This case was last updated from PACER on 07/12/2020 at 06:06:37 (UTC).

Northern Plains, et al v. U.S. Army Corps of Engineers, et al

Case Summary

On 05/13/2020 Northern Plains filed an Other - Environment lawsuit against U S Army Corps of Engineers. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Ninth Circuit. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    20-35414

  • Filing Date:

    05/13/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Environment

 

Party Details

Defendants

UNITED STATES ARMY CORPS OF ENGINEERS

TODD T. SEMONITE, In his official capacity and U.S. Army Chief of Engineers and Commanding General of the U.S. Army Corps of Engineers

Plaintiff / Appellees

FRIENDS OF THE EARTH

BOLD ALLIANCE

NORTHERN PLAINS RESOURCE COUNCIL

SIERRA CLUB

NATURAL RESOURCES DEFENSE COUNCIL

CENTER FOR BIOLOGICAL DIVERSITY

Intervenor Defendant / Appellants

AMERICAN PETROLEUM INSTITUTE

STATE OF MONTANA

AMERICAN GAS ASSOCIATION

INTERSTATE NATURAL GAS ASSOCIATION OF AMERICA

ASSOCIATION OF OIL PIPE LINES

TC ENERGY CORPORATION

TRANSCANADA KEYSTONE PIPELINE, LP

NATIONAL RURAL ELECTRIC COOPERATIVE ASSOCIATION

Amicus Curiae

ENERGY EQUIPMENT AND INFRASTRUCTURE ALLIANCE

ENERGY INFRASTRUCTURE COUNCIL

STATE OF WEST VIRGINIA, AND 17 OTHER STATES (TEXAS, ALABAMA, ALASKA, ARKANSAS, GEORGIA, INDIANA, KANSAS, KENTUCKY, LOUISIANA, MISSOURI, NEBRASKA, NORTH DAKOTA, OHIO, OKLAHOMA, SOUTH CAROLINA, SOUTH DAKOTA, AND UTAH)

AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS

4 More Parties Available

Attorney/Law Firm Details

Plaintiff / Appellee Attorneys

Jared Margolis

Attorney at Center for Biological Diversity

2852 Willamette Street, P.O. Box 171

Eugene, OR 97405

Eric Huber

Attorney at Sierra Club

1650 38Th Street

Boulder, CO 80301

Jaclyn Hope Prange

Attorney at Natural Resources Defense Council

111 Sutter Street, 21St Floor

San Francisco, CA 94104

Cecilia D. Segal

Attorney at Natural Resources Defense Council

111 Sutter Street, 21St Floor

San Francisco, CA 94104

Douglas Hayes

Attorney at Sierra Club

1650 38Th Street

Boulder, CO 80301

Timothy M. Bechtold Esquire

Attorney at BECHTOLD LAW FIRM PLLC

P.O. Box 7051

Missoula, MT 59807

Alexander Tom

Attorney at Natural Resources Defense Council

111 Sutter Street, 21St Floor

San Francisco, CA 94104

Intervenor Defendant / Appellant Attorneys

Elbert Lin Esquire

Attorney at Hunton Andrews Kurth LLP

951 East Byrd Street, Riverfront Plaza - East Tower

Richmond, VA 23219

Brianne Cassidy McClafferty

Attorney at Holland & Hart LLP

401 North 31St Street, P.O. Box 639

Billings, MT 59103-0639

Deidre Glasser Duncan

Attorney at Hunton Andrews Kurth LLP

2200 Pennsylvania Avenue, Nw

Washington, DC 20037

William Walter Mercer

Attorney at Holland & Hart LLP

401 North 31St Street, P.O. Box 639

Billings, MT 59103-0639

Karma B. Brown

Attorney at Hunton & Williams LLP

2200 Pennsylvania Avenue, Nw

Washington, DC 20037

Amicus Curiae Attorneys

Michael Hugh McGinley

Attorney at DECHERT LLP

2929 Arch Street

Philadelphia, PA 19104-2808

Jeremy C. Marwell

Attorney at Vinson & Elkins LLP

2200 Pennsylvania Avenue Nw, Suite 500 West

Washington, DC 20037-1701

Lindsay Sara See

Attorney at OFFICE OF THE ATTORNEY GENERAL

Building 1, Room E-26

Charleston, WV 25305

Andrew Christopher Silton

Attorney at Beveridge & Diamond PC

1350 I Street, Nw, Suite 700

Washington, DC 20005

Other Attorneys

James Patrick Hunter

Attorney at Southern Environmental Law Center

48 Patton Avenue, Suite 304

Asheville, NC 28801

Wesley James Furlong Esquire

Attorney at Native American Rights Fund

745 W. 4Th Avenue

Anchorage, AK 99501

Spencer Thomas Gall

Attorney at Southern Environmental Law Center

201 East Main St., Suite 14

Charlottesville, VA 22902

Benjamin Luckett

Attorney at Appalachian Mountain Advocates

P.O. Box 507

Lewisburg, WV 24901

1 More Attorneys Available

 

Court Documents

#66

(#53) Filed (ECF) State of Montana Motion to consolidate cases 20-35432, 20-35412, 20-35414, and 20-35415. Date of service: 06/29/2020. [11738099] [20-35412, 20-35414, 20-35415]--[COURT ENTERED FILING. Originally filed in case 20-35432 by Appellant State of Montana.] (SLM) [Entered: 06/30/2020 11:41 AM]

#63

(#50) Filed clerk order: The amicus brief [ # 38 ] submitted by Defenders of Wildlife; et al., is filed. No paper copies are required at this time. [11704546] [20-35412, 20-35414, 20-35415] (SML) [Entered: 05/28/2020 06:30 PM]

#58

(#45) Filed order (BARRY G. SILVERMAN and JACQUELINE H. NGUYEN): The motions to become amicus curiae submitted by American Fuel & Petrochemical Manufacturers; Energy Infrastructure Council; the Chamber of Commerce of the United States; the Energy Equipment and Infrastructure Alliance; the States of West Virginia, Texas, Alabama, Alaska, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, and Utah; Defenders of Wildlife, Virginia Wilderness Committee, West Virginia Highlands Conservancy, and West Virginia Rivers Coalition; and the Rosebud Sioux Tribe and Fort Belknap Indian Community (Docket Entry Nos. [ # 14 ], [ # 16 ], [ # 17 ], [ # 27 ], [ # 38 ], and [ # 40 ] in 20-35412) are granted. The Federal Appellants request to file an oversized reply in support of their motion for a stay pending appeal (Docket Entry No. [ # 36 ] in 20-35412) is granted. Appellants emergency motions for a partial stay of the district courts April 15, 2020 and May 11, 2020 orders pending appeal (Docket Entry Nos. [ # 11690020-2 ], [ # 11690030-2 ], [ # 5 ], and [ # 20 ] in 20-35412) are denied. Appellants have not demonstrated a sufficient likelihood of success on the merits and probability of irreparable harm to warrant a stay pending appeal. See Nken v. Holder, 556 U.S. 418, 42526 (2009). The previously established briefing schedule remains in effect. (COURT UPDATE: Attach corrected PDF with additional amicus curiae party; 5/28/2020 by AF) [11703762] [20-35412, 20-35414, 20-35415] (AF) [Entered: 05/28/2020 11:44 AM]

#53

No Description Available

51 #1

Main Document

#48

No Description Available

#47

No Description Available

#40

No Description Available

#39

No Description Available

#32

No Description Available

31 #2

Amicus Brief

31 #1

Main Document

30 #1

Unopposed Motion for Leave to File Amicus Brief

28 #2

Amicus Brief

1 #4

Case Opening Packet

42 More Documents Available

 

Docket Entries

  • 06/30/2020
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  • Docket(#53) Filed (ECF) State of Montana Motion to consolidate cases 20-35432, 20-35412, 20-35414, and 20-35415. Date of service: 06/29/2020. [11738099] [20-35412, 20-35414, 20-35415]--[COURT ENTERED FILING. Originally filed in case 20-35432 by Appellant State of Montana.] (SLM) [Entered: 06/30/2020 11:41 AM]

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  • 05/28/2020
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  • Docket(#52) Filed clerk order: The amicus brief [ # 34 ] submitted by Fort Belknap Indian Community and Rosebud Sioux Tribe is filed. No paper copies are required at this time. [11704548] [20-35412, 20-35414, 20-35415] (SML) [Entered: 05/28/2020 06:33 PM]

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  • 05/28/2020
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  • Docket(#51) MEDIATION ORDER FILED: These appeals are NOT SELECTED for inclusion in the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [11704547] [20-35412, 20-35414, 20-35415, 20-35432] (BLS) [Entered: 05/28/2020 06:30 PM]

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  • 05/28/2020
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  • Docket(#50) Filed clerk order: The amicus brief [ # 38 ] submitted by Defenders of Wildlife; et al., is filed. No paper copies are required at this time. [11704546] [20-35412, 20-35414, 20-35415] (SML) [Entered: 05/28/2020 06:30 PM]

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  • 05/28/2020
  • View Court Documents
  • Docket(#49) Filed clerk order: The amicus brief [ # 19 ] submitted by State of West Virginia; et al., is filed. No paper copies are required at this time. [11704543] [20-35412, 20-35414, 20-35415] (SML) [Entered: 05/28/2020 06:20 PM]

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  • 05/28/2020
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  • Docket(#48) Filed clerk order: The amicus brief [ # 17 ] submitted by Chamber of Commerce of the United States of America and Energy Equipment and Infrastructure Alliance is filed. No paper copies are required at this time. [11704541] [20-35412, 20-35414, 20-35415] (SML) [Entered: 05/28/2020 06:18 PM]

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  • 05/28/2020
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  • Docket(#47) Filed clerk order: The amicus brief [ # 16 ] submitted by Energy Infrastructure Council is filed. No paper copies are required at this time. [11704540] [20-35412, 20-35414, 20-35415] (SML) [Entered: 05/28/2020 06:17 PM]

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  • 05/28/2020
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  • Docket(#46) Filed clerk order: The amicus brief [ # 14 ] submitted by American Fuel & Petrochemical Manufacturers is filed. No paper copies are required at this time. [11704538] [20-35412, 20-35414, 20-35415] (SML) [Entered: 05/28/2020 06:15 PM]

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  • 05/28/2020
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  • Docket(#45) Filed order (BARRY G. SILVERMAN and JACQUELINE H. NGUYEN): The motions to become amicus curiae submitted by American Fuel & Petrochemical Manufacturers; Energy Infrastructure Council; the Chamber of Commerce of the United States; the Energy Equipment and Infrastructure Alliance; the States of West Virginia, Texas, Alabama, Alaska, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, and Utah; Defenders of Wildlife, Virginia Wilderness Committee, West Virginia Highlands Conservancy, and West Virginia Rivers Coalition; and the Rosebud Sioux Tribe and Fort Belknap Indian Community (Docket Entry Nos. [ # 14 ], [ # 16 ], [ # 17 ], [ # 27 ], [ # 38 ], and [ # 40 ] in 20-35412) are granted. The Federal Appellants request to file an oversized reply in support of their motion for a stay pending appeal (Docket Entry No. [ # 36 ] in 20-35412) is granted. Appellants emergency motions for a partial stay of the district courts April 15, 2020 and May 11, 2020 orders pending appeal (Docket Entry Nos. [ # 11690020-2 ], [ # 11690030-2 ], [ # 5 ], and [ # 20 ] in 20-35412) are denied. Appellants have not demonstrated a sufficient likelihood of success on the merits and probability of irreparable harm to warrant a stay pending appeal. See Nken v. Holder, 556 U.S. 418, 42526 (2009). The previously established briefing schedule remains in effect. (COURT UPDATE: Attach corrected PDF with additional amicus curiae party; 5/28/2020 by AF) [11703762] [20-35412, 20-35414, 20-35415] (AF) [Entered: 05/28/2020 11:44 AM]

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  • 05/28/2020
  • Docket(#44) Added Attorney(s) Spencer Thomas Gall for party(s) Amicus Curiae - Pending DOW, in case 20-35415 Attorney(s) Spencer Thomas Gall for party(s) Amicus Curiae - Pending DOW, in case 20-35414 Attorney(s) Spencer Thomas Gall for party(s) Amicus Curiae - Pending DOW, in case 20-35412. [11703371] [20-35412, 20-35414, 20-35415] (CW) [Entered: 05/28/2020 08:43 AM]

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33 More Docket Entries
  • 05/15/2020
  • Docket(#10) Filed (ECF) notice of appearance of Deidre Glasser Duncan (Hunton Andrews Kurth LLP, 2200 Pennsylvania Avenue, N.W., Washington, DC 20037) for Appellants American Gas Association, American Petroleum Institute, Association of Oil Pipe Lines, Interstate Natural Gas Association of America and National Rural Electric Cooperative Association in 20-35414. Date of service: 05/15/2020. (Party was previously proceeding with counsel.) [11691960] [20-35412, 20-35414, 20-35415] (Duncan, Deidre) [Entered: 05/15/2020 10:13 AM]

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  • 05/15/2020
  • Docket(#9) Filed (ECF) notice of appearance of Karma Barsam Brown (Hunton Andrews Kurth LLP, 2200 Pennsylvania Avenue, N.W., Washington, DC 20037) for Appellants American Gas Association, American Petroleum Institute, Association of Oil Pipe Lines, Interstate Natural Gas Association of America and National Rural Electric Cooperative Association in 20-35414. Date of service: 05/15/2020. (Party was previously proceeding with counsel.) [11691949] [20-35412, 20-35414, 20-35415] (Brown, Karma) [Entered: 05/15/2020 10:07 AM]

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  • 05/15/2020
  • Docket(#8) Added Attorney(s) Joseph R. Guerra, Peter Whitfield for party(s) Appellant TransCanada Keystone Pipeline, LP Appellant TC Energy Corporation, in case 20-35415. [11691664] [20-35412, 20-35414, 20-35415] (CW) [Entered: 05/15/2020 07:17 AM]

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  • 05/15/2020
  • Docket(#7) Added Attorney(s) Kathleen Moriarty Mueller for party(s) Appellant TransCanada Keystone Pipeline, LP Appellant TC Energy Corporation, in case 20-35415. [11691657] [20-35412, 20-35414, 20-35415] (CW) [Entered: 05/15/2020 07:13 AM]

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  • 05/15/2020
  • Docket(#6) Filed (ECF) notice of appearance of Kathleen M. Mueller (Sidley Austin LLP, 1501 K Street, N.W., Washington, D.C. 20005) for Appellants TC Energy Corporation and TransCanada Keystone Pipeline, LP in 20-35415. Date of service: 05/15/2020. (Party was previously proceeding with counsel.) [11691640] [20-35412, 20-35414, 20-35415] (Mueller, Kathleen) [Entered: 05/15/2020 06:12 AM]

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  • 05/14/2020
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  • Docket(#5) Filed (ECF) Appellants TC Energy Corporation and TransCanada Keystone Pipeline, LP in 20-35415 Motion to stay lower court action. Date of service: 05/14/2020. [11691614] [20-35412, 20-35414, 20-35415] (Whitfield, Peter) [Entered: 05/14/2020 08:47 PM]

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  • 05/14/2020
  • Docket(#4) Filed (ECF) notice of appearance of Peter Whitfield (Sidley Austin LLP, 1501 K Street, N.W., Washington, D.C. 20005) for Appellants TC Energy Corporation and TransCanada Keystone Pipeline, LP in 20-35415. Date of service: 05/14/2020. (Party was previously proceeding with counsel.) [11691612] [20-35412, 20-35414, 20-35415] (Whitfield, Peter) [Entered: 05/14/2020 08:10 PM]

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  • 05/14/2020
  • Docket(#3) Filed (ECF) notice of appearance of Joseph R. Guerra (Sidley Austin LLP, 1501 K Street, N.W., Washington, D.C. 20005) for Appellants TC Energy Corporation and TransCanada Keystone Pipeline, LP in 20-35415. Date of service: 05/14/2020. (Party was previously proceeding with counsel.) [11691610] [20-35415, 20-35412, 20-35414] (Guerra, Joseph) [Entered: 05/14/2020 08:00 PM]

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  • 05/14/2020
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  • Docket(#2) Filed order (BARRY G. SILVERMAN and JACQUELINE H. NGUYEN): The court sua sponte consolidates appeal Nos. 20-35412, 20-35414, and 20-35415. The court has received the federal defendants emergency motion for stay in No. 20-35412. The opposed motion to file an oversized motion for stay (Docket Entry No. [ # 11690035-2 ]) is granted. The opposed request for an immediate administrative stay is denied. The court adopts the federal defendants proposed briefing schedule for the emergency motion for a stay. Related stay motions and amicus briefs in support of a stay are due May 15, 2020. Opposition(s) to the stay motion(s) are due May 20, 2020. Replies and amicus briefs in opposition to the stay motion(s) are due May 22, 2020. [11691383] [20-35412, 20-35414, 20-35415] (AF) [Entered: 05/14/2020 04:00 PM]

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  • 05/13/2020
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  • Docket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants American Gas Association, American Petroleum Institute, Association of Oil Pipe Lines, Interstate Natural Gas Association of America and National Rural Electric Cooperative Association Mediation Questionnaire due on 05/20/2020. Transcript ordered by 06/12/2020. Transcript due 07/13/2020. Appellants American Gas Association, American Petroleum Institute, Association of Oil Pipe Lines, Interstate Natural Gas Association of America and National Rural Electric Cooperative Association opening brief due 08/21/2020. Appellees Bold Alliance, Center for Biological Diversity, Friends of the Earth, Natural Resources Defense Council, Northern Plains Resource Council and Sierra Club answering brief due 09/21/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11689845] (JBS) [Entered: 05/13/2020 01:55 PM]

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