Western Organization of Resource Councils et al v. U.S. Bureau of Land Management et al, Docket No. 4:16-cv-00021 (D. Mont. Mar 15, 2016), Court Docket

Court Dockets

U.S. District Court
District of Montana (Great Falls)
CIVIL DOCKET FOR CASE #: 4:16-cv-00021-BMM

Western Organization of Resource Councils et al v. U.S. Bureau of Land Management et al

DOCKET INFORMATION

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Date Filed:

Mar 15, 2016

Nature of suit:

899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision

Assigned to:

Judge Brian Morris

Case in other court:

9th Circuit Court of Appeals, 18-35836
18-35847
18-35849
9th Circuit Court of Appeals, 18-35869
9th Circuit Court of Appeals, 18-35870

Cause:

42:4321 Review of Agency Action-Environment

Date terminated:

2018-08-01

Jurisdiction:

U.S. Government Defendant

Jury demand:

None

Parties and Attorneys

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Plaintiff	Western Organization of Resource Councils Plaintiff
Representation
Laura King WESTERN ENVIRONMENTAL LAW CENTER 103 Reeder's Alley Helena, MT 59601 (406) 204-4852 Fax: (406) 443-6305 king@westernlaw.org LEAD ATTORNEY ATTORNEY TO BE NOTICED	Shiloh Silvan Hernandez WESTERN ENVIRONMENTAL LAW CENTER 103 Reeder's Alley Helena, MT 59601 (406) 204-4852 hernandez@westernlaw.org LEAD ATTORNEY ATTORNEY TO BE NOTICED	Kyle Tisdel WESTERN ENVIRONMENTAL LAW CENTER - TAOS 208 Paseo del Pueblo Sur, Unit 602 Taos, NM 87571 (575) 613-8050 tisdel@westernlaw.org PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff	Montana Environmental Information Center Plaintiff
Representation
Laura King (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED	Shiloh Silvan Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED	Kyle Tisdel (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff	Powder River Basin Resource Council Plaintiff
Representation
Laura King (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED	Shiloh Silvan Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED	Kyle Tisdel (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff	Northern Plains Resource Council Plaintiff
Representation
Laura King (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED	Shiloh Silvan Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED	Kyle Tisdel (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff	Sierra Club Plaintiff
Representation
Laura King (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED	Nathaniel Shoaff SIERRA CLUB - OAKLAND 2101 Webster Street, Suite 1300 Oakland, CA 94612 (415) 977-5610 nathaniel.shoaff@sierraclub.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED	Shiloh Silvan Hernandez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff	Natural Resources Defense Council Plaintiff
Representation
Alison L. Kelly NATURAL RESOURCE DEFENSE COUNCIL 1152 15th Street, NW Suite 300 Washington, DC 20005 (202) 717-8297 Fax: (202) 289-1060 akelly@nrdc.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED	Laura King (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED	Sharon Buccino NATURAL RESOURCES DEFENSE COUNCIL 1152 15th Street, NW Suite 300 Washington, DC 20005 (202) 289-6868 Fax: (202) 289-1060 sbuccino@nrdc.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Shiloh Silvan Hernandez WESTERN ENVIRONMENTAL LAW CENTER - HELENA 103 Reeder's Alley Helena, MT 59601 (406) 204-4861 hernandez@westernlaw.org ATTORNEY TO BE NOTICED

Defendant	U.S. Bureau of Land Management an agency within the U.S. Department of the Interior Defendant
Representation
John S. Most U.S. Department of Justice-DC-7611 P.O. Box 7611 Environment & Natural Resources Division Washington, DC 20044-7611 (202) 616-3353 Fax: (202) 305-0506 john.most@usdoj.gov ATTORNEY TO BE NOTICED	Shaun M. Pettigrew NATURAL RESOURCES SECTION 7600 Sand Point Way, NE Seattle, WA 98115 (206) 526-6881 shaun.pettigrew@usdoj.gov c/o NOAA, Damage Assessment ATTORNEY TO BE NOTICED

Defendant	Sally Jewell in her official capacity as Secretary of the U.S. Department of the Interior Defendant
Representation
Shaun M. Pettigrew (See above for address) ATTORNEY TO BE NOTICED

Defendant	Neil Kornze in his official capacity as Director of the Bureau of Land Management Defendant
Representation
Shaun M. Pettigrew (See above for address) ATTORNEY TO BE NOTICED

Defendant	Janice Schneider in her official capacity as Assistant Secretary of Land and Minerals Management of the U.S. Department of the interior Defendant
Representation
Shaun M. Pettigrew (See above for address) ATTORNEY TO BE NOTICED

Intervenor Defendant	Cloud Peak Energy Inc. Intervenor Defendant
Representation
Andrew C. Emrich HOLLAND & HART-DENVER 555 Seventeenth Street Suite 3200 Denver, CO 80202-3979 (303) 290-1621 Fax: (866) 711-8046 acemrich@hollandhart.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED	Brianne C. McClafferty HOLLAND & HART-BILLINGS 401 North 31st Street Suite 1500 Billings, MT 59101-1277 (406) 252-2166 Fax: (406) 545-2266 bcmcclafferty@hollandhart.com ATTORNEY TO BE NOTICED	William W. Mercer HOLLAND & HART-BILLINGS 401 North 31st Street Suite 1500 Billings, MT 59101-1277 (406) 896-4607 Fax: (406) 252-1669 wwmercer@hollandhart.com ATTORNEY TO BE NOTICED

Intervenor Defendant	State of Wyoming Intervenor Defendant
Representation
David C. Dalthorp JACKSON, MURDO & GRANT, P.C. 203 N Ewing Street Helena, MT 59601-4298 (406) 513-1120 Fax: (406) 447-7033 dalthorp@jmgm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED	James Kaste, WYOMING ATTORNEY GENERAL 2320 Capitol Avenue Cheyenne, WY 82002 (307) 777-6946 Fax: (307) 777-3542 james.kaste@wyo.gov LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED	Elizabeth Morrisseau, WYOMING ATTORNEY GENERAL 2320 Capitol Avenue Cheyenne, WY 82002 (307) 777-6199 Fax: (307) 777-3542 TERMINATED: 09/11/2017 PRO HAC VICE

Erik Edward Petersen, WYOMING ATTORNEY GENERAL 2320 Capitol Avenue Cheyenne, WY 82002 (307) 777-6946 Fax: (307) 777-3542 erik.petersen@wyo.gov (Inactive) PRO HAC VICE ATTORNEY TO BE NOTICED

Intervenor Defendant	Peabody Caballo Mining LLC. Intervenor Defendant
Representation
Brandon JT Hoskins MOULTON BELLINGHAM, PC PO Box 2559 Billings, MT 59103-2559 (406) 248-7731 Fax: (406) 248-7889 brandon.hoskins@moultonbellingham.com Suite 1900 Crowne Plaza LEAD ATTORNEY ATTORNEY TO BE NOTICED	W. Anderson Forsythe MOULTON BELLINGHAM PC PO Box 2559 Billings, MT 59103-2559 (406) 248-7731 Fax: 248-7889 Andy.Forsythe@moultonbellingham.com LEAD ATTORNEY ATTORNEY TO BE NOTICED	Kirsten L. Nathanson CROWELL & MORING 1001 Pennsylvania Avenue, NW Washington, DC 20004-2595 (202) 624-2887 Fax: (202) 628-5116 knathanson@crowell.com PRO HAC VICE ATTORNEY TO BE NOTICED

Intervenor Defendant	BTU Western Resources Intervenor Defendant
Representation
Brandon JT Hoskins (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED	W. Anderson Forsythe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED	Kirsten L. Nathanson (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Amicus	Petroleum Association of Wyoming Amicus
Representation
Kevin D. Feeback TOOLE & FEEBACK, PLLC 702 Main Street P.O. Box 907 Lincoln, MT 59639 (406) 362-4025 Fax: (406) 362-4090 kdfeeback@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED	Maegan L. Woita MOUNTAIN STATES LEGAL FOUNDATION 2596 South Lewis Way Lakewood, CO 80227 (303) 292-2021 Fax: (303) 292-1980 mwoita@mountainstateslegal.com TERMINATED: 10/26/2017

Docket Entries

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Entry	Filed	PDF	Description
1	Mar 15, 2016	View	COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by Plaintiffs. (Attachments: # 1 Civil Cover Sheet, # 2 Blank Summons) (SLR, ) (Entered: 03/15/2016)
2	Mar 15, 2016	Request	Summons Issued as to All Defendants. Original issued Summonses mailed to Counsel King. (SLR, ) (Entered: 03/15/2016)
	Mar 15, 2016		Filing fee: $ 400.00, receipt number 0977-1745128. (SLR, ) (Entered: 03/15/2016)
3	Mar 15, 2016	Request	MOTION Kyle J. Tisdel to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977-1745283.) Laura King appearing for Plaintiffs Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils (Attachments: # 1 Affidavit in Support of Motion for Pro Hac Vice) (King, Laura) (Entered: 03/15/2016)
4	Mar 15, 2016	Request	MOTION Nathaniel T. Shoaff to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977-1745291.) Laura King appearing for Plaintiffs Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils (Attachments: # 1 Affidavit in Support of Motion for Pro Hac Vice) (King, Laura) (Entered: 03/15/2016)
5	Mar 15, 2016	Request	MOTION Sharon Buccino to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977-1745338.) Laura King appearing for Plaintiffs Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils (Attachments: # 1 Affidavit in Support of Motion for Pro Hac Vice) (King, Laura) (Entered: 03/15/2016)
6	Mar 15, 2016	Request	MOTION Alison L. Kelly to Appear Pro Hac Vice ( Filing fee $ 250 receipt number 0977-1745358.) Laura King appearing for Plaintiffs Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils (Attachments: # 1 Affidavit in Support of Motion for Pro Hac Vice) (King, Laura) (Entered: 03/15/2016)
7	Mar 16, 2016	Request	ORDER granting 3 Motion to Appear Pro Hac Vice (Kyle J. Tisdel); granting 6 Motion to Appear Pro Hac Vice (Alison L. Kelly). Acknowledgment of PHV Order due by 3/31/2016. Signed by Judge Brian Morris on 3/16/2016. (SLL, ) Modified on 3/17/2016 to reflect Orders mailed to PHV Counsel Tisdel and Kelly, and to add PHV attorneys' names into docket text. (SLR, ). (Entered: 03/16/2016)
8	Mar 16, 2016	Request	ORDER granting 5 Motion to Appear Pro Hac Vice (Sharon Buccino). Acknowledgment of PHV Order due by 3/31/2016. Signed by Judge Brian Morris on 3/16/2016. (SLL, ) Modified on 3/17/2016 to reflect Order mailed to PHV Counsel Buccino, and to add PHV attorney's name into docket text. (SLR, ). (Entered: 03/16/2016)
9	Mar 16, 2016	Request	ORDER granting 4 Motion to Appear Pro Hac Vice (Nathaniel T. Shoaff). Acknowledgment of PHV Order due by 3/31/2016. Signed by Judge Brian Morris on 3/16/2016. (SLL, ) Modified on 3/17/2016 to reflect Order mailed to PHV Counsel Shoaff, and to add PHV attorney's name into docket text. (SLR, ). (Entered: 03/16/2016)
10	Mar 17, 2016	Request	Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Kyle J. Tisdel re CM/ECF registration. Letter mailed to Counsel Tisdel. (SLR, ) (Entered: 03/17/2016)
11	Mar 17, 2016	Request	Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Nathaniel T. Shoaff, re CM/ECF registration. Letter mailed to Counsel Shoaff. (SLR, ) (Entered: 03/17/2016)
12	Mar 17, 2016	Request	Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Alison L. Kelly, re CM/ECF registration. Letter mailed to Counsel Kelly. (SLR, ) (Entered: 03/17/2016)
13	Mar 17, 2016	Request	Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Sharon Buccino, re CM/ECF registration. Letter mailed to Counsel Buccino. (SLR, ) (Entered: 03/17/2016)
14	Mar 18, 2016	Request	Remark: Pro Hac Vice Counsel Kyle Tisdel, Alison Kelly, and Sharon Buccino are now registered CM/ECF users. (SLR, ) (Entered: 03/18/2016)
15	Mar 18, 2016	Request	NOTICE of Acknowledgment of Pro Hac Vice Order by Natural Resources Defense Council (Buccino, Sharon) (Entered: 03/18/2016)
16	Mar 18, 2016	Request	NOTICE of Acknowledgment of Pro Hac Vice Order by Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils (Tisdel, Kyle) (Entered: 03/18/2016)
17	Mar 21, 2016	Request	Notice of Undeliverable Electronic Notice: re 14 Remark, 15 Notice of Acknowledgment of Pro Hac Vice Order, 16 Notice of Acknowledgment of Pro Hac Vice Order,. Name of attorney whose NEF was undeliverable: Sharon Buccino. (Cuthbert, Michael) (Entered: 03/21/2016)
18	Mar 24, 2016	Request	NOTICE of Acknowledgment of Pro Hac Vice Order by Natural Resources Defense Council (Kelly, Alison) (Entered: 03/24/2016)
	Mar 24, 2016		Remark: PHV Counsel Nathaniel T. Shoaff is now a registered CM/ECF user. (SLR, ) (Entered: 03/24/2016)
19	Mar 24, 2016	Request	NOTICE of Acknowledgment of Pro Hac Vice Order by Sierra Club (Shoaff, Nathaniel) (Entered: 03/24/2016)
20	Apr 7, 2016	Request	SUMMONS Returned Executed by Powder River Basin Resource Council, Natural Resources Defense Council, Montana Environmental Information Center, Western Organization of Resource Councils, Northern Plains Resource Council, Sierra Club. All Defendants. (Attachments: # 1 Proof of Service - Part 1, # 2 Proof of Service - Part 2, # 3 Proof of Service - Part 3) (King, Laura) (Entered: 04/07/2016)
21	Apr 20, 2016	Request	NOTICE of Appearance by Shaun M. Pettigrew on behalf of All Defendants (Pettigrew, Shaun) (Entered: 04/20/2016)
22	Apr 29, 2016	Request	MOTION to Dismiss Certain Claims for Improper Venue or, alternatively, to Sever Claims and Transfer Venue Shaun M. Pettigrew appearing for Defendants Sally Jewell, Neil Kornze, Janice Schneider, U.S. Bureau of Land Management (Pettigrew, Shaun) (Entered: 04/29/2016)
23	Apr 29, 2016	Request	Brief/Memorandum in Support re 22 MOTION to Dismiss Certain Claims for Improper Venue or, alternatively, to Sever Claims and Transfer Venue filed by Sally Jewell, Neil Kornze, Janice Schneider, U.S. Bureau of Land Management. (Attachments: # 1 Record of Decision, # 2 Buffalo Approved RMP, # 3 Buffalo Draft RMP, # 4 Buffalo Proposed RMP, # 5 Miles City Approved RMP, # 6 Order in W. Org. of Res. Councils v. Clark, No. CV 03-70-BLG-RWA (D. Mont. Jan. 13, 2004)) (Pettigrew, Shaun) (Entered: 04/29/2016)
24	May 20, 2016	Request	RESPONSE to Motion re 22 MOTION to Dismiss Certain Claims for Improper Venue or, alternatively, to Sever Claims and Transfer Venue filed by Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (Tisdel, Kyle) (Entered: 05/20/2016)
25	Jun 3, 2016	Request	REPLY to Response to Motion re 22 MOTION to Dismiss Certain Claims for Improper Venue or, alternatively, to Sever Claims and Transfer Venue filed by Sally Jewell, Neil Kornze, Janice Schneider, U.S. Bureau of Land Management. (Pettigrew, Shaun) (Entered: 06/03/2016)
26	Jun 20, 2016	Request	ORDER Setting Hearing on Motion 22 MOTION to Dismiss Certain Claims for Improper Venue or, alternatively, to Sever Claims and Transfer Venue : Motion Hearing set for 7/27/2016 at 10:00 AM in Great Falls, MT before Judge Brian Morris. PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 7/20/2016. Joint Discovery Plan due by 7/20/2016. Statement of Stipulated Facts due by 7/20/2016. Pretrial Conference set for 7/27/2016 at 10:00 AM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 6/20/2016. (SLL, ) (Entered: 06/20/2016)
27	Jun 27, 2016	Request	NOTICE by Sally Jewell, Neil Kornze, Janice Schneider, U.S. Bureau of Land Management re 22 MOTION to Dismiss Certain Claims for Improper Venue or, alternatively, to Sever Claims and Transfer Venue (Attachments: # 1 Exhibit Order dated June 17, 2016) (Pettigrew, Shaun) (Entered: 06/27/2016)
28	Jul 14, 2016	Request	Text ORDER Re-Setting Hearing on Motion 22 MOTION to Dismiss Certain Claims for Improper Venue or, alternatively, to Sever Claims and Transfer Venue and PRELIMINARY PRETRIAL CONFERENCE: IT IS HEREBY ORDERED that the Motion Hearing and Preliminary Pretrial Conference are RESET for 8/17/2016 at 10:00 AM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 7/14/2016. (SLL, ) (Entered: 07/14/2016)
29	Jul 19, 2016	Request	Joint MOTION to Clarify or Extend Time to File Document Shaun M. Pettigrew appearing for Defendants Sally Jewell, Neil Kornze, Janice Schneider, U.S. Bureau of Land Management (Attachments: # 1 Exhibit Proposed Order) (Pettigrew, Shaun) (Entered: 07/19/2016)
30	Jul 19, 2016	Request	ORDER GRANTING 29 Joint MOTION to Clarify or Extend Time to File Document filed by Janice Schneider, Sally Jewell, Neil Kornze, U.S. Bureau of Land Management.IT IS HEREBY ORDERED that the Preliminary Pretrial Conference and all dates relating to the conference are VACATED. IT IS ALSO ORDERED that:No later than 28 days following the Courts Order resolving Defendants pending Motion to Partially Dismiss for Improper Venue or, alternatively, to Sever Claims and Transfer Venue, ECF No. 22, the parties shall file a Joint Stipulated Case Management Plan setting forth a proposed schedule for this case. Signed by Judge Brian Morris on 7/19/2016. (SLL, ) (Entered: 07/19/2016)
31	Aug 16, 2016	Request	Unopposed MOTION for Leave to Appear Telephonically Shaun M. Pettigrew appearing for Defendants Sally Jewell, Neil Kornze, Janice Schneider, U.S. Bureau of Land Management (Attachments: # 1 Exhibit 1) (Pettigrew, Shaun) (Entered: 08/16/2016)
32	Aug 17, 2016	Request	ORDER granting 31 Motion for Leave to Appear at the Motion Hearing on August 17, 2016 at 10:00 a.m. by telephone. Signed by Judge Brian Morris on 8/17/2016. (SLL, ) (Entered: 08/17/2016)
33	Aug 17, 2016	Request	MINUTE ENTRY for proceedings held before Judge Brian Morris: MOTION HEARING held 8/17/2016: Shiloh Hernandez, Laura King, Kyle Tisdel, and Sharon Buccino appearing on behalf of Plaintiffs, and Shaun Pettigrew appearing telephonically on behalf of Federal Defendants. Motion Hearing regarding 22 Motion to Dismiss Certain Claims for Improper Venue or, Alternatively, to Sever Claims and Transfer Venue. Counsel Pettigrew, Counsel Hernandez, and Counsel Buccino w/argument. Court takes matter under advisement and will issue an Order in early September. Hearing commenced at 10:14 a.m. and concluded at 11:45 a.m. (Court Reporter J. Bacheller.) (Law Clerk: A. Overstreet-Adkins), (Hearing held in Charles Pray Courtroom, Great Falls, MT) (SLR, ) (Entered: 08/17/2016)
34	Jan 25, 2017	View	OPINION AND ORDER: IT IS ORDERED: 1) Federal Defendants' 22 Motion to Dismiss Plaintiffs' Buffalo RMP claims is DENIED; and, 2) Federal Defendants' 22 Motion in the alternative to sever Plaintiffs' Buffalo RMP claims and transfer them to the District of Wyoming is DENIED. Signed by Judge Brian Morris on 1/24/2017. (SLR) (Entered: 01/25/2017)
35	Feb 16, 2017	Request	JOINT CASE MANAGEMENT PLAN by Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils. (Attachments: # 1 Text of Proposed Order) (King, Laura) (Entered: 02/16/2017)
36	Feb 16, 2017	View	ORDER re 35 Joint Case Management Plan, filed by Powder River Basin Resource Council, Natural Resources Defense Council, Montana Environmental Information Center, Sierra Club, Western Organization of Resource Councils, Northern Plains Resource Council, All Defendants. Signed by Judge Brian Morris on 2/16/2017. (MMS) (Entered: 02/16/2017)
37	Feb 22, 2017	Request	MOTION to Intervene William W. Mercer appearing for Interested Party Cloud Peak Energy Inc. (Attachments: # 1 Text of Proposed Order, # 2 Corporate Disclosure, # 3 Motion for Pro Hac Vice, # 4 Affidavit for Pro Hac Vice, # 5 Text of Proposed Order for Pro Hac Vice) (MMS) (Entered: 02/22/2017)
38	Feb 22, 2017	Request	Brief/Memorandum in Support re 37 MOTION to Intervene filed by Cloud Peak Energy Inc.. (MMS) (Entered: 02/22/2017)
39	Mar 8, 2017	View	ORDER granting 37 Motion to Intervene as Defendant-Intervenor. Cloud Peak is not required to file an Answer. IS IS ALSO ORDERED that Defendant-Intervenor Cloud Peak shall file their Motion for Pro Hac Vice and comply with Local Rule 83.1(d). Signed by Judge Brian Morris on 3/8/2017. (MMS) (Entered: 03/08/2017)
40	Mar 8, 2017	Request	Unopposed MOTION Andrew C. Emrich to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-1916830.) William W. Mercer appearing for Intervenor Defendant Cloud Peak Energy Inc. (Attachments: # 1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice of Andrew C. Emrich, # 2 Text of Proposed Order) (Mercer, William) (Entered: 03/08/2017)
41	Mar 8, 2017	View	ORDER granting 40 Motion to Appear Pro Hac Vice for Attorney Andrew C. Emrich for Cloud Peak Energy Inc. Acknowledgment of PHV Order due by 3/23/2017. Signed by Judge Brian Morris on 3/8/2017. (MMS) (Entered: 03/08/2017)
42	Mar 8, 2017	Request	ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS FOR ADMISSION PRO HAC VICE as to 41 Order on Motion to Appear Pro Hac Vice Acknowledgement filed by Cloud Peak Energy Inc.. (Emrich, Andrew) Modified on 3/23/2017 to correct title of document. (SLR). (Entered: 03/08/2017)
43	Mar 28, 2017	Request	STATE OF WYOMING'S MOTION to Intervene. David C. Dalthorp and James Kaste appearing for Interested Party State of Wyoming. (Attachments: # 1 Text of Proposed Order) (SLR) (Entered: 03/28/2017)
44	Mar 28, 2017	Request	State of Wyoming's Memorandum in Support of 43 MOTION to Intervene. (SLR) (Entered: 03/28/2017)
45	Apr 4, 2017	Request	ORDER: IT IS HEREBY ORDERED that Wyoming's 43 Unopposed Motion to Intervene as Defendant-Intervenor is GRANTED. Wyoming is not required to file an Answer. IT IS ALSO ORDERED that Defendant-Intervenor Wyoming shall file their Motion for Pro Hac Vice and comply with Local Rule 83.1(d). Signed by Judge Brian Morris on 4/4/2017. (SLR) (Entered: 04/04/2017)
46	Apr 7, 2017	Request	MOTION Erik E. Petersen to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-1932330.) David C. Dalthorp appearing for Intervenor Defendant State of Wyoming (Attachments: # 1 Declaration of Petersen, # 2 Text of Proposed Order Proposed Order) (Dalthorp, David) (Entered: 04/07/2017)
47	Apr 7, 2017	Request	MOTION James Kaste to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-1932339.) David C. Dalthorp appearing for Intervenor Defendant State of Wyoming (Attachments: # 1 Declaration of Kaste, # 2 Proposed Order) (Dalthorp, David) (Entered: 04/07/2017)
48	Apr 12, 2017	Request	ORDER granting 46 Motion to Appear Pro Hac Vice as to Erik E. Petersen. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 4/12/2017. (MMS) Modified on 4/12/2017 to reflect counsel Petersen is a registered user and order was served electronically (MMS). (Entered: 04/12/2017)
49	Apr 12, 2017	Request	ORDER granting 47 Motion to Appear Pro Hac Vice as to James Kaste. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 4/12/2017. (MMS) Modified on 4/12/2017 o reflect counsel Kaste is a registered user and order was served electronically (MMS). (Entered: 04/12/2017)
50	Apr 12, 2017	Request	NOTICE of Acknowledgment of Pro Hac Vice Order by State of Wyoming (Petersen, Erik) (Entered: 04/12/2017)
51	Apr 12, 2017	Request	NOTICE of Acknowledgment of Pro Hac Vice Order by State of Wyoming (Kaste, James) (Entered: 04/12/2017)
52	Apr 13, 2017	Request	MOTION to Intervene by W. Anderson Forsythe, Brandon JT Hoskins appearing for Interested Parties BTU Western Resources, Peabody Caballo Mining (Attachments: # 1 Text of Proposed Order) (ACC) (Entered: 04/14/2017)
53	Apr 13, 2017	Request	Brief in Support re 52 MOTION to Intervene filed by BTU Western Resources, Peabody Caballo Mining. (Attachments: # 1 Exhibit A - Declaration of Kendra S. Quick) (ACC) (Entered: 04/14/2017)
54	Apr 13, 2017	Request	Corporate Disclosure Statement by BTU Western Resources, Peabody Caballo Mining identifying Corporate Parent Peabody Energy Corporation for BTU Western Resources, Peabody Caballo Mining. (ACC) (Entered: 04/14/2017)
55	Apr 17, 2017	Request	ORDER: IT IS HEREBY ORDERED that Peabody and BTU's 52 Motion to Intervene as defendants is GRANTED. IT IS ALSO ORDERED that Peabody and BTU are not required to file an answer, but shall abide by the terms of this Court's February 16, 2017, Order approving the parties' Joint Case Management Plan. IT IS FURTHER ORDERED that Defendant-Intervenors Peabody and BTU shall file their Motions for Pro Hac Vice and comply with Local Rule 83.1(d). Signed by Judge Brian Morris on 4/17/2017. (ACC) (Entered: 04/17/2017)
56	Apr 19, 2017	Request	Unopposed MOTION Kirsten L. Nathanson to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-1939263.) W. Anderson Forsythe appearing for Intervenor Defendants BTU Western Resources, Peabody Caballo Mining (Attachments: # 1 Exhibit Declaration of Kirsten L. Nathanson, # 2 Text of Proposed Order) (Forsythe, W.) (Entered: 04/19/2017)
57	Apr 20, 2017	Request	Notice of Correction: re 56 Unopposed MOTION Kirsten L. Nathanson to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-1939263.). The filing error relates to: Chambers Request. See the attached document for a brief description of the error made. (SLR) (Entered: 04/20/2017)
58	Apr 20, 2017	Request	AFFIDAVIT/DECLARATION re 56 Unopposed MOTION Kirsten L. Nathanson to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-1939263.) by BTU Western Resources, Peabody Caballo Mining. (Forsythe, W.) (Entered: 04/20/2017)
59	Apr 21, 2017	Request	ORDER: Intervenor-Defendants Peabody Caballo Mining, LLC and BTU Western Resources, Inc. moved for the admission of Kirsten L. Nathanson to practice before this Court in this case with W. Anderson Forsythe of Moulton Bellingham, PC to act as local counsel. Ms. Nathanson's application appears to be in compliance with L.R. 83.1(d). IT IS HEREBY ORDERED: Peabody's 56 motion to allow Ms. Nathanson to appear on their behalf is GRANTED on the following conditions: SEE ORDER FOR FULL DETAILS. Acknowledgment of PHV Order due by 5/8/2017. Copy of Order mailed to Counsel Nathanson. Signed by Judge Brian Morris on 4/21/2017. (SLR) (Entered: 04/21/2017)
60	Apr 21, 2017	Request	Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Kirsten L. Nathanson re CM/ECF registration. Letter mailed to Counsel Nathanson. (SLR) (Entered: 04/21/2017)
61	Apr 24, 2017	Request	NOTICE of Acknowledgment of Pro Hac Vice Order by BTU Western Resources, Peabody Caballo Mining re 59 Order on Motion to Appear Pro Hac Vice,, (Nathanson, Kirsten) (Entered: 04/24/2017)
	Apr 24, 2017		Remark: Kirsten Nathanson is now a registered CM/ECF user. (SLR) (Entered: 04/24/2017)
62	May 24, 2017	Request	MOTION Elizabeth Morrisseau to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-1956675.) David C. Dalthorp appearing for Intervenor Defendant State of Wyoming (Attachments: # 1 Declaration of Elizabeth Morrisseau, # 2 Proposed Order) (Dalthorp, David) (Entered: 05/24/2017)
63	May 26, 2017	Request	MOTION to Amend/Correct 1 Complaint Laura King appearing for Plaintiffs Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils (Attachments: # 1 Proposed Amended Complaint) (King, Laura) (Entered: 05/26/2017)
64	May 31, 2017	Request	NOTICE by Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils re 63 MOTION to Amend/Correct 1 Complaint (King, Laura) (Entered: 05/31/2017)
65	May 31, 2017	Request	TEXT ORDER granting 63 Motion to Amend/Correct. IT IS HEREBY ORDERED that Plaintiffs' Motion to File and Amended Complaint is GRANTED. The Amended Complaint, Doc. 63-1 is to be filed by the Clerk of Court. Signed by Judge Brian Morris on 5/31/2017. (SLL) (Entered: 05/31/2017)
66	May 31, 2017	Request	AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against all Defendants, filed by Plaintiffs. (SLR) (Entered: 05/31/2017)
67	Jun 12, 2017	Request	ORDER granting 62 Motion to Appear Pro Hac Vice as to Elizabeth Morrisseau. Acknowledgment of PHV Order due by 6/27/2017. Signed by Judge Brian Morris on 6/12/2017. (Copy of order mailed to counsel Morrisseau) (MMS) (Entered: 06/12/2017)
68	Jun 12, 2017	Request	Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Elizabeth Morrisseau re CM/ECF registration. Letter mailed to Counsel Morrisseau. (MMS) (Entered: 06/12/2017)
69	Jun 15, 2017	Request	NOTICE of Acknowledgment of Pro Hac Vice Order by State of Wyoming re 67 Order on Motion to Appear Pro Hac Vice (Morrisseau, Elizabeth) (Entered: 06/15/2017)
70	Jun 16, 2017	Request	Administrative Record filed by Sally Jewell, Neil Kornze, Janice Schneider, U.S. Bureau of Land Management. (Attachments: # 1 BLM Washington Office Index, # 2 BLM Rocky Mountain Regional Index, # 3 BLM Wyoming State Office Index, # 4 BLM Buffalo Sub-Regional Index, # 5 BLM Montana/Dakotas State Office Index, # 6 BLM Miles City Sub-Regional Index, # 7 BLM Certification) (Pettigrew, Shaun) (Entered: 06/16/2017)
71	Jul 14, 2017	Request	MOTION for Procedural Order on Parties' Merits Briefing Laura King appearing for Plaintiffs Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils (Attachments: # 1 Text of Proposed Order) (King, Laura) (Entered: 07/14/2017)
72	Jul 14, 2017	View	MOTION for Summary Judgment Laura King appearing for Plaintiffs Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Sikorski Declaration, # 4 Punt Declaration, # 5 Anderson Declaration, # 6 Byron Declaration, # 7 Cushman Declaration, # 8 Exhibit 1, # 9 Exhibit 2, # 10 Exhibit 3, # 11 Exhibit 4) (King, Laura) (Entered: 07/14/2017)
73	Jul 17, 2017	Request	ORDER granting 71 Motion for Procedural Order on Parties' Merits Briefing. The Court will allow arguments on remedies, if necessary, in separate briefing after a decision on the merits is reached. Signed by Judge Brian Morris on 7/17/2017. (ACC) (Entered: 07/17/2017)
74	Jul 31, 2017	Request	(Unopposed) Motion for Leave to File an Amicus Curiae Brief in Support of Defendants and Defendant-Intervenors. Maegan L. Woita appearing for Interested Party Petroleum Association of Wyoming. (SLR) (Entered: 07/31/2017)
75	Jul 31, 2017	Request	Submission of Proposed Order Granting Motion for Leave to File an Amicus Curiae Brief in support of Defendants and Defendant-Intervenors re: 74 MOTION to Intervene. (Woita, Maegan) (Entered: 07/31/2017)
76	Aug 1, 2017	Request	ORDER re 74 Motion for Leave to File an Amicus Curiae Brief in Support of Defendants and Defendant-Intervenors. IT IS HEREBY ORDERED that the Motion is Granted. IT IS FURTHER ORDERED that the following conditions shall govern PAW's amicus curiae brief. The amicus curiae brief shall be no longer than 3,000 words and shall be filed on or before August 18, 2017. Signed by Judge Brian Morris on 8/1/2017. (ACC) (Entered: 08/01/2017)
77	Aug 11, 2017	Request	NOTICE of Appearance by John S. Most on behalf of U.S. Bureau of Land Management (Most, John) (Entered: 08/11/2017)
78	Aug 11, 2017	Request	Cross MOTION for Summary Judgment Shaun M. Pettigrew appearing for Defendants Sally Jewell, Neil Kornze, Janice Schneider, U.S. Bureau of Land Management (Pettigrew, Shaun) Modified on 3/26/2018 to term motion, per Order 111 (MMS). (Entered: 08/11/2017)
79	Aug 11, 2017	View	Brief/Memorandum in Support re 78 Cross MOTION for Summary Judgment and in Response to re 72 Plaintiffs' Motion for Summary Judgment filed by Sally Jewell, Neil Kornze, Janice Schneider, U.S. Bureau of Land Management. (Attachments: # 1 Exhibit Declaration of Thomas Bills, # 2 Exhibit Declaration of Ruth A. Miller, # 3 Exhibit WildEarth Guardians v. Jewell, No. 1:16-cv-605-RJ (D.N.M.)) (Pettigrew, Shaun) (Entered: 08/11/2017)
80	Aug 11, 2017	View	Statement of Undisputed Fact re: 78 Cross MOTION for Summary Judgment by Sally Jewell, Neil Kornze, Janice Schneider, U.S. Bureau of Land Management filed by Sally Jewell, Neil Kornze, Janice Schneider, U.S. Bureau of Land Management. (Pettigrew, Shaun) (Entered: 08/11/2017)
81	Aug 17, 2017	View	Amicus Brief filed by Petroleum Association of Wyoming. (Attachments: # 1 Exhibit PAW Exhibit 1) (Woita, Maegan) (Entered: 08/17/2017)
82	Aug 18, 2017	Request	RESPONSE to Motion re 72 MOTION for Summary Judgment Response in Opposition filed by State of Wyoming. (Dalthorp, David) (Entered: 08/18/2017)
83	Aug 18, 2017	Request	Statement of Disputed Facts re: 82 Response to Motion filed by State of Wyoming. (Dalthorp, David) (Entered: 08/18/2017)
84	Aug 18, 2017	Request	Cross MOTION for Partial Summary Judgment, Reply to 72 MOTION for Summary Judgment. W. Anderson Forsythe appearing for Intervenor Defendants BTU Western Resources, Peabody Caballo Mining (Forsythe, W.) (Modified on 8/18/2017 to link to motion, add docket text.) (NOS) (Entered: 08/18/2017)
85	Aug 18, 2017	View	Brief/Memorandum in Support re 84 Cross MOTION for Partial Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment, 72 MOTION for Summary Judgment filed by BTU Western Resources, Peabody Caballo Mining. (Forsythe, W.) (Entered: 08/18/2017)
86	Aug 18, 2017	Request	Statement of Undisputed Fact re: 84 Cross MOTION for Partial Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment by BTU Western Resources, Peabody Caballo Mining filed by BTU Western Resources, Peabody Caballo Mining. (Forsythe, W.) (Entered: 08/18/2017)
87	Aug 18, 2017	View	Cross MOTION for Summary Judgment William W. Mercer appearing for Intervenor Defendant Cloud Peak Energy Inc. (Mercer, William) (Entered: 08/18/2017)
88	Aug 18, 2017	View	Brief/Memorandum in Support re 87 Cross MOTION for Summary Judgment and Defendant-Intervenor Cloud Peak Energy Inc.s Response in Opposition to Plaintiffs Motion For Summary Judgment and Brief in Support of Defendant-Intervenor Cloud Peak Energy Inc.s Cross-Motion For Summary Judgment filed by Cloud Peak Energy Inc.. (Mercer, William) (Entered: 08/18/2017)
89	Aug 18, 2017	Request	Statement of Undisputed Fact re: 87 Cross MOTION for Summary Judgment . (Mercer, William) (Entered: 08/18/2017)
90	Aug 25, 2017	Request	Unopposed MOTION for Leave to File Excess Pages Shiloh Silvan Hernandez appearing for Plaintiffs Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils (Attachments: # 1 Text of Proposed Order) (Hernandez, Shiloh) (Entered: 08/25/2017)
91	Aug 28, 2017	Request	ORDER granting 90 Motion for Enlargement of Word Limit for Their Combined Reply-Response Brief. Signed by Judge Brian Morris on 8/28/2017. (TLO) (Entered: 08/28/2017)
92	Sep 5, 2017	Request	ORDER Setting Hearing on Motion 78 Cross MOTION for Summary Judgment , 72 MOTION for Summary Judgment , 84 Cross MOTION for Partial Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment, 87 Cross MOTION for Summary Judgment : Motion Hearing set for 10/25/2017 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Motion Hearing set for 11/1/2017 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 9/5/2017. (SLL) (Entered: 09/05/2017)
93	Sep 6, 2017	Request	Notice of Undeliverable Electronic Notice: re 92 Order Setting Hearing on Motion,,. Name of attorney whose NEF was undeliverable: Elizabeth Morrisseau. (MRC) (Entered: 09/06/2017)
94	Sep 8, 2017	Request	Plaintiffs' Combined REPLY in Support of 72 Motion for Summary Judgment, and RESPONSE to Federal Defendants and Intervenor-Defendants' 78 , 84 , and 87 Cross-Motions for Summary Judgment, filed by Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils. (Attachments: # 1 Supplement Declaration of Dr. Byron) (Hernandez, Shiloh) Modified on 9/11/2017 to clean up text. (SLR). (Entered: 09/08/2017)
95	Sep 11, 2017	Request	Notice of Undeliverable Electronic Notice: re 94 Reply to Response to Motion,,. Name of attorney whose NEF was undeliverable: Elizabeth Morrisseau. (MRC) (Entered: 09/11/2017)
96	Sep 11, 2017	Request	NOTICE of Withdrawal of Counsel: Elizabeth Morrisseau withdrawing from the case, filed by State of Wyoming (Dalthorp, David) (Entered: 09/11/2017)
97	Sep 19, 2017	Request	ORDER: IT IS HEREBY ORDERED that the hearing on 84 Intervenor-Defendants' Cross Motion for Partial Summary Judgment, and 87 Intervenor-Defndant Cloud Peak Energy, Inc.'s Cross Motion for Summary Judgment, set for Wednesday, November 1, 2017 at 1:30 p.m. is VACATED and RESET for Thursday, November 2, 2017 at 10:00 a.m. before the undersigned. Signed by Judge Brian Morris on 9/19/2017. (SLR) (Entered: 09/19/2017)
98	Sep 19, 2017	Request	Joint MOTION for Hearing re 78 Cross MOTION for Summary Judgment , 82 Response to Motion, 84 Cross MOTION for Partial Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment, 72 MOTION for Summary Judgment , 87 Cross MOTION for Summary Judgment Shaun M. Pettigrew appearing for Defendants Sally Jewell, Neil Kornze, Janice Schneider, U.S. Bureau of Land Management (Attachments: # 1 Proposed Order) (Pettigrew, Shaun) (Entered: 09/19/2017)
99	Sep 20, 2017	Request	ORDER: Having considered the parties' 98 Unopposed Joint Motion to Consolidate Hearings, IT IS HEREBY ORDERED that the hearing on Plaintiffs' 72 Motion for Summary Judgment and Federal Defendants' 78 Cross MOTION for Summary Judgment set for Wednesday, October 25, 2017 at 1:30 p.m., and the hearing on Intervenor-Defendants Peabody Caballo Mining, LLC and BTU Western Resources, Inc. 84 Cross MOTION for Partial Summary Judgment, and Intervenor-Defendant Cloud Peak Energy, Inc.'s 87 Cross MOTION for Summary Judgment set for Thursday, November 2, 2017 at 10:00 a.m. are VACATED, and a consolidated hearing on all motions is SET for November 2, 2017 at 10:00 a.m. Signed by Judge Brian Morris on 9/20/2017. (SLR) (Entered: 09/20/2017)
100	Sep 29, 2017	Request	REPLY to Response to Motion re 78 Cross MOTION for Summary Judgment filed by Sally Jewell, Neil Kornze, Janice Schneider, U.S. Bureau of Land Management. (Pettigrew, Shaun) (Entered: 09/29/2017)
101	Oct 6, 2017	Request	NOTICE of Appearance by Brianne C. McClafferty on behalf of Cloud Peak Energy Inc. (McClafferty, Brianne) (Entered: 10/06/2017)
102	Oct 6, 2017	Request	REPLY to Response to Motion re 84 Cross MOTION for Partial Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by BTU Western Resources, Peabody Caballo Mining. (Forsythe, W.) (Entered: 10/06/2017)
103	Oct 6, 2017	Request	REPLY to Response to Motion re 78 Cross MOTION for Summary Judgment filed by State of Wyoming. (Dalthorp, David) (Entered: 10/06/2017)
104	Oct 6, 2017	Request	REPLY to Response to Motion re 87 Cross MOTION for Summary Judgment filed by Cloud Peak Energy Inc.. (Emrich, Andrew) (Entered: 10/06/2017)
105	Oct 26, 2017	Request	NOTICE of Substitution of Counsel by Petroleum Association of Wyoming (Feeback, Kevin) (Entered: 10/26/2017)
106	Oct 30, 2017	Request	Unopposed MOTION appear by telephone Shiloh Silvan Hernandez appearing for Plaintiffs Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils (Attachments: # 1 Text of Proposed Order) (Hernandez, Shiloh) (Entered: 10/30/2017)
107	Oct 31, 2017	Request	ORDER: The Court has reviewed Plaintiffs' 106 Unopposed Motion for Counsel to Appear by Telephone and hereby grants that motion. Counsel for Plaintiffs is hereby directed to contact the Clerk's Office to make arrangements for any out-of-state counsel to appear by telephone at the hearing scheduled for November 2, 2017 at 10:00 a.m. in Great Falls, Montana. Any out-of-state counsel will contact the Great Falls Clerk of Court's office for call-in information prior to this hearing. Signed by Judge Brian Morris on 10/31/2017. (SLR) (Entered: 10/31/2017)
108	Nov 2, 2017	Request	MINUTE ENTRY for MOTION HEARING held 11/2/2017 before Judge Brian Morris: Shiloh Hernandez and Kyle Tisdel appearing on behalf of Plaintiffs, Shaun Pettigrew on behalf of Defendants, Andrew Emrich and Brianne McClafferty on behalf of Intervenor Defendant Cloud Peak Energy Inc., Erik Petersen and David Dalthorp on behalf of Intervenor Defendant State of Wyoming, Kirsten Nathanson and Anderson Forsythe on behalf of Intervenor Defendant Peabody Caballo Mining and BTU Western Resources. Motion Hearing re 78 Cross MOTION for Summary Judgment filed by Janice Schneider, Sally Jewell, Neil Kornze, U.S. Bureau of Land Management, 84 Cross MOTION for Partial Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by BTU Western Resources, Peabody Caballo Mining, 72 MOTION for Summary Judgment filed by Powder River Basin Resource Council, Natural Resources Defense Council, Montana Environmental Information Center, Sierra Club, Western Organization of Resource Councils, Northern Plains Resource Council, 87 Cross MOTION for Summary Judgment filed by Cloud Peak Energy Inc. Parties with argument. Court will take matter under advisement. Hearing commenced at 10:00 am and concluded at 12:25 pm. (Court Reporter Yvette Heinze.) (Law Clerk: J. Suenram), (Hearing held in Great Falls) (MMS) (Entered: 11/02/2017)
109	Mar 23, 2018	View	ORDER: 1. Plaintiffs Motion for Summary Judgment 72 is GRANTED IN PART with regard to Claim 1, Claim 3, and Claim 5, and DENIED IN PART with regard to Claim 2, Claim 4, and Claim 6, in accordance with the above Order.2. Federal Defendants Cross-Motion for Summary Judgment 72 , Intervenor-Defendants BTU Western Resources and Peabody Caballo Minings Cross-Motion for Summary Judgment 84 , and Intervenor-Defendant Cloud Peak Energys Cross-Motion for Summary Judgment 87 , are GRANTED IN PART with regard to Claim 2, Claim 4, and Claim 6, and DENIED IN PART with regard to Claim 1, Claim 3, and Claim 5, in accordance with the above Order. 3. Any new or pending leases of coal, oil, or gas resources in the planning areas subject to the Buffalo RMP and the Miles City RMP must undergo comprehensive environmental analyses in compliance with the above Order and all existing procedural requirements under NEPA and the APA. 4. The parties shall meet and confer in good faith to attempt to reach an agreement as to remedies. If the parties cannot agree, the parties shall submit additional briefing on remedies no later than 60 days from todays date, in accordance with the above Order. 5. The Clerk of Court is directed to enter judgment in favor of Plaintiffs and against Defendants on Claim 1, Claim 3, and Claim 5, in accordance with the above Order. 6. The Clerk of Court is directed to enter judgment in favor of Defendants/Intervenors and against Plaintiffs on Claim 2, Claim 4, and Claim 6, in accordance with the above Order. Signed by Judge Brian Morris on 3/23/2018. (MMS) Modified on 3/23/2018 to create links (MMS). (Entered: 03/23/2018)
110	Mar 23, 2018	Request	DOCUMENT WITHDRAWN PER ORDER 111 . CLERK'S JUDGMENT: Plaintiffs Motion for Summary Judgment 72 is GRANTED IN PART with regard to Claim 1, Claim 3, and Claim 5, and DENIED IN PART with regard to Claim 2, Claim 4, and Claim 6, in accordance with the above Order.2. Federal Defendants Cross-Motion for Summary Judgment 72 , Intervenor-Defendants BTU Western Resources and Peabody Caballo Minings Cross-Motion for Summary Judgment 84 , and Intervenor-Defendant Cloud Peak Energys Cross-Motion for Summary Judgment 87 , are GRANTED IN PART with regard to Claim 2, Claim 4, and Claim 6, and DENIED IN PART with regard to Claim 1, Claim 3, and Claim 5, in accordance with the above Order. (MMS) Modified on 3/26/2018 to reflect document is withdrawn (MMS). (Entered: 03/23/2018)
111	Mar 26, 2018	View	OPINION AND AMENDED ORDER re 109 Order, 1. Plaintiffs Motion for Summary Judgment 72 is GRANTED IN PART with regard to Claim 1, Claim 3, and Claim 5, and DENIED IN PART with regard to Claim 2, Claim 4, and Claim 6, in accordance with the above Order.2. Federal Defendants Cross-Motion for Summary Judgment 72 , Intervenor-Defendants BTU Western Resources and Peabody Caballo Minings Cross-Motion for Summary Judgment 84 , and Intervenor-Defendant Cloud Peak Energy's Cross-Motion for Summary Judgment 87 , are GRANTED IN PART with regard to Claim 2, Claim 4, and Claim 6, and DENIED IN PART with regard to Claim 1, Claim 3, and Claim 5, in accordance with the above Order. 3. Any new or pending leases of coal, oil, or gas resources in the planning areas subject to the Buffalo RMP and the Miles City RMP must undergo comprehensive environmental analyses in compliance with the above Order and all existing procedural requirements under NEPA and the APA. 4. The parties shall meet and confer in good faith to attempt to reach an agreement as to remedies. If the parties cannot agree, the parties shall submit additional briefing on remedies no later than 60 days from today's date, in accordance with the above Order. 5. Entry of judgment will follow the imposition of a remedy in accordance with the above order. The Clerk of Court is directed to withdraw the judgment previously entered 110 . Signed by Judge Brian Morris on 3/26/2018. (MMS) (Entered: 03/26/2018)
	Mar 26, 2018		Set/Reset Deadlines: Brief in Response to Order due by 5/25/2018, per Order 111 . (MMS) (Entered: 03/26/2018)
112	Apr 27, 2018	View	MOTION for Reconsideration re 111 Order,,,,, Shaun M. Pettigrew appearing for Defendants Sally Jewell, Neil Kornze, Janice Schneider, U.S. Bureau of Land Management (Pettigrew, Shaun) (Entered: 04/27/2018)
113	May 25, 2018	Request	Brief/Response to Order 111 Defendant-Intervenors' Joint Remedy Brief filed by Cloud Peak Energy Inc.. (Emrich, Andrew) Modified on 5/25/2018 to create link (MMS). (Entered: 05/25/2018)
114	May 25, 2018	Request	Brief/Response to Order Federal Defendants' Remedy Brief filed by Sally Jewell, Neil Kornze, Janice Schneider, U.S. Bureau of Land Management. (Attachments: # 1 Declaration of Todd D. Yeager, # 2 Declaration of Duane W. Spencer) (Pettigrew, Shaun) (Entered: 05/25/2018)
115	May 25, 2018	Request	Brief/Response to Order re 111 Order,,,,, filed by Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils. (Attachments: # 1 Declaration of Mark Fix, # 2 Declaration of Steve Gilbert, # 3 Declaration of Shannon Anderson, # 4 Declaration of LJ Turner, # 5 Declaration of Terry Punt, # 6 Declaration of James Hansen, PhD, # 7 Declaration of Brian Moench, PhD, # 8 Declaration of Peter Howard, PhD, # 9 Declaration of Professor Mark Squillace, # 10 Declaration of Carol Kwiatkowski, PhD) (Hernandez, Shiloh) (Entered: 05/25/2018)
116	Jun 1, 2018	Request	ERRATA 115 Brief/Response to Order,, . (Hernandez, Shiloh) (Entered: 06/01/2018)
117	Jun 14, 2018	Request	Joint MOTION for Leave to File Response to Plaintiffs Remedies Brief Andrew C. Emrich appearing for Intervenor Defendant Cloud Peak Energy Inc. (Emrich, Andrew) (Entered: 06/14/2018)
118	Jun 14, 2018	Request	Brief/Memorandum in Support re 117 Joint MOTION for Leave to File Response to Plaintiffs Remedies Brief filed by Cloud Peak Energy Inc.. (Emrich, Andrew) (Entered: 06/14/2018)
119	Jun 14, 2018	Request	MOTION for Leave to File brief in response to Plaintiffs' Remedies Brief (ECF No. 115) John S. Most appearing for Defendant U.S. Bureau of Land Management (Most, John) (Entered: 06/14/2018)
120	Jun 14, 2018	Request	Brief/Memorandum in Support re 119 MOTION for Leave to File brief in response to Plaintiffs' Remedies Brief (ECF No. 115) filed by U.S. Bureau of Land Management. (Most, John) (Entered: 06/14/2018)
121	Jun 28, 2018	Request	RESPONSE to Motion re 119 MOTION for Leave to File brief in response to Plaintiffs' Remedies Brief (ECF No. 115), 117 Joint MOTION for Leave to File Response to Plaintiffs Remedies Brief filed by Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils. (King, Laura) (Entered: 06/28/2018)
122	Jul 12, 2018	Request	REPLY to Response to Motion re 117 Joint MOTION for Leave to File Response to Plaintiffs Remedies Brief and Accompanying New Declarations and Exhibits filed by Cloud Peak Energy Inc.. (Emrich, Andrew) (Entered: 07/12/2018)
123	Jul 12, 2018	Request	REPLY to Response to Motion re 119 MOTION for Leave to File brief in response to Plaintiffs' Remedies Brief (ECF No. 115) filed by U.S. Bureau of Land Management. (Most, John) (Entered: 07/12/2018)
124	Jul 31, 2018	View	ORDER; Federal Defendants shall complete, within sixteen months of todays date and no later than November 29, 2019, new coal screening and remedial NEPA analyses in compliance with the Courts March 26, 2018, Order 111 . Any new or pending leases of coal, oil, or gas resources in the planning areas subject to the Buffalo RMP and the Miles City RMP must undergo comprehensive environmental analyses in compliance with the Courts March 26, 2018, Order 111 and all existing procedural requirements under NEPA and the APA. The Clerk of Court is directed to enter judgment in favor of Plaintiffs and against Defendants on Claim 1, Claim 3, and Claim 5, in accordance with the Courts March 26, 2018, Order. 110 The Clerk of Court is directed to enter judgment in favor of Defendants/Intervenors and against Plaintiffs on Claim 2, Claim 4, and Claim 6, in accordance with the Courts March 26, 2018, Order. 111 Federal Defendants Motion to Reconsider 112 is DENIED AS MOOT. Federal Defendants and Defendant-Intervenors Motions for Leave to File Response to Plaintiffs Remedies Brief 117 119 are DENIED AS MOOT. Signed by Judge Brian Morris on 7/31/2018. (TLO) (Entered: 07/31/2018)
125	Aug 1, 2018	View	CLERK'S JUDGMENT: IT IS ORDERED: 1) Federal Defendants shall complete, within sixteen months of todays date and no later than November 29, 2019, new coal screening and remedial NEPA analyses in compliance with the Courts March 26, 2018 Order (Doc. 111); 2) Any new or pending leases of coal, oil, or gas resources in the planning areas subject to the Buffalo RMP and the Miles City RMP must undergo comprehensive environmental analyses in compliance with the Courts March 26, 2018 Order (Doc. 111) and all existing procedural requirements under NEPA and the APA; 3) The Clerk of Court is directed to enter judgment in favor of Plaintiffs and against Defendants on Claim 1, Claim 3, and Claim 5, in accordance with the Courts March 26, 2018 Order (Doc. 111); 4)The Clerk of Court is directed to enter judgment in favor of Defendants/Intervenors and against Plaintiffs on Claim 2, Claim 4, and Claim 6, in accordance with the Courts March 26, 2018 (Doc. 111); 5) Federal Defendants Motion to Reconsider (Doc. 112) is DENIED AS MOOT; 6) Federal Defendants and Defendant-Intervenors Motions for Leave to File Response to Plaintiffs Remedies Brief (Docs. 117, 119) are DENIED AS MOOT. (SLR) (Entered: 08/01/2018)
126	Oct 1, 2018	Request	NOTICE OF APPEAL by Sally Jewell, Neil Kornze, Janice Schneider, U.S. Bureau of Land Management. (Pettigrew, Shaun) (Entered: 10/01/2018)
127	Oct 10, 2018	Request	USCA Case Number 18-35836 and Time Schedule Order for 126 Notice of Appeal filed by Janice Schneider, Sally Jewell, Neil Kornze, U.S. Bureau of Land Management. (SLR) (Entered: 10/10/2018)
128	Oct 11, 2018	Request	NOTICE OF APPEAL as to 125 Clerk's Judgment,,,, by State of Wyoming. Filing fee $ 505, receipt number 0977-2207471. (Dalthorp, David) (Entered: 10/11/2018)
129	Oct 12, 2018	Request	NOTICE OF CROSS APPEAL as to 125 Clerk's Judgment,,,, 111 Order,,,,, 124 Order on Motion for Reconsideration,,,,, Order on Motion for Leave to File,,,,,,,,, by Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils. Filing fee $ 505, receipt number 0977-2207672. (King, Laura) (Entered: 10/12/2018)
130	Oct 15, 2018	Request	USCA Case Number 18-35847 and Time Schedule order for 128 Notice of Appeal filed by State of Wyoming. (TLO) (Entered: 10/15/2018)
131	Oct 15, 2018	Request	USCA Case Number 18-35849 and Time Schedule Order for 129 128 126 Notice of Cross Appeal, filed by Powder River Basin Resource Council, Natural Resources Defense Council, Montana Environmental Information Center, Sierra Club, Western Organization of Resource Councils, Northern Plains Resource Council. (TLO) (Entered: 10/15/2018)
132	Oct 15, 2018	Request	NOTICE OF APPEAL by Cloud Peak Energy Inc.. Filing fee $ 505, receipt number 0977-2208637. (Emrich, Andrew) (Entered: 10/15/2018)
133	Oct 15, 2018	Request	NOTICE OF APPEAL by Peabody Caballo Mining. Filing fee $ 505, receipt number 0977-2208725. (Forsythe, W.) (Entered: 10/15/2018)
134	Oct 15, 2018	Request	NOTICE OF APPEAL by BTU Western Resources, Peabody Caballo Mining. Filing fee $ 505, receipt number 26CT39NN. (Forsythe, W.) (Entered: 10/15/2018)
135	Oct 19, 2018	Request	USCA Case Number 18-35869 and Time Schedule Order for 132 Notice of Appeal filed by Cloud Peak Energy Inc. (SLR) (Entered: 10/19/2018)
136	Oct 19, 2018	Request	USCA Case Number 18-35870 and Time Schedule Order for 134 Notice of Appeal filed by BTU Western Resources, Peabody Caballo Mining, 133 Notice of Appeal filed by Peabody Caballo Mining. (SLR) (Entered: 10/19/2018)
137	Jan 2, 2019	Request	ORDER (MANDATE) of USCA as to 126 Notice of Appeal filed by Janice Schneider, Sally Jewell, Neil Kornze, U.S. Bureau of Land Management, 134 Notice of Appeal filed by BTU Western Resources, Peabody Caballo Mining, 128 Notice of Appeal filed by State of Wyoming, 132 Notice of Appeal filed by Cloud Peak Energy Inc., 133 Notice of Appeal filed by Peabody Caballo Mining. The motions to dismiss these appeals voluntarily are granted. Fed. R. App. P. 42(b). The parties will bear their own fees and costs related to these appeals. (ACC) (Entered: 01/02/2019)
138	Jan 31, 2019	Request	MOTION for Attorney Fees and Costs Shiloh Silvan Hernandez appearing for Plaintiffs Montana Environmental Information Center, Northern Plains Resource Council, Powder River Basin Resource Council, Western Organization of Resource Councils (Hernandez, Shiloh) (Entered: 01/31/2019)
139	Jan 31, 2019	Request	Brief/Memorandum in Support re 138 MOTION for Attorney Fees and Costs filed by Montana Environmental Information Center, Northern Plains Resource Council, Powder River Basin Resource Council, Western Organization of Resource Councils. (Attachments: # 1 Declaration of Shiloh Hernandez, # 2 Declaration of Laura King, # 3 Declaration of Kyle Tisdel, # 4 Declaration of Shannon Anderson) (Hernandez, Shiloh) (Entered: 01/31/2019)
140	Jan 31, 2019	Request	Joint MOTION to Stay re 138 MOTION for Attorney Fees and Costs Shiloh Silvan Hernandez appearing for Plaintiffs Montana Environmental Information Center, Natural Resources Defense Council, Northern Plains Resource Council, Powder River Basin Resource Council, Sierra Club, Western Organization of Resource Councils (Attachments: # 1 Text of Proposed Order) (Hernandez, Shiloh) (Entered: 01/31/2019)
141	Jan 31, 2019	Request	ORDER granting 140 Motion to Stay. IT IS HEREBY ORDERED that all proceedings in this case shall be stayed for sixty days until March 5, 2019. Signed by Judge Brian Morris on 1/31/2019. (MMS) (Entered: 01/31/2019)
	Feb 21, 2019		Set/Reset Deadlines: Case Stayed until 3/5/2019 per Order 141 . (MMS) (Entered: 02/21/2019)
142	Feb 28, 2019	Request	Joint MOTION to Clarify Order Granting Stay Shiloh Silvan Hernandez appearing for Plaintiffs Montana Environmental Information Center, Northern Plains Resource Council, Powder River Basin Resource Council, Western Organization of Resource Councils (Attachments: # 1 Text of Proposed Order) (Hernandez, Shiloh) (Entered: 02/28/2019)
143	Mar 13, 2019	Request	ORDER granting 142 Motion to Clarify Stay. IT IS HEREBY ORDERED that the stay granted by this Court in its order of January 31, 2019, shall extend up to and including April 1, 2019. Signed by Judge Brian Morris on 3/13/2019. (MMS) (Entered: 03/13/2019)
144	Mar 29, 2019	Request	Joint MOTION to Stay re 138 MOTION for Attorney Fees and Costs Shaun M. Pettigrew appearing for Defendant U.S. Bureau of Land Management (Attachments: # 1 Text of Proposed Order) (Pettigrew, Shaun) (Entered: 03/29/2019)
145	Apr 1, 2019	Request	ORDER; Before this Court is the joint motion of Plaintiffs Western Organization of Resource Council, et al., and Federal Defendants to extend the stay of briefing on Plaintiffs motion for attorneys fees and costs granted by this Court on January 31, 2019, and clarified on March 13, 2019. ECF Nos. 141 , 143 . The Court having reviewed the joint motion, being fully informed in the premises, and with good cause having been established, finds that the joint motion shall be GRANTED. IT IS HEREBY ORDERED that the stay of briefing on Plaintiffs motion for attorneys fees and costs shall extend up to and including May 31, 2019. Signed by Judge Brian Morris on 4/1/2019. (TLO) (Entered: 04/01/2019)
146	May 28, 2019	Request	NOTICE of Withdrawal of Plaintiff's 138 Motion for Attorney's Fees, Costs, and Other Expenses by Montana Environmental Information Center, Northern Plains Resource Council, Powder River Basin Resource Council, Western Organization of Resource Councils (Hernandez, Shiloh) Modified on 5/28/2019 to clean up text and link to motion. (SLR). (Entered: 05/28/2019)
147	May 28, 2019	Request	Notice of Correction: re 146 Notice of Withdrawal of Plaintiffs' Motion for Attorney's Fees, Costs, and Other Expenses. The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (SLR) (Entered: 05/28/2019)

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