Chamber of Commerce, et al v. EPA, et al
Court Docket Sheet

2016-05038 (ca10)

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04/20/2016
[10360867] Civil case docketed. Preliminary record filed. DATE RECEIVED: 04/20/2016,04/20/2016 Docketing statement, transcript order form and notice of appearance due 05/04/2016 for Chamber of Commerce of the United States of America, National Federation of Independent Business, Portland Cement Association, State Chamber of Oklahoma and Tulsa Regional Chamber. Notice of appearance due on 05/04/2016 for Jo-Ellen Darcy, Gina McCarthy, United States Army Corps of Engineers and United States Environmental Protection Agency [16-5038] [Entered: 04/20/2016 10:42 AM]
04/22/2016
[10361751] Notice of appearance submitted by John David Gunter II and Robert J. Lundman for Appellees Jo-Ellen Darcy, Gina McCarthy, United States Army Corps of Engineers and EPA in 16-5038, 16-5039 for court review. Certificate of Interested Parties: Yes. Served on 04/22/2016. Manner of Service: email. [16-5038, 16-5039]--[Edited 04/22/2016 by AT to remove PDF as pleading was filed on 4/22/2016.] JDG [Entered: 04/22/2016 12:26 PM] (Text entry; no document attached.)
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04/22/2016
[10361803] Notice of appearance filed by Mr. Robert Lundman and Mr. John David Gunter, II for EPA, United States Army Corps of Engineers, Gina McCarthy and Jo-Ellen Darcy in 16-5038 and 16-5039. CERT. OF INTERESTED PARTIES: y (the parties listed are or were counsel of record or parties to the appeals). Served on 04/22/2016. Manner of Service: email [16-5038, 16-5039] [Entered: 04/22/2016 01:32 PM]
05/03/2016
[10365116] Notice of appearance submitted by John Michael Connolly William S. Consovoy for Appellants Chamber of Commerce of the United States of America, National Federation of Independent Business, Portland Cement Association, State Chamber of Oklahoma and Tulsa Regional Chamber for court review. Certificate of Interested Parties: Yes. Served on 05/03/2016. Manner of Service: email. [16-5038] --[Edited 05/04/2016 by SLS to remove PDF file from docket entry.] JMC [Entered: 05/03/2016 08:07 PM] (Text entry; no document attached.)
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05/04/2016
[10365128] Notice of appearance filed by Mr. J. Michael Connolly and Mr. William Consovoy for Chamber of Commerce of the United States of America, National Federation of Independent Business, State Chamber of Oklahoma, Tulsa Regional Chamber and Portland Cement Association. CERT. OF INTERESTED PARTIES: n. Served on 05/04/2016. Manner of Service: email. [16-5038] [Entered: 05/04/2016 07:33 AM]
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05/04/2016
[10365203] Docketing statement filed by Chamber of Commerce of the United States of America, National Federation of Independent Business, Portland Cement Association, State Chamber of Oklahoma and Tulsa Regional Chamber. Served on 05/04/2016. Manner of Service: email. [16-5038] JMC [Entered: 05/04/2016 09:58 AM]
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05/04/2016
[10365208] Notice received from Chamber of Commerce of the United States of America, National Federation of Independent Business, Portland Cement Association, State Chamber of Oklahoma and Tulsa Regional Chamber that a transcript is not necessary for this appeal. Served on: 05/04/2016. Manner of Service: email [16-5038] JMC [Entered: 05/04/2016 10:00 AM]
05/04/2016
[10365233] Minute order filed - Notice due that record is complete by 05/31/2016 for Philip Lombardi, Clerk of Court. (Text Only - No Attachment) [16-5038] [Entered: 05/04/2016 10:34 AM] (Text entry; no document attached.)
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05/05/2016
[10365769] Filed notice record is complete. Served on 05/05/2016. Appellants' brief and appendix are due on 06/14/2016 for Chamber of Commerce of the United States of America, National Federation of Independent Business, Portland Cement Association, State Chamber of Oklahoma, and Tulsa Regional Chamber. [16-5038] [Entered: 05/05/2016 01:17 PM]
05/05/2016
[10365786] Notice of appearance submitted by Mary E. Kindelt for Appellants Chamber of Commerce of the United States of America, National Federation of Independent Business, Portland Cement Association, State Chamber of Oklahoma and Tulsa Regional Chamber for court review. Certificate of Interested Parties: No. Served on 05/05/2016. Manner of Service: email. [16-5038] [Edited to remove PDF as pleading has been filed-- Edited 05/05/2016 by NA] MEK [Entered: 05/05/2016 01:45 PM] (Text entry; no document attached.)
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05/05/2016
[10365797] Notice of appearance filed by Ms. Mary Elizabeth Kindelt for Chamber of Commerce of the United States of America, National Federation of Independent Business, State Chamber of Oklahoma, Tulsa Regional Chamber and Portland Cement Association. CERT. OF INTERESTED PARTIES: n. Served on 05/05/2016. Manner of Service: email [16-5038] [Entered: 05/05/2016 02:01 PM]
05/27/2016
[10373298] Notice of appearance submitted by Michael H. Park for Appellants Chamber of Commerce of the United States of America, National Federation of Independent Business, Portland Cement Association, State Chamber of Oklahoma and Tulsa Regional Chamber for court review. Certificate of Interested Parties: No. Served on 05/27/2016. Manner of Service: email. [16-5038] [Edited to remove PDF as pleading has been filed-- Edited 05/27/2016 by NA] MHP [Entered: 05/27/2016 02:20 PM] (Text entry; no document attached.)
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05/27/2016
[10373345] Notice of appearance filed by Michael H. Park for Chamber of Commerce of the United States of America, National Federation of Independent Business, State Chamber of Oklahoma, Tulsa Regional Chamber and Portland Cement Association. CERT. OF INTERESTED PARTIES: y. Served on 05/27/2016. Manner of Service: email [16-5038] [Entered: 05/27/2016 03:00 PM]
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06/09/2016
[10376671] Motion filed by Appellees Jo-Ellen Darcy, Gina McCarthy, United States Army Corps of Engineers and EPA in 16-5038, 16-5039, This is a joint motion filed with permission on behalf of all parties to the lead and related appeal. to consolidate appeals, to file an oversize brief 20000 words long, to extend time to file appellant/petitioner's brief until 07/01/2016, to extend time to file appellee/respondent's brief until 08/19/2016, to extend time to file a reply brief until 09/12/2016. Served on: 06/09/2016. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039] JDG [Entered: 06/09/2016 09:37 AM]
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06/13/2016
[10377741] Order filed by Clerk of the Court (LLS) granting the joint motion to govern proceedings as modified. The previously established briefing schedules are vacated. 16-5038 & 16-5039 are consolidated for all procedural purposes, including briefing, submission, and, if granted, oral argument. Appellants shall file two separate opening briefs of no more than 10,000 words and a single joint consolidated appendix on or before 07/01/2016 for Chamber of Commerce of the United States of America, National Federation of Independent Business, Portland Cement Association, State Chamber of Oklahoma, Tulsa Regional Chamber and E. Scott Pruitt. Appellees shall file a single, consolidated response brief of no more than 16,500 words and appellants may file two separate reply briefs of no more than 7,000 words each. Served on 06/13/2016. [16-5038, 16-5039] [Entered: 06/13/2016 10:32 AM]
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07/01/2016
[10384947] Appellant's appendix filed by Chamber of Commerce of the United States of America, National Federation of Independent Business, Portland Cement Association, State Chamber of Oklahoma and Tulsa Regional Chamber. Total number of volumes filed: 1. Served on 07/01/2016. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039]--[Edited 07/05/2016 by KLP to delete the sealed PDF. Per counsel, it should not be sealed.] WC [Entered: 07/01/2016 04:31 PM]
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07/01/2016
[10384952] Appellant/Petitioner's brief filed by Chamber of Commerce of the United States of America, National Federation of Independent Business, Portland Cement Association, State Chamber of Oklahoma and Tulsa Regional Chamber. 7 paper copies to be provided to the court. Served on 07/01/2016 by email. Oral argument requested? Yes. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039] WC [Entered: 07/01/2016 04:38 PM]
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07/01/2016
[10384965] Appellant/Petitioner's brief filed by E. Scott Pruitt. 7 paper copies to be provided to the court. Served on 07/01/2016 by email. Oral argument requested? Yes. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5039, 16-5038]--[Edited 07/05/2016 by KLP to attach a searchable PDF.] PCE [Entered: 07/01/2016 06:32 PM]
07/06/2016
[10385547] Minute order filed - Appellees' brief now due 08/04/2016 for United States Environmental Protection Agency, United States Army Corps of Engineers, Gina McCarthy and Jo-Ellen Darcy. (Text Only - No Attachment) [16-5038, 16-5039] [Entered: 07/06/2016 11:48 AM] (Text entry; no document attached.)
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07/07/2016
[10385872] Motion filed by Appellees Jo-Ellen Darcy, Gina McCarthy, United States Army Corps of Engineers and EPA in 16-5038, 16-5039 to extend time to file appellee/respondent's brief until 08/19/2016. Served on: 07/05/2016. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039] JDG [Entered: 07/07/2016 07:53 AM]
07/07/2016
[10385972] Notice of appearance submitted by Eric E. Murphy for State of Ohio and Other Amici States for court review. Certificate of Interested Parties: No. Served on 07/07/2016. Manner of Service: email. [16-5038, 16-5039] --[Edited 07/07/2016 by AT to remove PDF as pleading was filed on 7/7/2016.] EM [Entered: 07/07/2016 10:12 AM] (Text entry; no document attached.)
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07/07/2016
[10385991] Notice of appearance filed by Eric Murphy for State of Ohio in 16-5038 and 16-5039. CERT. OF INTERESTED PARTIES: n. Served on 07/07/2016. Manner of Service: email. [16-5038, 16-5039] [Entered: 07/07/2016 10:35 AM]
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07/07/2016
[10386055] Order filed by Clerk of the Court granting appellees' motion for 15-day extension of time to file brief. Appellees' brief now due 08/19/2016 for United States Environmental Protection Agency, United States Army Corps of Engineers, Gina McCarthy and Jo-Ellen Darcy. Served on 07/07/2016. [16-5038, 16-5039] [Entered: 07/07/2016 12:02 PM]
07/07/2016
This entry has been removed from the docket. The brief has been filed. [SLS] [10386279] Amicus Curiae brief submitted by Pacific Legal Foundation, Cato Institute, And Southeastern Legal Foundation. 7 paper copies to be provided to the court. Served on 07/07/2016. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes.--[Edited 07/08/2016 by MB to remove pdf from docket entry] [16-5038] JNC [Entered: 07/07/2016 04:47 PM] (Text entry; no document attached.)
07/08/2016
[10386382] Notice of appearance submitted by Timothy S. Bishop, Chad M. Clamage for The American Farm Bureau Federation, et al for court review. Certificate of Interested Parties: No. Served on 07/08/2016. Manner of Service: email. [16-5038, 16-5039] --[Edited 07/08/2016 by SLS to remove PDF file from docket entry.] TSB [Entered: 07/08/2016 08:53 AM] (Text entry; no document attached.)
07/08/2016
[10386383] Notice of appearance submitted by Michael B. Kimberly for The American Farm Bureau Federation, et al for court review. Certificate of Interested Parties: No. Served on 07/08/2016. Manner of Service: email. --[Edited 07/08/2016 by MB to remove pdf from docket entry][16-5038, 16-5039] MBK [Entered: 07/08/2016 08:55 AM] (Text entry; no document attached.)
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07/08/2016
[10386395] Amicus Curiae brief filed by Southeastern Legal Foundation, Cato Institute and Pacific Legal Foundation in 16-5038, 16-5039. Served on 07/08/2016. Manner of Service: email. [16-5038, 16-5039] [Entered: 07/08/2016 09:15 AM]
07/08/2016
[10386398] Minute order filed - Notice of appearance due on 07/22/2016 for Cato Institute, Pacific Legal Foundation and Southeastern Legal Foundation. (Text Only - No Attachment) [16-5038, 16-5039] [Entered: 07/08/2016 09:22 AM] (Text entry; no document attached.)
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07/08/2016
[10386416] Notice of appearance filed by Mr. Michael B. Kimberly for National Association of Home Builders, National Mining Association, American Forest & Paper Association, National Stone, Sand & Gravel Association, Public Lands Council, API, National Association of Manufacturers, Texas Farm Bureau, National Cattlemen's Beef Association, The American Farm Bureau Federation, American Road and Transportation Builders Association, Greater Houston Builders Association, Leading Builders of America, National Alliance of Forest Owners, National Association of Realtors, National Corn Growers Association, National Pork Producers Council and U.S. Poultry & Egg Association in 16-5038, 16-5039. CERT. OF INTERESTED PARTIES: n. Served on 07/08/2016. Manner of Service: email [16-5038, 16-5039] [Entered: 07/08/2016 09:52 AM]
07/08/2016
This entry - Amicus Curiae brief submitted by The American Farm Bureau, et al. has been removed from the docket as the brief has been filed. [NA] [10386440] [16-5038, 16-5039] TSB [Entered: 07/08/2016 10:15 AM] (Text entry; no document attached.)
07/08/2016
This entry has been removed from the docket. [KLP] Wrong document attached. Attorney will refiled. [10386449] Amicus Curiae brief submitted by Landmark Legal Foundation. 7 paper copies to be provided to the court. Served on 07/08/2016. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038]--[Edited 07/08/2016 by KLP] RPH [Entered: 07/08/2016 10:25 AM] (Text entry; no document attached.)
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07/08/2016
[10386457] Notice of appearance filed by Chad Clamage and Timothy S. Bishop for The American Farm Bureau Federation; American Forest & Paper Association; American Petroleum Institute; American Road And Transportation Builders Association; Greater Houston Builders Association; Leading Builders Of America; National Alliance Of Forest Owners; National Association Of Home Builders; National Association Of Manufacturers; National Association Of Realtors; National Cattlemen's Beef Association; National Corn Growers Association; National Mining Association; National Pork Producers Council; National Stone, Sand, And Gravel Association; Public Lands Council; Texas Farm Bureau; And U.S. Poultry & Egg Association in 16-5038, 16-5039. CERT. OF INTERESTED PARTIES: n. Served on 07/08/2016. Manner of Service: email. [16-5038, 16-5039] [Entered: 07/08/2016 10:38 AM]
07/08/2016
[10386509] Notice of appearance submitted by Eric E. Murphy for AL, AK, AZ, AR, CO, FL, GA, ID, IN, KS, KY, LA, MI, MS, MO, NE, NV, NC Department of Environmental Quality, ND, SC, SD, TN, TX, UT, WV, WI, and WY for court review. Certificate of Interested Parties: No. Served on 07/08/2016. Manner of Service: email. [16-5038, 16-5039]--[Edited 07/08/2016 by KLP to delete the attachment; entry filed.] EM [Entered: 07/08/2016 12:08 PM] (Text entry; no document attached.)
07/08/2016
This entry has been removed from the docket. [KLP] Attachment incomplete. Attorney will refile. [10386515] Amicus Curiae brief submitted by Landmark Legal Foundation. 7 paper copies to be provided to the court. Served on 07/08/2016. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038]--[Edited 07/08/2016 by KLP] RPH [Entered: 07/08/2016 12:12 PM] (Text entry; no document attached.)
07/08/2016
This entry has been removed from the docket. The brief has been filed. [SLS] [10386544] Amicus Curiae brief submitted by AL, AK, AZ, AR, CO, FL, GA, ID, IN, KS, KY, LA, MI, MS, MO, NE, NV, NC Department of Environmental Quality, NM State Engineer, NM Environmental Department, ND, SC, SD, TN, TX, UT, WV, WI, and WY. 7 paper copies to be provided to the court. Served on 07/08/2016. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. --[Edited 07/11/2016 by MB to remove pdf from docket entry][16-5038, 16-5039] EM [Entered: 07/08/2016 12:43 PM] (Text entry; no document attached.)
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07/08/2016
[10386569] Notice of appearance filed by Eric Murphy for State of Alaska, State of Mississippi, State of West Virginia, State of Indiana, State of Alabama, State of Georgia, State of Nevada, State of Tennessee, State of Kansas, State of Idaho, State of Kentucky, State of Arkansas, State of North Dakota, State of Utah, State of Louisiana, State of Florida, State of Colorado, State of Wisconsin, State of Nebraska, State of Michigan, State of Wyoming, State of South Carolina, State of South Dakota, State of Texas, State of Arizona, North Carolina Department of Environmental Quality and State of Ohio in 16-5038. CERT. OF INTERESTED PARTIES: n. Served on 07/08/2016. Manner of Service: email [16-5038, 16-5039] [Entered: 07/08/2016 01:16 PM]
07/08/2016
This entry has been removed from the docket. [KLP because the brief has been filed.] [10386576] Amicus Curiae brief submitted by Landmark Legal Foundation. 7 paper copies to be provided to the court. Served on 07/08/2016. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039] RPH [Entered: 07/08/2016 01:21 PM] (Text entry; no document attached.)
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07/08/2016
[10387057] Amicus Curiae brief filed by New Mexico Environment Department, New Mexico State Engineer, North Carolina Department of Environmental Quality, State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Colorado, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Michigan, State of Mississippi, State of Missouri, State of Nebraska, State of Nevada, State of North Dakota, State of Ohio, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 16-5038 and 16-5039. Original and 7 copies. Served on 07/08/2016. Manner of Service: email. [16-5038, 16-5039] [Entered: 07/11/2016 01:12 PM]
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07/08/2016
[10387086] Amicus Curiae brief filed by American Forest & Paper Association, API, American Road and Transportation Builders Association, Greater Houston Builders Association, Leading Builders of America, National Alliance of Forest Owners, National Association of Home Builders, National Association of Manufacturers, National Association of Realtors, National Cattlemen's Beef Association, National Corn Growers Association, National Mining Association, National Pork Producers Council, National Stone, Sand & Gravel Association, Public Lands Council, Texas Farm Bureau, The American Farm Bureau Federation and U.S. Poultry & Egg Association in 16-5038, 16-5039. 7 copies. Served on 07/08/2016. Manner of Service: email. [16-5038, 16-5039] [Entered: 07/11/2016 01:47 PM]
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07/08/2016
[10387981] Amicus Curiae brief filed by Landmark Legal Foundation in 16-5038 and 16-5039. Original and 7 copies. Served on 07/08/2016. Manner of Service: email. [16-5038, 16-5039] [Entered: 07/13/2016 12:49 PM]
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07/11/2016
[10387139] Notice of appearance filed by Mr. Matthias L. Sayer for New Mexico State Engineer in 16-5038, 16-5039. CERT. OF INTERESTED PARTIES: n. Served on 07/11/2016. Manner of Service: email [16-5038, 16-5039] [Entered: 07/11/2016 02:51 PM]
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07/11/2016
[10387160] Notice of appearance filed by Ms. Lara Katz for New Mexico Environment Department in 16-5038 and 16-5039. CERT. OF INTERESTED PARTIES: n. Served on 07/11/2016. Manner of Service: email. [16-5038, 16-5039] [Entered: 07/11/2016 03:17 PM]
07/11/2016
[10387075] Notice of appearance submitted by Matthias L. Sayer for Amicus Curiae New Mexico State Engineer in 16-5038, 16-5039Matthias L. Sayer for court review. Certificate of Interested Parties: No. Served on 07/11/2016. Manner of Service: email. [16-5038, 16-5039]--[Edited 07/11/2016 by AT to remove PDF as pleading was filed on 7/11/2016.] MLS [Entered: 07/11/2016 01:39 PM] (Text entry; no document attached.)
07/11/2016
[10387088] Notice of appearance submitted by Lara Katz for Amicus Curiae New Mexico Environment Department in 16-5038The New Mexico Environment Department for court review. Certificate of Interested Parties: No. Served on 07/11/2016. Manner of Service: email. [16-5038, 16-5039] --[Edited 07/11/2016 by AT to remove PDF as pleading was filed on 7/11/2016.] LK [Entered: 07/11/2016 01:48 PM] (Text entry; no document attached.)
07/12/2016
[10387726] Notice of appearance submitted by Julio N. Colomba, Anthony L. Francois, M. Reed Hopper, Ilya Shapiro, and Kimberly Hermann for Cato Institute, Pacific Legal Foundation, and Southeastern Legal Foundation for court review. Certificate of Interested Parties: No. Served on 07/12/2016. Manner of Service: email. [16-5038]--[Edited 07/13/2016 by KLP to delete the attachment;entry filed.] JNC [Entered: 07/12/2016 05:32 PM] (Text entry; no document attached.)
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07/13/2016
[10387797] Notice of appearance filed by Julio N. Colomba, Mr. Anthony L. Francois, Ms. Kimberly S Hermann, Mr. M. Reed Hopper and Mr. Ilya Shapiro for Pacific Legal Foundation, Cato Institute and Southeastern Legal Foundation in 16-5038. CERT. OF INTERESTED PARTIES: n. Served on 07/13/2016. Manner of Service: email. [16-5038, 16-5039] [Entered: 07/13/2016 08:39 AM]
07/13/2016
[10387985] Minute order filed - Notice of appearance due on 07/27/2016 for Landmark Legal Foundation. (Text Only - No Attachment) [16-5038, 16-5039] [Entered: 07/13/2016 12:51 PM] (Text entry; no document attached.)
07/13/2016
[10388015] Notice of appearance submitted by Richard P. Hutchison for Amicus Curiae Landmark Legal Foundation in 16-5038Landmark Legal Foundation for court review. Certificate of Interested Parties: No. Served on 07/13/2016. Manner of Service: email. [16-5038, 16-5039] [Edited to remove PDF as pleading has been filed-- Edited 07/13/2016 by NA] RPH [Entered: 07/13/2016 01:47 PM] (Text entry; no document attached.)
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07/13/2016
[10388057] Notice of appearance filed by Mr. Richard Peter Hutchison for Landmark Legal Foundation in 16-5038 and 16-5039. CERT. OF INTERESTED PARTIES: n. Served on 07/13/2016. Manner of Service: email [16-5038, 16-5039] [Entered: 07/13/2016 02:58 PM]
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08/19/2016
[10398322] Appellee/Respondent's brief filed by Jo-Ellen Darcy, Gina McCarthy, United States Army Corps of Engineers and EPA in 16-5038, 16-5039. 7 paper copies to be provided to the court. Served on: 08/19/2016. Manner of service: email. Oral argument requested? Yes. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039] JDG [Entered: 08/19/2016 02:46 PM]
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08/19/2016
[10398327] Supplemental appendix filed by Jo-Ellen Darcy, Gina McCarthy, United States Army Corps of Engineers and EPA in 16-5038, 16-5039. Total number of volumes filed: 1. Served on 08/19/2016. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039] JDG [Entered: 08/19/2016 02:53 PM]
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08/22/2016
[10398752] Motion filed by Appellants Chamber of Commerce of the United States of America, National Federation of Independent Business, Portland Cement Association, State Chamber of Oklahoma and Tulsa Regional Chamber, State of Oklahoma to extend time to file a reply brief until 09/12/2016. Served on: 08/22/2016. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039] WC [Entered: 08/22/2016 03:31 PM]
08/23/2016
[10399014] Minute order filed - Appellants' optional reply brief now due 09/06/2016 for Chamber of Commerce of the United States of America, National Federation of Independent Business, Tulsa Regional Chamber, Portland Cement Association and State Chamber of Oklahoma. (Text Only - No Attachment) [16-5038] [Entered: 08/23/2016 11:45 AM] (Text entry; no document attached.)
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08/23/2016
[10399068] Order filed by Clerk of the Court granting Attorney motion to extend time to file appellant's optional reply brief until 09/12/2016 for Chamber of Commerce of the United States of America, National Federation of Independent Business, Tulsa Regional Chamber, Portland Cement Association, State Chamber of Oklahoma and E. Scott Pruitt. Served on 08/23/2016. [16-5038, 16-5039] [Entered: 08/23/2016 01:19 PM]
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09/12/2016
[10404163] Appellant/Petitioner's reply brief filed by E. Scott Pruitt. 7 paper copies to be provided to the court. Served on 09/12/2016. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5039, 16-5038] PCE [Entered: 09/12/2016 03:26 PM]
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09/12/2016
[10404176] Appellant/Petitioner's reply brief filed by Chamber of Commerce of the United States of America, National Federation of Independent Business, Portland Cement Association, State Chamber of Oklahoma and Tulsa Regional Chamber. 7 paper copies to be provided to the court. Served on 09/12/2016. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039] WC [Entered: 09/12/2016 03:39 PM]
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09/19/2016
[10406001] Calendar notice sent to counsel. Arguments to be held on 11/17/2016 at 8:30 AM in Courtroom II, Byron White United States Courthouse, Denver, CO. Counsel is required to go to http://www.ca10.uscourts.gov under the argument calendar tab to obtain an important notice regarding calendared cases and required forms. The calendar acknowledgment form must be completed and filed with the clerk via Electronic Case Filing within 10 days of today's date. Counsel for the Amici Curiae do not participate at oral argument without written permission from the court and do not need to file a calendar acknowledgement form until this permission is granted. [16-5038, 16-5039] [Entered: 09/19/2016 09:51 AM]
09/19/2016
[10406101] Notice of appearance submitted by Mithun S. Mansinghani for Appellant E. Scott Pruitt in 16-5039 for court review. Certificate of Interested Parties: No. Served on 09/19/2016. Manner of Service: email. [16-5039, 16-5038]--[Edited 09/19/2016 by PDW to remove the PDF from this entry and attach it to the entry below] MM [Entered: 09/19/2016 12:58 PM] (Text entry; no document attached.)
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09/22/2016
[10407575] Oral Argument Acknowledgment Form filed by Jo-Ellen Darcy, Gina McCarthy, United States Army Corps of Engineers and EPA in 16-5039, 16-5038. Served on 09/22/2016. Manner of Service: email. [16-5039, 16-5038] JDG [Entered: 09/22/2016 02:40 PM]
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09/29/2016
[10409907] Motion filed by Appellants Chamber of Commerce of the United States of America, National Federation of Independent Business, Portland Cement Association, State Chamber of Oklahoma and Tulsa Regional Chamber to reschedule oral argument. Served on: 09/29/2016. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039] WC [Entered: 09/29/2016 02:42 PM]
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09/29/2016
[10409910] Oral Argument Acknowledgment Form filed by the Chamber of Commerce of the United States of America. Served on 09/29/2016. Manner of Service: email. [16-5038, 16-5039] --[Edited 09/29/2016 by AS to show party filer] MHP [Entered: 09/29/2016 02:47 PM]
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10/03/2016
[10410500] Order filed by Clerk of the Court - Appellants' motion to reschedule oral argument filed by Appellants Chamber of Commerce of the United States of America, National Federation of Independent Business, State Chamber of Oklahoma, Tulsa Regional Chamber and Portland Cement Association is denied. Served on 10/03/2016. [16-5038, 16-5039] [Entered: 10/03/2016 11:34 AM]
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11/11/2016
[10421206] Supplemental authority filed by Jo-Ellen Darcy, Gina McCarthy, United States Army Corps of Engineers and EPA in 16-5038. Served on 11/11/2016. Manner of Service: email. [16-5038] JDG [Entered: 11/11/2016 08:02 AM]
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11/14/2016
[10421664] Response filed by Chamber of Commerce of the United States of America, National Federation of Independent Business, Portland Cement Association and State Chamber of Oklahoma to Appellees' Notice of Supplemental Authority. Served on 11/14/2016. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039] MHP [Entered: 11/14/2016 07:28 PM]
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11/17/2016
[10422790] Case argued by Michael Park and Mithun Mansinghani for the Appellants; John Gunter for the Appellees; and submitted to Judges Lucero, Phillips and Moritz. [16-5038, 16-5039] [Entered: 11/17/2016 02:06 PM]
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11/17/2016
[10422820] Motion to release the oral argument recording filed by Movant Ms. Bridget DiCosmo in 16-5038, 16-5039. Served on 11/17/2016. Manner of Service: email. [16-5038, 16-5039] [Entered: 11/17/2016 02:38 PM]
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11/28/2016
[10424731] Order filed by Judges Lucero, Phillips and Moritz granting motion to release oral argument recording. Served on 11/28/2016. [16-5038, 16-5039] [Entered: 11/28/2016 08:45 AM]
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11/28/2016
[10424738] Motion filed by Appellant E. Scott Pruitt to release the oral argument recording. Served on: 11/28/2016. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039] MM [Entered: 11/28/2016 09:18 AM]
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11/28/2016
[10424792] Order filed by Clerk of the Court denying without prejudice to renewal in compliance with 10th Cir. R. 27.3(C), motion to release oral argument recording. Served on 11/28/2016. [16-5038] [Entered: 11/28/2016 10:39 AM]
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01/03/2017
[10433338] Motion filed by Appellant E. Scott Pruitt to release the oral argument recording. Served on: 01/03/2017. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039] MM [Entered: 01/03/2017 01:57 PM]
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01/17/2017
[10436564] Order filed by Judges Lucero, Phillips and Moritz granting appellant E. Scott Pruitt's motion to release oral argument recording and directing the clerk to release the recording to the requesting attorney. Served on 01/17/2017. [16-5038, 16-5039] [Entered: 01/17/2017 07:46 AM]
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01/18/2017
[10437052] Supplemental authority filed by Jo-Ellen Darcy, Gina McCarthy, United States Army Corps of Engineers and EPA in 16-5039. Served on 01/18/2017. Manner of Service: email. [16-5038, 16-5039] JDG [Entered: 01/18/2017 09:22 AM]
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01/19/2017
[10437415] Order filed by Judges Lucero, Phillips and Moritz (EAS) abating cases pending the issuance of the United States Supreme Court's decision in number 16-299, National Association of Manufacturers v. Department of Defense, et al. On or before 03/31/2017 the parties shall file a joint written report advising this court of the status of the Supreme Court proceedings. Served on 01/19/2017. [16-5038, 16-5039] [Entered: 01/19/2017 08:16 AM]
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02/10/2017
[10443527] Motion filed by Appellant E. Scott Pruitt for attorney Patrick R. Wyrick to withdraw as counsel. Served on: 02/10/2017. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5039, 16-5038] PRW [Entered: 02/10/2017 02:59 PM]
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02/10/2017
[10443535] Motion filed by Appellant E. Scott Pruitt for attorney E. Scott Pruitt to withdraw as counsel. Served on: 02/10/2017. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5039, 16-5038] ESP [Entered: 02/10/2017 03:02 PM]
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02/13/2017
[10443768] Order filed by Judges Lucero, Phillips and Moritz granting Mr. E. Scott Pruitt's and Mr. Patrick R. Wyrick's motions to withdraw. Served on 02/13/2017. [16-5038, 16-5039] [Entered: 02/13/2017 11:06 AM]
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02/21/2017
[10445614] Motion filed by Appellant E. Scott Pruitt to substitute with State of Oklahoma ex rel. Michael J. Hunter, in his official capacity as Attorney General of Oklahoma. Served on: 02/21/2017. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039] MM [Entered: 02/21/2017 12:25 PM]
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02/22/2017
[10446006] Order filed by Judges Lucero, Phillips and Moritz (JKC) granting the State of Oklahoma's motion to substitute party. Michael J. Hunter is substituted for E. Scott Pruitt as the Attorney General of Oklahoma. In addition, we sua sponte substitute E. Scott Pruitt for Gina McCarthy as Administrator of the United States Environmental Protection Agency. Served on 02/22/2017. [16-5038, 16-5039] [Entered: 02/22/2017 10:15 AM]
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02/28/2017
[10447861] Motion filed by Appellant Michael J. Hunter to amend Case Caption. Served on: 02/28/2017. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039] MM [Entered: 02/28/2017 02:40 PM]
02/28/2017
[10447915] Order filed by Clerk of the Court granting the State of Oklahoma's motion to amend case caption of appeal no. 16-5039. The Oklahoma Attorney General's name is amended to Mike Hunter. Served on 02/28/2017. Text only entry - no attachment. [16-5038, 16-5039] [Entered: 02/28/2017 04:06 PM] (Text entry; no document attached.)
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03/13/2017
[10450682] Status report filed by Jo-Ellen Darcy, E. Scott Pruitt, United States Army Corps of Engineers and EPA in 16-5038, 16-5039. Served on 03/13/2017. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039] JDG [Entered: 03/13/2017 10:39 AM]
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03/14/2017
[10451222] Order filed by Judges Lucero, Phillips and Moritz continuing abatement of these appeals. The parties shall file status reports within 45 days of the date of this order advising this court of the status of the Supreme Court proceedings. Served on 03/14/2017. [16-5038, 16-5039] [Entered: 03/14/2017 10:59 AM]
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04/28/2017
[10462994] Status report filed by Jo-Ellen Darcy, E. Scott Pruitt, United States Army Corps of Engineers and EPA in 16-5038, 16-5039, State of Oklahoma, Chamber of Commerce of the U.S. Served on 04/28/2017. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039] JDG [Entered: 04/28/2017 08:23 AM]
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04/28/2017
[10463189] Order filed by Judges Lucero, Phillips and Moritz. The parties shall file a joint written report advising this court of the status of the Supreme Court proceedings. Joint status report is due on 07/17/2017 for Chamber of Commerce of the United States of America, Portland Cement Association, State Chamber of Oklahoma, Tulsa Regional Chamber and Mike Hunter. Served on 04/28/2017. [16-5038, 16-5039] [Entered: 04/28/2017 12:22 PM]
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07/11/2017
[10481484] Status report filed by Jo-Ellen Darcy, EPA, E. Scott Pruitt and United States Army Corps of Engineers in 16-5038, 16-5039, U.S. Chamber of Commerce; State of Oklahoma (Joint Report). Served on 07/11/2017. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-5038, 16-5039] JDG [Entered: 07/11/2017 08:10 AM]
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08/23/2017
[10492715] Order filed by Lucero, Phillips and Moritz continuing abatement. The parties shall file written notice within 5 days after the United States Supreme Court enters a decision in National Association of Manufacturers v. Department of Defense, No. 16-299. Served on 08/23/2017. [16-5038, 16-5039] [Entered: 08/23/2017 03:56 PM]
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01/25/2018
[10531205] Notice filed by Jo-Ellen Darcy, EPA, E. Scott Pruitt and United States Army Corps of Engineers in 16-5038, 16-5039. Served on 01/25/2018 by email. [16-5038, 16-5039] JDG [Entered: 01/25/2018 12:49 PM]
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01/29/2018
[10531888] Reversed and Remanded. Terminated on the merits after oral hearing. Written, unsigned, unpublished; Judges Lucero, Phillips and Moritz. Mandate to issue. [16-5038, 16-5039] [Entered: 01/29/2018 09:41 AM]
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02/20/2018
[10536921] Mandate issued. [16-5038, 16-5039] [Entered: 02/20/2018 07:50 AM]
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