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Case TitleSIERRA CLUB v. UNITED STATES ARMY CORPS OF ENGINEERS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv01239
Date Filed2013-08-13
Date Closed2014-08-18
JudgeJudge Ketanji Brown Jackson
PlaintiffSIERRA CLUB
PlaintiffNATIONAL WILDLIFE FEDERATION
Case DescriptionThe Sierra Club submitted four FOIA requests to several district offices of the U.S. Army Corps of Engineers concerning application materials for the Flanagan South pipeline. The agency withheld responsive records under Exemption 5 (privileges). The Sierra Club appealed all four requests, but after hearing nothing further from the agency concerning its appeals, the Sierra Club filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES ARMY CORPS OF ENGINEERS
DefendantTHOMAS P. BOSTICK in his official capacity as Commanding General and Chief of Engineers of the U.S. Army Corps of Engineers
DefendantRICHARD A. PRATT in his official capacity as Commander and District Engineer of the U.S. Army Corps of Engineers Tulsa District
DefendantMARK DESCHENES in his official capacity as District Commander of the U.S. Army Corps of Engineers Rock Island District
DefendantANDREW D. SEXTON in his official capacity as District Commander of the U.S. Army Corps of Engineers Kansas City District
DefendantCHRISTOPHER HALL in his official capacity as St. Louis District Commander of the U.S. Army Corps of Engineers
DefendantANTHONY FOXX in his official capacity as Secretary of the United States Department of Transportation
DefendantCYNTHIA L. QUARTERMAN in her official capacity as Administrator of the United States Department of Transportation Pipeline and Hazardous Materials Safety Administration
DefendantUNITED STATES DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
DefendantDANIEL M. ASHE in his official capacity as Director of the United States Fish and Wildlife Service
DefendantUNITED STATES FISH AND WILDLIFE SERVICE
DefendantSALLY JEWELL in her official capacity as Secretary of the Interior
DefendantKEVIN K. WASHBURN in his official capacity as Assistant Secretary Indian Affairs
DefendantUNITED STATES DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS
DefendantGINA MCCARTHY in her official capacity as Administrator of the Environmental Protection Agency
DefendantUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DefendantALL FEDERAL DEFENDANTS
DefendantENBRIDGE PIPELINES (FSP) L.L.C.
AppealD.C. Circuit 14-5205
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [49]
Opinion/Order [94]
FOIA Project Annotation: Although this case includes a FOIA claim for denial of records under Exemption 5, this decision deals only with environmental impact issues brought by the Sierra Club.
Issues: Housekeeping
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-08-131COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-3432831), CIVIL COVER SHEET by SIERRA CLUB, REQUEST FOR SUMMONS TO ISSUE by SIERRA CLUB filed by SIERRA CLUB. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons and Proof of Service_US Army Corps of Engineers, # 3 Summons Summons and Proof of Service_Eric Holder, # 4 Summons Summons and Proof of Service_Ronald Machen)(Stebbins, Joshua) (Entered: 08/13/2013)
2013-08-132Corporate Disclosure Statement by SIERRA CLUB. (Stebbins, Joshua) (Entered: 08/13/2013)
2013-08-133MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Doug Hayes, :Firm- Sierra Club Environmental Law Program, :Address- 1650 38th Street, Suite 102W, Boulder, CO 80301. Phone No. - (303) 449-5595 ext. 100. Fax No. - (303) 449-6520 by SIERRA CLUB (Stebbins, Joshua) (Entered: 08/13/2013)
2013-08-13Case Assigned to Judge Ketanji Brown Jackson. (kb) (Entered: 08/14/2013)
2013-08-144Electronic Summons (1) Issued as to UNITED STATES ARMY CORPS OF ENGINEERS. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(kb, ) (Entered: 08/14/2013)
2013-08-155MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Eric Huber, :Firm- Sierra Club Environmental Law Program, :Address- 1650 38th Street, Suite 102W, Boulder, CO 80301. Phone No. - (303) 449-5595 ext. 101. Fax No. - (303) 449-6520 by SIERRA CLUB (Stebbins, Joshua) (Entered: 08/15/2013)
2013-08-156CERTIFICATE OF SERVICE by SIERRA CLUB . (Stebbins, Joshua) (Entered: 08/15/2013)
2013-08-15MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice of Doug Hayes by Plaintiff SIERRA CLUB. Signed by Judge Ketanji Brown Jackson on 08/15/2013. (lckbj1) (Entered: 08/15/2013)
2013-08-15MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice of Eric Huber by Plaintiff SIERRA CLUB. Signed by Judge Ketanji Brown Jackson on 08/15/2013. (lckbj1) (Entered: 08/15/2013)
2013-08-227AMENDED COMPLAINT against All Defendants filed by SIERRA CLUB, NATIONAL WILDLIFE FEDERATION. (Attachments: # 1 Summons Ashe, # 2 Summons BIA, # 3 Summons Bostick, # 4 Summons Deschenes, # 5 Summons EPA, # 6 Summons Foxx, # 7 Summons FWS, # 8 Summons Hall, # 9 Summons Holder, # 10 Summons Jewell, # 11 Summons Machen, # 12 Summons McCarthy, # 13 Summons PHMSA, # 14 Summons Pratt, # 15 Summons Quarterman, # 16 Summons Sexton, # 17 Summons USACE, # 18 Summons Washburn)(Hayes, Doug) (Entered: 08/22/2013)
2013-08-228MOTION for Leave to Appear Pro Hac Vice :Attorney Name- James G. Murphy, :Firm- National Wildlife Federation, :Address- 149 State Street, Montpelier, VT 05602. Phone No. - (802) 552-4325. Fax No. - (802) 229-4532 by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB (Stebbins, Joshua) (Entered: 08/22/2013)
2013-08-229Corporate Disclosure Statement by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB. (Stebbins, Joshua) (Entered: 08/22/2013)
2013-08-2310ELECTRONIC SUMMONS Issued as to DANIEL M. ASHE, THOMAS P. BOSTICK, MARK DESCHENES, ANTHONY FOXX, CHRISTOPHER HALL, SALLY JEWELL, GINA MCCARTHY, RICHARD A. PRATT, CYNTHIA L. QUARTERMAN, ANDREW D. SEXTON, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES FISH AND WILDLIFE SERVICE, KEVIN K. WASHBURN, U.S. Attorney and U.S. Attorney General (jf, ) (Main Document 10 replaced on 8/23/2013) (jf, ). (Entered: 08/23/2013)
2013-08-23MINUTE ORDER granting 8 Motion for Leave to Appear Pro Hac Vice of James G. Murphy by Plaintiff SIERRA CLUB. Signed by Judge Ketanji Brown Jackson on 8/23/2013. (lckbj1) (Entered: 08/23/2013)
2013-08-2311CERTIFICATE OF SERVICE by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB . (Hayes, Doug) (Entered: 08/23/2013)
2013-08-2912NOTICE of Appearance by Eileen T. McDonough on behalf of DANIEL M. ASHE, THOMAS P. BOSTICK, MARK DESCHENES, ANTHONY FOXX, CHRISTOPHER HALL, SALLY JEWELL, GINA MCCARTHY, RICHARD A. PRATT, CYNTHIA L. QUARTERMAN, ANDREW D. SEXTON, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES FISH AND WILDLIFE SERVICE, KEVIN K. WASHBURN (McDonough, Eileen) (Entered: 08/29/2013)
2013-08-3013NOTICE of Appearance by Ty Bair on behalf of All Defendants (Bair, Ty) (Entered: 08/30/2013)
2013-09-0414MOTION for Preliminary Injunction by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB (Attachments: # 1 Exhibit List, # 2 Exhibit A-FOIA Requests, # 3 Exhibit B-Corps Denials, # 4 Exhibit C-FOIA Appeals, # 5 Exhibit D-Corps Emails, # 6 Exhibit E-Kansas City Verification, # 7 Exhibit F-Articles on Construction Status, # 8 Exhibit G-FWS BiOp and ITS, # 9 Exhibit H-NTSB Report on MI Spill, # 10 Exhibit I-Corrective Action Order on AR Spill, # 11 Exhibit J-PHMSA Spill Data, # 12 Exhibit K-Enbridge Spill Data, # 13 Exhibit L-NWF Report, # 14 Exhibit M-KXL FEIS Excerpts, # 15 Exhibit N-Spiller v. Walker, # 16 Exhibit O-NWP 12 Decision Document, # 17 Exhibit P-Declaration of Megan Corrigan, # 18 Exhibit Q-Declaration of Helen Woerner, # 19 Exhibit R-Declaration of Danny Ferguson, # 20 Exhibit S-Declaration of Mary Blackmore, # 21 Exhibit T-Army Regulations, # 22 Exhibit U-Kansas City PCN Excerpt, # 23 Text of Proposed Order Proposed Order)(Hayes, Doug) (Entered: 09/04/2013)
2013-09-0415MOTION for Hearing re 14 MOTION for Preliminary Injunction by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB (Hayes, Doug) (Entered: 09/04/2013)
2013-09-0516Unopposed MOTION to Intervene by ENBRIDGE PIPELINES (FSP) L.L.C. (Attachments: # 1 Memorandum in Support, # 2 Declaration Declaration of Jerrid Anderson, # 3 Exhibit Corporate Declaration, # 4 Exhibit Responsive Pleading, # 5 Text of Proposed Order)(Taub, Cynthia) (Entered: 09/05/2013)
2013-09-0517NOTICE of Appearance by Cynthia Lucille Taub on behalf of ENBRIDGE PIPELINES (FSP) L.L.C. (Taub, Cynthia) (Entered: 09/05/2013)
2013-09-05MINUTE ORDER granting 16 Unopposed Motion to Intervene in Support of Defendants. Upon consideration of Enbridge Pipeline LLC's Unopposed Motion to Intervene as a Defendant in this action, and the Court having found that Enbridge Pipeline LLC satisfies the requirements of Fed. R. Civ. P. 24, it is hereby ORDERED that Enbridge Pipeline LLC's motion is GRANTED; and it is further ORDERED that Enbridge Pipeline LLC is hereby permitted to participate in this action as a defendant-intervenor. Signed by Judge Ketanji Brown Jackson on 09/05/2013. (lckbj1) (Entered: 09/05/2013)
2013-09-0518NOTICE of Appearance by John J. Gowel on behalf of DANIEL M. ASHE, THOMAS P. BOSTICK, MARK DESCHENES, ANTHONY FOXX, CHRISTOPHER HALL, SALLY JEWELL, GINA MCCARTHY, RICHARD A. PRATT, CYNTHIA L. QUARTERMAN, ANDREW D. SEXTON, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES FISH AND WILDLIFE SERVICE, KEVIN K. WASHBURN (Gowel, John) (Entered: 09/05/2013)
2013-09-05MINUTE ORDER. Based on the representations and agreements made during the conference call of even date, the Court hereby grants Plaintiffs' request for a hearing on their Motion for Preliminary Injunction and enters the following briefing schedule: Defendants' Responses due by 9/17/2013. Plaintiffs' Reply due by 9/23/2013. Preliminary Injunction Hearing set for 9/27/2013 10:30 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 09/05/2013. (lckbj1) (Entered: 09/05/2013)
2013-09-0520RESPONSE filed by ENBRIDGE PIPELINES (FSP) L.L.C.. (jf, ) (Entered: 09/09/2013)
2013-09-0521LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ENBRIDGE PIPELINES (FSP) L.L.C. identifying Other Affiliate ENBRIDGE INC. for ENBRIDGE PIPELINES (FSP) L.L.C.. (jf, ) (Entered: 09/09/2013)
2013-09-0619NOTICE of Appearance by Eric E. Huber on behalf of All Plaintiffs (Huber, Eric) (Entered: 09/06/2013)
2013-09-09MINUTE ORDER granting 15 Motion for Hearing. See MINUTE ORDER of September 5, 2013, for details. Signed by Judge Ketanji Brown Jackson on 09/09/2013. (lckbj1) (Entered: 09/09/2013)
2013-09-1022NOTICE of Appearance by David Hyler Coburn on behalf of ENBRIDGE PIPELINES (FSP) L.L.C. (Coburn, David) (Entered: 09/10/2013)
2013-09-1123NOTICE of Appearance by David Hyler Coburn on behalf of ENBRIDGE PIPELINES (FSP) L.L.C. (Coburn, David) (Entered: 09/11/2013)
2013-09-1224ORDER TO SHOW CAUSE. See attached Order for details. Signed by Judge Ketanji Brown Jackson on 09/12/2013. (lckbj1) (Entered: 09/12/2013)
2013-09-12Response to Order to Show Cause due by 9/19/2013. Signed by Judge Ketanji Brown Jackson on 09/12/2013. (lckbj1) (Entered: 09/12/2013)
2013-09-1625MOTION for Leave to File Excess Pages by ENBRIDGE PIPELINES (FSP) L.L.C. (Attachments: # 1 Text of Proposed Order)(Taub, Cynthia) (Entered: 09/16/2013)
2013-09-1626MOTION for Leave to File Excess Pages by DANIEL M. ASHE, THOMAS P. BOSTICK, MARK DESCHENES, ANTHONY FOXX, CHRISTOPHER HALL, SALLY JEWELL, GINA MCCARTHY, RICHARD A. PRATT, CYNTHIA L. QUARTERMAN, ANDREW D. SEXTON, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES FISH AND WILDLIFE SERVICE, KEVIN K. WASHBURN (Attachments: # 1 Text of Proposed Order)(Gowel, John) (Entered: 09/16/2013)
2013-09-16MINUTE ORDER granting 25 Motion for Leave to File Excess Pages; granting 26 Motion for Leave to File Excess Pages. The Court has considered the instant motions, and hereby GRANTS the parties' requested leave to file their submissions with no more than ten (10) excess pages. In granting these motions, the Court notes that it will entertain a similar request from Plaintiffs with regard to their reply submission. Signed by Judge Ketanji Brown Jackson on 09/16/2013. (lckbj1, ) (Entered: 09/16/2013)
2013-09-1727Memorandum in opposition to re 14 MOTION for Preliminary Injunction filed by ENBRIDGE PIPELINES (FSP) L.L.C.. (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C)(Coburn, David) (Entered: 09/17/2013)
2013-09-1728RESPONSE re 14 MOTION for Preliminary Injunction filed by DANIEL M. ASHE, THOMAS P. BOSTICK, MARK DESCHENES, ANTHONY FOXX, CHRISTOPHER HALL, SALLY JEWELL, GINA MCCARTHY, RICHARD A. PRATT, CYNTHIA L. QUARTERMAN, ANDREW D. SEXTON, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES FISH AND WILDLIFE SERVICE, KEVIN K. WASHBURN. (Attachments: # 1 Index to Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43, # 45 Exhibit 44, # 46 Exhibit 45, # 47 Exhibit 46, # 48 Exhibit 47, # 49 Exhibit 48, # 50 Exhibit 49, # 51 Exhibit 50, # 52 Exhibit 51, # 53 Text of Proposed Order)(McDonough, Eileen) (Entered: 09/17/2013)
2013-09-1929Unopposed MOTION for Leave to File Excess Pages by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB (Attachments: # 1 Text of Proposed Order)(Hayes, Doug) (Entered: 09/19/2013)
2013-09-19MINUTE ORDER granting 29 Motion for Leave to File Excess Pages. The Court has considered the instant unopposed motion, and for the reasons stated therein, hereby GRANTS Plainitffs' request to file a reply brief not to exceed 45 pages. Signed by Judge Ketanji Brown Jackson on 09/19/2013. (lckbj1) (Entered: 09/19/2013)
2013-09-1930RESPONSE TO ORDER TO SHOW CAUSE by DANIEL M. ASHE, THOMAS P. BOSTICK, MARK DESCHENES, ANTHONY FOXX, CHRISTOPHER HALL, SALLY JEWELL, GINA MCCARTHY, RICHARD A. PRATT, CYNTHIA L. QUARTERMAN, ANDREW D. SEXTON, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES FISH AND WILDLIFE SERVICE, KEVIN K. WASHBURN re 24 Order . (McDonough, Eileen) (Entered: 09/19/2013)
2013-09-1931ERRATA to Federal Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction by DANIEL M. ASHE, THOMAS P. BOSTICK, MARK DESCHENES, ANTHONY FOXX, CHRISTOPHER HALL, SALLY JEWELL, GINA MCCARTHY, RICHARD A. PRATT, CYNTHIA L. QUARTERMAN, ANDREW D. SEXTON, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES FISH AND WILDLIFE SERVICE, KEVIN K. WASHBURN. (Attachments: # 1 Corrections Made, # 2 Exhibit 43 Part 1, # 3 Exhibit 43 Part 2 (omitted from previous filing), # 4 Federal Defendants' Opposition Corrected re Errata)(McDonough, Eileen) (Entered: 09/19/2013)
2013-09-1932RESPONSE TO ORDER TO SHOW CAUSE by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB re 24 Order . (Hayes, Doug) (Entered: 09/19/2013)
2013-09-1933RESPONSE TO ORDER OF THE COURT re 24 Order to Show Cause filed by ENBRIDGE PIPELINES (FSP) L.L.C.. (Taub, Cynthia) (Entered: 09/19/2013)
2013-09-2334REPLY to opposition to motion re 14 MOTION for Preliminary Injunction filed by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB. (Attachments: # 1 Exhibit List, # 2 Exhibit A-Permanent Construction Harms_KXL FEIS, # 3 Exhibit B-Permanent Impacts_FWS BiOp ITS, # 4 Exhibit C-DOT Order, # 5 Exhibit D-Permanent Impacts_KXL FEIS, # 6 Exhibit E-Corps FOIA Response Letters_Sept. 13, # 7 Exhibit F-FS Draft NPDES Permit)(Hayes, Doug) (Entered: 09/23/2013)
2013-09-2535SUPPLEMENT re 30 RESPONSE TO ORDER OF THE COURT re 24 Order filed by DANIEL M. ASHE, THOMAS P. BOSTICK, MARK DESCHENES, ANTHONY FOXX, CHRISTOPHER HALL, SALLY JEWELL, GINA MCCARTHY, RICHARD A. PRATT, CYNTHIA L. QUARTERMAN, ANDREW D. SEXTON, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES FISH AND WILDLIFE SERVICE, KEVIN K. WASHBURN. (Gowel, John) Modified on 9/26/2013 (jf, ). (Entered: 09/25/2013)
2013-09-2636RESPONSE re 35 Response to Order of the Court,, (Defendants' Supplement) filed by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB. (Attachments: # 1 Exhibit List, # 2 Exhibit A-Kansas City FOIA Request_Aug 15, # 3 Exhibit B-Rock Island FOIA Request_Aug 15, # 4 Exhibit C-St. Louis FOIA Request_Aug 15, # 5 Exhibit D-FOIA Request for KXL PCNs, # 6 Exhibit E-Corps Denial of KXL PCNs)(Hayes, Doug) (Entered: 09/26/2013)
2013-09-2637RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/29/2013. (Attachments: # 1 Exhibit A-Certified Mail Card)(Hayes, Doug) (Entered: 09/26/2013)
2013-09-2638RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/29/2013. Answer due for ALL FEDERAL DEFENDANTS by 10/28/2013. (Attachments: # 1 Exhibit A-Certified Mail Card)(Hayes, Doug) (Entered: 09/26/2013)
2013-09-2639RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DANIEL M. ASHE served on 8/28/2013; THOMAS P. BOSTICK served on 8/30/2013; MARK DESCHENES served on 8/27/2013; ANTHONY FOXX served on 8/26/2013; CHRISTOPHER HALL served on 8/26/2013; SALLY JEWELL served on 8/28/2013; GINA MCCARTHY served on 8/28/2013; RICHARD A. PRATT served on 8/26/2013; CYNTHIA L. QUARTERMAN served on 8/28/2013; ANDREW D. SEXTON served on 9/3/2013; UNITED STATES ARMY CORPS OF ENGINEERS served on 8/30/2013; UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS served on 8/28/2013; UNITED STATES DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION served on 8/28/2013; UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 9/13/2013; UNITED STATES FISH AND WILDLIFE SERVICE served on 8/28/2013; KEVIN K. WASHBURN served on 8/28/2013 (Attachments: # 1 Exhibit A-Certified Mail Cards and USPS Tracking)(Hayes, Doug) (Entered: 09/26/2013)
2013-09-27Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Preliminary Injunction hearing re 14 held on 9/27/2013. Oral arguments heard and taken under advisement. (Court Reporter Scott Wallace). (dr) (Entered: 09/27/2013)
2013-09-2740ENTERED IN ERROR.....NOTICE Letter to Court by ENBRIDGE PIPELINES (FSP) L.L.C. (Attachments: # 1 Attachment A)(Coburn, David) Modified on 9/30/2013 (jf, ). (Entered: 09/27/2013)
2013-09-30MINUTE ORDER. In response to 24 the Courts Order to Show Cause regarding consolidation, Defendants represented that the U.S. Army Corps of Engineers (the Corps) is processing and has produced documents responsive to Plaintiffs request, and that Defendants had proposed to Plaintiffs a means of narrowing the FOIA issues in this case. ECF No. 30 at 4. Thereafter, in 35 Defendants Supplemental Response to the Show Cause Order, Defendants informed the Court that Plaintiffs had declined their proposal. Id. at 2. Nevertheless, Defendants stated that the Corps is currently in the process of reviewing and redacting documents responsive to Plaintiffs request and has begun production of those documents in light of other developments in the case. Id. Moreover, Defendants requested a stay of their obligation to answer Plaintiffs FOIA claim given the ongoing production, id.a stay request that Defendants reiterated at the hearing of September 27, 2013. Plaintiffs have consistently objected to any stay, both in orally and in writing. See, e.g., ECF. No 36. In light of Defendants representation that document production is currently occurring on a rolling basis and that the latest estimated date for production of all responsive documents is October 25, 2013, the Court hereby STAYS Defendants obligation to file an answer or other response to Plaintiffs FOIA claim (Claim I of the Amended Complaint) until November 1, 2013. Defendants have until that date to file an answer or other response; however, nothing in this order shall be interpreted to affect Defendants ongoing and continuing obligation to review and produce documents that are responsive to Plaintiffs pending FOIA request. Signed by Judge Ketanji Brown Jackson on 09/30/2013. (lckbj1) (Entered: 09/30/2013)
2013-09-30NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 40 Notice (Letter) was entered in error and counsel was instructed to refile said pleading as a proper document. (Counsel should review 5.1 (b) CORRESPONDENCE WITH COURT)(jf, ) (Entered: 09/30/2013)
2013-10-02Set/Reset Deadlines: Responsive Documents due by 10/25/2013 (gdf) (Entered: 10/02/2013)
2013-10-1041NOTICE OF SUPPLEMENTAL AUTHORITY by ENBRIDGE PIPELINES (FSP) L.L.C. (Attachments: # 1 Attachment A)(Coburn, David) (Entered: 10/10/2013)
2013-10-1042NOTICE OF SUPPLEMENTAL AUTHORITY by SIERRA CLUB (Attachments: # 1 Certificate of Service, # 2 Exhibit A)(Stebbins, Joshua) (Entered: 10/10/2013)
2013-10-11Defendant-Intervenor and Plaintiffs have each filed a Notice of Supplemental Authority alerting the Court to the United States Court of Appeals for the Tenth Circuit's recent decision in Sierra Club, Inc., et al. v. Bostick, et al., No. 12-6201, Doc. 01019139264 (10th Cir. October 9, 2013). (See ECF Nos. 41, 42.) The Court notes that, although termed a "Notice," Plaintiffs' submission contains six pages of argument regarding the application of the Tenth Circuit's ruling to the instant matter before the Court. In light of the extensive arguments advanced in Plaintiffs' submission, the Court will construe this "Notice" as a supplemental brief. Accordingly, the Court hereby ORDERS Defendants and Defendant-Intervenor to file, by no later than Friday, October 18, 2013, a brief in response to the Plaintiffs' supplemental brief regarding the significance and application of the Tenth Circuit's decision. Defendants' responsive briefs shall not exceed six pages and shall respond only to the arguments that Plaintiffs have raised in their supplemental submission. Signed by Judge Ketanji Brown Jackson on 10/11/2013. (lckbj1) (Entered: 10/11/2013)
2013-10-1543Unopposed MOTION to Stay by DANIEL M. ASHE, THOMAS P. BOSTICK, MARK DESCHENES, ANTHONY FOXX, CHRISTOPHER HALL, SALLY JEWELL, GINA MCCARTHY, RICHARD A. PRATT, CYNTHIA L. QUARTERMAN, ANDREW D. SEXTON, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES FISH AND WILDLIFE SERVICE, KEVIN K. WASHBURN (Attachments: # 1 Text of Proposed Order)(Gowel, John) (Entered: 10/15/2013)
2013-10-16MINUTE ORDER granting 43 Defendants' Unopposed Motion to Stay in light of lapse of appropriations. For good cause shown, it is hereby ORDERED that all deadlines in this case are STAYED, with the exception of the responsive briefing due on October 18, 2013. Within seven (7) days after Congress has appropriated funds for the Department of Justice, the parties shall file a joint status report with the Court proposing a consolidated schedule. Signed by Judge Ketanji Brown Jackson on 10/16/2013. (lckbj2) (Entered: 10/16/2013)
2013-10-17Set/Reset Deadlines: Responsive Briefing due by 10/18/2013. (gdf) (Entered: 10/17/2013)
2013-10-1844SUPPLEMENTAL MEMORANDUM to re Order,,,, in Response to Plaintiffs' Supplemental Brief filed by DANIEL M. ASHE, THOMAS P. BOSTICK, MARK DESCHENES, ANTHONY FOXX, CHRISTOPHER HALL, SALLY JEWELL, GINA MCCARTHY, RICHARD A. PRATT, CYNTHIA L. QUARTERMAN, ANDREW D. SEXTON, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES FISH AND WILDLIFE SERVICE, KEVIN K. WASHBURN. (Bair, Ty) (Entered: 10/18/2013)
2013-10-1845SUPPLEMENTAL MEMORANDUM to re 42 NOTICE OF SUPPLEMENTAL AUTHORITY filed by ENBRIDGE PIPELINES (FSP) L.L.C.. (Coburn, David) (Entered: 10/18/2013)
2013-10-2446STATUS REPORT Filed Jointly by all Parties by DANIEL M. ASHE, THOMAS P. BOSTICK, MARK DESCHENES, ENBRIDGE PIPELINES (FSP) L.L.C., ANTHONY FOXX, CHRISTOPHER HALL, SALLY JEWELL, GINA MCCARTHY, RICHARD A. PRATT, CYNTHIA L. QUARTERMAN, ANDREW D. SEXTON, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES FISH AND WILDLIFE SERVICE, KEVIN K. WASHBURN. (Bair, Ty) (Entered: 10/24/2013)
2013-11-0847MOTION to Dismiss by DANIEL M. ASHE, THOMAS P. BOSTICK, MARK DESCHENES, ANTHONY FOXX, CHRISTOPHER HALL, SALLY JEWELL, GINA MCCARTHY, RICHARD A. PRATT, CYNTHIA L. QUARTERMAN, ANDREW D. SEXTON, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES FISH AND WILDLIFE SERVICE, KEVIN K. WASHBURN (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1)(Bair, Ty) (Entered: 11/08/2013)
2013-11-1348ORDER denying 14 Plaintiffs' Motion for Preliminary Injunction. See attached order for details. Signed by Judge Ketanji Brown Jackson on 11/13/2013. (lckbj2) (Entered: 11/13/2013)
2013-11-1349MEMORANDUM OPINION denying 14 Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Ketanji Brown Jackson on 11/13/2013. (lckbj2) (Entered: 11/13/2013)
2013-11-1950MOTION to Dismiss Plaintiffs' Amended Complaint by ENBRIDGE PIPELINES (FSP) L.L.C. (Attachments: # 1 Memorandum in Support)(Coburn, David) (Entered: 11/19/2013)
2013-11-2151Unopposed MOTION for Extension of Time to File Response/Reply by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB (Attachments: # 1 Text of Proposed Order)(Hayes, Doug) (Entered: 11/21/2013)
2013-11-21MINUTE ORDER granting 51 Unopposed Motion for Extension of Time to File Response/Reply re 47 MOTION to Dismiss , 50 MOTION to Dismiss Plaintiffs' Amended Complaint . Plaintiffs shall respond to the pending motions to dismiss by 11/27/2013. Signed by Judge Ketanji Brown Jackson on 11/21/2013. (lckbj1) (Entered: 11/21/2013)
2013-11-2752NOTICE of Filing of Administrative Record List of Contents by DANIEL M. ASHE, THOMAS P. BOSTICK, MARK DESCHENES, ANTHONY FOXX, CHRISTOPHER HALL, SALLY JEWELL, GINA MCCARTHY, RICHARD A. PRATT, CYNTHIA L. QUARTERMAN, ANDREW D. SEXTON, UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF INDIAN AFFAIRS, UNITED STATES DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES FISH AND WILDLIFE SERVICE, KEVIN K. WASHBURN (Attachments: # 1 Administrative Record Index, # 2 Privilege Log, # 3 Kansas City District Certification, # 4 Rock Island District Certification, # 5 St. Louis District Certification, # 6 Tulsa District Certification)(Bair, Ty) (Entered: 11/27/2013)
2013-11-2753RESPONSE re 47 MOTION to Dismiss , 50 MOTION to Dismiss Plaintiffs' Amended Complaint filed by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB. (Attachments: # 1 Exhibit A-Miss River Easement EA, # 2 Exhibit B-Ark River Easement EA)(Hayes, Doug) (Entered: 11/27/2013)
2013-11-2754MOTION for Briefing Schedule by ENBRIDGE PIPELINES (FSP) L.L.C. (Attachments: # 1 Text of Proposed Order)(Coburn, David) (Entered: 11/27/2013)
2013-11-2755ADMINISTRATIVE RECORD by ALL FEDERAL DEFENDANTS. (See Docket Entry 52 to view document) (jf, ) (Entered: 12/02/2013)
2013-12-02MINUTE ORDER. Any party opposing 54 MOTION for Briefing Schedule shall file a response by Wednesday, December 4, 2013. Signed by Judge Ketanji Brown Jackson on 12/02/2013. (lckbj2) (Entered: 12/02/2013)
2013-12-0256Unopposed MOTION for Extension of Time to File Response/Reply in Support of Partial Motion to Dismiss by ALL FEDERAL DEFENDANTS (Bair, Ty) (Entered: 12/02/2013)
2013-12-0357Joint MOTION for Protective Order by ALL FEDERAL DEFENDANTS (Attachments: # 1 Stipulated Protective Order)(Bair, Ty) (Entered: 12/03/2013)
2013-12-0458Memorandum in opposition to re 54 MOTION for Briefing Schedule filed by ALL FEDERAL DEFENDANTS. (Bair, Ty) (Entered: 12/04/2013)
2013-12-0459ORDER granting 57 Motion for Protective Order for good cause shown. See attached order for details. Signed by Judge Ketanji Brown Jackson on 12/04/2013. (lckbj2) (Entered: 12/04/2013)
2013-12-0460SCHEDULING ORDER. See attached order for details. Signed by Judge Ketanji Brown Jackson on 12/04/2013. (lckbj2) (Entered: 12/04/2013)
2013-12-04MINUTE ORDER granting 56 Motion for Extension of Time to File Response/Reply in Support of Partial Motion to Dismiss. Federal Defendants' and Intervenor's replies shall be due by 12/18/2013. Signed by Judge Ketanji Brown Jackson on 12/04/2013.(lckbj2) (Entered: 12/04/2013)
2013-12-05Set/Reset Deadlines/Hearings: Cross Motions due by 1/10/2014. Response to Cross Motions due by 1/27/2014. Reply to Cross Motions due by 2/10/2014. Status Report due by 12/18/2013 Summary Judgment motions due by 12/9/2013. Response to Motion for Summary Judgment due by 1/10/2014. Reply to Motion for Summary Judgment due by 1/27/2014. Motion Hearing set for 2/21/14 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. (gdf) (Entered: 12/05/2013)
2013-12-05Set/Reset Hearings: Motion Hearing set for 2/21/2014 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. (gdf) (Entered: 12/05/2013)
2013-12-0961MOTION for Summary Judgment by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB (Attachments: # 1 Exhibit A-KXL Joint Appellees Brief Excerpt)(Hayes, Doug) (Entered: 12/09/2013)
2013-12-1762REPLY to opposition to motion re 47 MOTION to Dismiss filed by ALL FEDERAL DEFENDANTS. (Bair, Ty) (Entered: 12/17/2013)
2013-12-1863STATUS REPORT - Joint by ALL FEDERAL DEFENDANTS. (Gowel, John) (Entered: 12/18/2013)
2013-12-1864REPLY to opposition to motion re 47 MOTION to Dismiss filed by ENBRIDGE PIPELINES (FSP) L.L.C.. (Coburn, David) (Entered: 12/18/2013)
2013-12-20MINUTE ORDER. In light of the representations made in the parties' 63 Status Report regarding ongoing settlement negotitions regarding Plaintiff's FOIA claim, it is hereby ORDERED that the parties shall file a status report with the Court addressing the status of Plaintiffs FOIA claims by January 18, 2014. If litigation is going to be necessary, the status report shall include a proposed briefing scheduling. Signed by Judge Ketanji Brown Jackson on 12/20/2013. (lckbj1) (Entered: 12/20/2013)
2014-01-0865MOTION Relief from Local Rule 7(n)(1) by ALL FEDERAL DEFENDANTS (Bair, Ty) (Entered: 01/08/2014)
2014-01-1066Consent MOTION to Amend/Correct 55 Administrative Record by ALL FEDERAL DEFENDANTS (Attachments: # 1 Exhibit Second Declaration of J. Doerr, # 2 Text of Proposed Order)(McDonough, Eileen) (Entered: 01/10/2014)
2014-01-10MINUTE ORDER granting 66 Consent Motion to Amend/Correct Administrative Record. Signed by Judge Ketanji Brown Jackson on 1/10/2014. (lckbj1) (Entered: 01/10/2014)
2014-01-1067NOTICE of Filing of U.S. Fish and Wildlife Service Administrative Record List of Contents by ALL FEDERAL DEFENDANTS (Attachments: # 1 Certification, # 2 Index)(Bair, Ty) (Entered: 01/10/2014)
2014-01-1068ADMINISTRATIVE RECORD by ALL FEDERAL DEFENDANTS. (See Docket Entry 52 67 to view documents) (jf, ) (Entered: 01/10/2014)
2014-01-1069Memorandum in opposition to re 61 MOTION for Summary Judgment filed by ALL FEDERAL DEFENDANTS. (Attachments: # 1 Exhibit A (Western District of Oklahoma Opinion))(Bair, Ty) (Entered: 01/10/2014)
2014-01-1070Cross MOTION for Summary Judgment by ALL FEDERAL DEFENDANTS (Attachments: # 1 Exhibit A (Western District of Oklahoma Opinion))(Bair, Ty) (Entered: 01/10/2014)
2014-01-1071Cross MOTION for Summary Judgment by ENBRIDGE PIPELINES (FSP) L.L.C. (Coburn, David) . (Entered: 01/10/2014)
2014-01-1272Memorandum in opposition to re 61 MOTION for Summary Judgment filed by ENBRIDGE PIPELINES (FSP) L.L.C.. (Coburn, David) (Entered: 01/12/2014)
2014-01-1773STATUS REPORT (Joint) by ALL FEDERAL DEFENDANTS. (Gowel, John) (Entered: 01/17/2014)
2014-01-21MINUTE ORDER. In light of the representations made in the parties' 73 Status Report regarding ongoing settlement negotitions regarding Plaintiff's FOIA claim, it is hereby ORDERED that the parties shall file a status report with the Court addressing the status of Plaintiffs FOIA claims by February 17, 2014. If litigation is going to be necessary, the status report shall include a proposed briefing scheduling. Signed by Judge Ketanji Brown Jackson on 1/21/2014. (lckbj2) (Entered: 01/21/2014)
2014-01-2774REPLY to opposition to motion re 61 MOTION for Summary Judgment filed by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB. (Attachments: # 1 Exhibit A-PI Hearing Transcript Excerpt)(Hayes, Doug) (Entered: 01/27/2014)
2014-01-2775RESPONSE re 71 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment , 70 Cross MOTION for Summary Judgment filed by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB. (Attachments: # 1 Exhibit A-PI Hearing Transcript Excerpt)(Hayes, Doug) (Entered: 01/27/2014)
2014-01-30MINUTE ORDER. Upon consideration of 65 Motion for Relief from Local Rule 7(n)(1) by ALL FEDERAL DEFENDANTS, and for good cause shown, the motion is hereby GRANTED. Signed by Judge Ketanji Brown Jackson on 01/29/2014.(lckbj2) (Entered: 01/30/2014)
2014-02-1076REPLY to opposition to motion re 70 Cross MOTION for Summary Judgment filed by ALL FEDERAL DEFENDANTS. (Bair, Ty) (Entered: 02/10/2014)
2014-02-1077REPLY to opposition to motion re 71 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by ENBRIDGE PIPELINES (FSP) L.L.C.. (Coburn, David) (Entered: 02/10/2014)
2014-02-1878STIPULATION of Dismissal (Joint) and settlement by ALL FEDERAL DEFENDANTS. (Gowel, John) (Entered: 02/18/2014)
2014-02-21Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Motion Hearing held on 2/21/2014. Oral argument re 71 Cross MOTION for Summary 61 , MOTION for Summary Judgment, 47 MOTION to Dismiss, 70 Cross MOTION for Summary Judgment, 50 MOTION to Dismiss. Motions taken under advisement. (Court Reporter Patty Gels) (gdf) (Entered: 02/21/2014)
2014-02-21MINUTE ORDER. Upon consideration of the parties' oral motion to extend the deadline for filing an appendix of the administrative record pursuant to Local Civil Rule 7(n), the motion is hereby GRANTED. The parties shall file their Rule 7(n) appendix by March 10, 2014. Signed by Judge Ketanji Brown Jackson on 02/21/2014. (lckbj2) (Entered: 02/21/2014)
2014-02-24Set/Reset Deadlines: Rule 7(n) appendix due by 3/10/2014. (gdf) (Entered: 02/24/2014)
2014-03-0479ADMINISTRATIVE RECORD APPENDIX by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB. (Attachments: # 1 Appendix A-Part 1, # 2 Appendix A-Part 2, # 3 Appendix A-Part 3, # 4 Appendix A-Part 4, # 5 Appendix A-Part 5, # 6 Appendix A-Part 6, # 7 Appendix A-Part 7, # 8 Appendix A-Part 8, # 9 Appendix A-Part 9, # 10 Appendix A-Part 10, # 11 Appendix A-Part 11, # 12 Appendix A-Part 12, # 13 Appendix A-Part 13, # 14 Appendix A-Part 14, # 15 Appendix A-Part 15, # 16 Appendix A-Part 16, # 17 Appendix A-Part 17, # 18 Appendix A-Part 18, # 19 Appendix A-Part 19, # 20 Appendix A-Part 20, # 21 Appendix A-Part 21)(Hayes, Doug) (Entered: 03/04/2014)
2014-03-2780NOTICE OF SUPPLEMENTAL AUTHORITY by ALL FEDERAL DEFENDANTS (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bair, Ty) (Entered: 03/27/2014)
2014-04-2381NOTICE of Issuance of Easements by the Bureau of Indian Affairs by ALL FEDERAL DEFENDANTS (Bair, Ty) (Entered: 04/23/2014)
2014-04-2482ERRATA by ALL FEDERAL DEFENDANTS 81 Notice (Other) filed by ALL FEDERAL DEFENDANTS. (Bair, Ty) (Entered: 04/24/2014)
2014-05-0983MOTION to Amend/Correct 7 Amended Complaint,, by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB (Attachments: # 1 Supplement Second Supplemental and Amended Complaint, # 2 Text of Proposed Order)(Hayes, Doug) (Entered: 05/09/2014)
2014-05-2184RESPONSE re 83 MOTION to Amend/Correct 7 Amended Complaint,, filed by ENBRIDGE PIPELINES (FSP) L.L.C.. (Coburn, David) (Entered: 05/21/2014)
2014-06-0685NOTICE OF SUPPLEMENTAL AUTHORITY by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB (Attachments: # 1 Exhibit A-DE Riverkeeper v. FERC)(Hayes, Doug) (Entered: 06/06/2014)
2014-06-2586RESPONSE re 85 NOTICE OF SUPPLEMENTAL AUTHORITY filed by ENBRIDGE PIPELINES (FSP) L.L.C.. (Coburn, David) (Entered: 06/25/2014)
2014-06-2687REPLY re 85 NOTICE OF SUPPLEMENTAL AUTHORITY filed by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB. (Hayes, Doug) (Entered: 06/26/2014)
2014-07-0188NOTICE OF SUBSTITUTION OF COUNSEL by Wayne Holden Williams on behalf of ALL FEDERAL DEFENDANTS Substituting for attorney John Gowel (Williams, Wayne) (Entered: 07/01/2014)
2014-07-1489MOTION to Expedite Ruling on Plaintiffs' Motion to Supplement and Amend First Amended Complaint by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB (Attachments: # 1 Text of Proposed Order)(Hayes, Doug) (Entered: 07/14/2014)
2014-07-1890NOTICE of Issuance of Easements by the Army Corps of Engineers by ALL FEDERAL DEFENDANTS (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bair, Ty) (Entered: 07/18/2014)
2014-08-0591TRANSCRIPT OF PROCEEDINGS before Judge Ketanji Brown Jackson Page Numbers: 1-72. Date of Issuance:9-27-13. Court Reporter/Transcriber Scott Wallace, Telephone number 202-277-3739, Court Reporter Email Address : Scottlyn01@aol.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 8/26/2014. Redacted Transcript Deadline set for 9/5/2014. Release of Transcript Restriction set for 11/3/2014.(Wallace, Scott) (Entered: 08/05/2014)
2014-08-0592TRANSCRIPT OF PROCEEDINGS before Judge Ketanji Brown Jackson Page Numbers: 1-72. Date of Issuance:9-27-13. Court Reporter/Transcriber Scott Wallace, Telephone number 202-277-3739, Court Reporter Email Address : Scottlyn01@aol.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 8/26/2014. Redacted Transcript Deadline set for 9/5/2014. Release of Transcript Restriction set for 11/3/2014.(Wallace, Scott) (Entered: 08/05/2014)
2014-08-0593Unopposed MOTION to Amend/Correct 7 Amended Complaint,, by NATIONAL WILDLIFE FEDERATION, SIERRA CLUB (Attachments: # 1 Supplement Second Supplemental and Amended Complaint, # 2 Text of Proposed Order)(Hayes, Doug) (Entered: 08/05/2014)
2014-08-1894MEMORANDUM OPINION granting in part Defendants' 47 and Intervenor's 50 Motions to Partially Dismiss; granting Defendants' 70 and Intervenor's 71 Cross Motions for Summary Judgment; and denying Plaintiffs' 61 Motion for Summary Judgment, 83 Motion to Supplement and Amend First Amended Complaint, and 93 Unopposed Motion to Supplement and Amend First Amended Complaint. Signed by Judge Ketanji Brown Jackson on 8/18/2014. (lckbj2) (Entered: 08/18/2014)
2014-08-1895ORDER granting in part Defendants' 47 and Intervenor's 50 Motions to Partially Dismiss; granting Defendants' 70 and Intervenor's 71 Cross Motions for Summary Judgment; and denying Plaintiffs' 61 Motion for Summary Judgment. See attached Order for details. Signed by Judge Ketanji Brown Jackson on 08/14/2014. (lckbj2) (Entered: 08/18/2014)
2014-08-1896ORDER denying Plaintiffs' 83 Motion to Supplement and Amend First Amended Complaint and 93 Unopposed Motion to Supplement and Amend First Amended Complaint. See attached Order for details. Signed by Judge Ketanji Brown Jackson on 08/14/2014. (lckbj2) (Entered: 08/18/2014)
2014-08-18MINUTE ORDER finding as moot Plaintiffs' 89 Motion to Expedite Ruling on Plaintiffs' 83 Motion to Supplement and Amend First Amended Complaint. Signed by Judge Ketanji Brown Jackson on 08/18/2014. (lckbj2) (Entered: 08/18/2014)
2014-08-1997TRANSCRIPT OF PROCEEDINGS before Judge Ketanji Brown Jackson held on 2/21/14; Date of Issuance:8/19/14. Court Reporter/Transcriber Patty Gels, Telephone number 202-354-3236, Court Reporter Email Address : Patty_Gels@dcd.uscourts.gov.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 9/9/2014. Redacted Transcript Deadline set for 9/19/2014. Release of Transcript Restriction set for 11/17/2014.(Gels, Patty) (Entered: 08/19/2014)
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