing 36 Amicus Curiae BRIEF In Support of Petitioners' Joint Motion for Preliminary Injunction re (23 in 2:19-cv-00120-SWS) Memorandum in Support of Motion, (22 in 2:19-cv-00120-SWS) Motion for Preliminary Injunction filed by Amicus Independent Petroleum Association of America. (Attachments: #1 Affidavit, #2 Affidavit) Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Leggette, Lyle) |
Filing 35 ORDER by the Honorable Kelly H. Rankin granting (33) Motion to Intervene in case 2:19-cv-00120-SWS; granting (23) Motion to Intervene in case 2:19-cv-00121-SWS; granting (22) Motion to Intervene in case 2:19-cv-00126-SWS. State of California and State of New Mexico added as Intervenor Respondents.Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Court Staff, szf) |
Filing 34 ORDER by the Honorable Kelly H. Rankin granting (43) Motion to File Amicus Curiae Brief in case 2:19-cv-00120-SWS; granting (33) Motion to File Amicus Curiae Brief in case 2:19-cv-00121-SWS; granting (32) Motion to File Amicus Curiae Brief in case 2:19-cv-00126-SWS. IPAA may file its proposed amicus brief, including any exhibits or other attachments thereto, previously attached as Exhibit 1 to the motion.Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Court Staff, szf)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Court Staff, szf) |
Filing 33 ORDER by the Honorable Kelly H. Rankin in case 2:19-cv-00120-SWS; granting (42) Motion to appear pro hac vice admitting Rosario C Doriott Dominguez for Independent Petroleum Association of America in case 2:19-cv-00126-SWS Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Court Staff, szf) Modified document link on 8/7/2019 (Court Staff, szf). |
Filing 32 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Leave to File Amicus Curiae Brief by AUGUST 2, 2019 (Non-Dispositive) requesting extension of deadline filed by Independent Petroleum Association of America. (Attachments: #1 Exhibit 1 - Amicus Curiae Brief iso Petitioners' Motion for Preliminary Injunction, #2 Exhibit 2 - Naatz Declaration, #3 Exhibit 3 - Milito Declaration, #4 Proposed Order)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Leggette, Lyle) Modified filer on 8/5/2019 (Court Staff, scat). Modified text on 8/7/2019 (Court Staff, scat). |
Filing 31 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Rosario C. Doriott Dominguez to appear pro hac vice; Check not tendered; filed by Independent Petroleum Association of America. (Attachments: #1 Affidavit of Rosario C. Doriott Dominguez, #2 Proposed Order)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Leggette, Lyle) Modified filer on 8/5/2019 (Court Staff, scat). |
Filing 30 NOTICE of Attorney Appearance by Lyle Poe Leggette on behalf of Indepandant Petroleum Association of America Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Leggette, Lyle) Modified filer on 8/5/2019 (Court Staff, scat). |
Filing 29 ORDER by the Honorable Kelly H. Rankin in case 2:19-cv-00120-SWS; granting (24), (26), (27) Motions to appear pro hac vice admitting John Everett,George Torgun,David A Zonana for State of California in case 2:19-cv-00126-SWS Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Court Staff, szf) |
Filing 28 ORDER by the Honorable Kelly H. Rankin in case 2:19-cv-00120-SWS; granting (25) Motion to appear pro hac vice admitting William G Grantham for State of New Mexico in case 2:19-cv-00126-SWS Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Court Staff, szf) |
Filing 27 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for David A. Zonana to appear pro hac vice; Check not tendered; filed by Intervenor Respondent State of California. (Attachments: #1 Proposed Order)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Zars, Reed) Modified on 8/6/2019 to terminate motion Order entered on 7/31/2019 (Court Staff, scat). |
Filing 26 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for George Torgun to appear pro hac vice; Check not tendered; filed by Intervenor Respondent State of California. (Attachments: #1 Proposed Order)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Zars, Reed) Modified on 8/6/2019 to terminate motion Order entered on 7/31/2019 (Court Staff, scat). |
Filing 25 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for William G. Grantham to appear pro hac vice; Check not tendered; filed by Intervenor Respondent State of New Mexico. (Attachments: #1 Proposed Order)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Zars, Reed) Modified to terminate motion order entered on 7/31/2019 on 8/6/2019 (Court Staff, scat). |
Filing 24 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for John W. Everett to appear pro hac vice; Check not tendered; filed by Intervenor Respondent State of California. (Attachments: #1 Proposed Order)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Zars, Reed) Modified to term motion on 8/6/2019 (Court Staff, scat). |
Filing 23 MEMORANDUM in Support of (33 in 2:19-cv-00120-SWS) Motion to Intervene, filed by Intervenor Respondents State of California, State of New Mexico. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Zars, Reed) |
Filing 22 MOTION REFERRED TO Judge Kelly H Rankin. MOTION to Intervene by states of California and New Mexico filed by Reed Zars filed by Intervenor Respondents State of California, State of New Mexico. (Attachments: #1 Proposed Order)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Zars, Reed) |
Filing 21 NOTICE of Attorney Appearance by Reed Zars on behalf of State of California, State of New Mexico Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Zars, Reed) |
FINANCIAL ENTRY: Payment of $100 received for pro hac vice fee for Aaron Colangelo. Receipt CHY031340. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Court Staff, sjk) |
FINANCIAL ENTRY: Payment of $100 received for pro hac vice fee for Cecilia D Segal. Receipt CHY031343. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Court Staff, sjk) |
Filing 20 ORDER by the Honorable Kelly H Rankin granting #29 Motion to appear pro hac vice admitting Cecilia D Segal for Natural Resources Defense Council, Northern Plains Resource Counsel, Powder River Basin Resource Counsel, The Wilderness Society, Western Organization of Resource Counsel and granting #30 Motion to appear pro hac vice admitting Aaron Colangelo for Natural Resources Defense Council, Northern Plains Resource Counsel, Powder River Basin Resource Counsel, The Wilderness Society, Western Organization of Resource CounselAssociated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Court Staff, sal) |
Filing 19 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Aaron Colangelo to appear pro hac vice; Check not tendered; filed by Movants Natural Resources Defense Council, Northern Plains Resource Counsel, Powder River Basin Resource Counsel, Western Organization of Resource Counsel. (Attachments: #1 Affidavit Affidavit of Aaron Colangelo, #2 Proposed Order Proposed Order)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Anderson, Shannon) |
Filing 18 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Cecilia Segal to appear pro hac vice; Check not tendered; filed by Movants Natural Resources Defense Council, Northern Plains Resource Counsel, Powder River Basin Resource Counsel, The Wilderness Society, Western Organization of Resource Counsel. (Attachments: #1 Proposed Order Proposed Order, #2 Affidavit Affidavit of Cecilia Segal)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Anderson, Shannon) |
Filing 17 MOTION REFERRED TO Judge Kelly H Rankin. MOTION to Intervene filed by Shannon Anderson, attorney Shannon Anderson appearing for Natural Resources Defense Council, Northern Plains Resource Counsel, Powder River Basin Resource Counsel, The Wilderness Society, Western Organization of Resource Counsel, filed by Movants Natural Resources Defense Council, Northern Plains Resource Counsel, Powder River Basin Resource Counsel, The Wilderness Society, Western Organization of Resource Counsel. (Attachments: #1 Affidavit NRDC declaration, #2 Affidavit TWS declaration, #3 Affidavit WORC-PRBRC-NPRC declaration, #4 Proposed Order Proposed Order Granting Motion to Intervene)Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Anderson, Shannon) |
Filing 16 ORDER by the Honorable Kelly H Rankin granting #26 Motion for Extension of Time. Respondents may respond to Petitioners' Motion for Preliminary Injunction #22 on or before August 16, 2019. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Court Staff, sjh) |
Filing 15 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Extension of Time (Non-Dispositive) requesting extension of Preliminary Injunction Motion Response Deadline filed by Respondents Office of Natural Resources Revenue, Office of Natural Resources Revenue Director, United States Department of Interior, United States Department of Interior Secretary. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS(Jaffe, Rebecca) |
Filing 14 NOTICE of Hearing on (22 in 2:19-cv-00120-SWS) Joint MOTION for Preliminary Injunction , (11 in 2:19-cv-00126-SWS) Joint MOTION for Preliminary Injunction Motion Hearing set for 9/4/2019 01:30 PM in Casper Courtroom No. 2 (Room No. 204) before Honorable Scott W Skavdahl. Associated Cases: 2:19-cv-00120-SWS, 2:19-cv-00121-SWS, 2:19-cv-00126-SWS (Court Staff, scat) |
Filing 13 ORDER by the Honorable Kelly H Rankin granting #10 Motion to Consolidate Cases Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. It is ordered that all future pleadings should only be filed in the lead case number 19-CV-120-SWS. (Court Staff, sjlg) |
Filing 12 MEMORANDUM in Support of #11 Motion for Preliminary Injunction filed by Petitioner Tri-State Generation and Transmission Association Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Wurtzler, Gail) |
Filing 11 Joint MOTION for Preliminary Injunction filed by Petitioner Tri-State Generation and Transmission Association Inc. (Attachments: #1 Proposed Order) |
Filing 10 MOTION to Consolidate Cases for Trial Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure filed by Petitioner Tri-State Generation and Transmission Association Inc. (Attachments: #1 Proposed Order)(Wurtzler, Gail) |
Filing 9 ORDER Granting #7 Motion to Appear Pro Hac Vice admitting Rebecca J. Jaffe for Respondents by the Honorable Kelly H. Rankin (Court Staff, szf) |
Filing 8 NOTICE of Attorney Appearance by Nicholas Vassallo on behalf of Office of Natural Resources Revenue Director, United States Department of the Interior Secretary (Vassallo, Nicholas) |
Filing 7 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Rebecca Jaffe to appear pro hac vice; Check not tendered; filed by Respondent United States Department of the Interior Secretary. (Attachments: #1 Exhibit, #2 Proposed Order)(Vassallo, Nicholas) |
Filing 6 NOTICE of Attorney Appearance by Nicholas Vassallo on behalf of United States Department of the Interior Secretary (Vassallo, Nicholas) |
FINANCIAL ENTRY: Payment of $200 received for pro hac vice fees for Gail L Wurtzler and Kathleen C Schroder. Receipt CHY031185. (Court Staff, sjk) |
Filing 5 ORDER granting #4 Motion to Appear Pro Hac Vice admitting Gail L. Wurtzler and Kathleen C. Schroder for Tri-State Generation and Transmission Association Inc by the Honorable Kelly H. Rankin (Court Staff, szf) |
Filing 4 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Gail L. Wurtzler and Kathleen C. Schroder to appear pro hac vice; Check not tendered; filed by Petitioner Tri-State Generation and Transmission Association Inc. (Attachments: #1 Affidavit, #2 Affidavit, #3 Proposed Order)(Mueller, R) |
Filing 3 CORPORATE DISCLOSURE filed by Tri-State Generation and Transmission Association Inc,. (Mueller, R) Modified restriction on 6/19/2019 (Court Staff, scat). |
Filing 2 CORPORATE DISCLOSURE filed by Basin Electric Power Cooperative, Western Fuels Wyoming Inc, identifying Other Affiliate Western Fuels Association Inc for Western Fuels Wyoming Inc (Court Staff, sbh) |
Filing 1 PETITION FOR REVIEW of Final Agency Action filed by Tri-State Generation and Transmission Association Inc, Basin Electric Power Cooperative, Western Fuels Wyoming Inc (2 summonses issued; Filing fee $400, receipt #CHY031085) (Attachments: #1 Civil Cover Sheet, #2 Cover Letter) (Court Staff, sbh) |
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