Montana Environmental Information Center et al v. Bernhardt et al
| Montana District Court | |
| Judge: | Susan P Watters |
| Referred: | Timothy J Cavan |
| Case #: | 1:19-cv-00130 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 42:4321 Review of Agency Action-Environment |
| Case Filed: | Nov 18, 2019 |
| Terminated: | Feb 23, 2023 |
| Last checked: Saturday May 16, 2020 5:07 AM MDT |
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Defendant
U.S. Fish and Wildlife Service
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Represented By
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Defendant
Aurelia Skipwith
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Defendant
David Bernhardt
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Defendant
David Berry
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Defendant
Marcelo Calle
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Defendant
Lanny Erdos
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Defendant
Casey Hammond
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Defendant
U. S. Department of the Interior
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Defendant
U. S. Office of Surface Mining Reclamation and Enforcement
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Represented By
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Intervenor Defendant
Westmoreland Rosebud Mining LLC
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Represented By
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Plaintiff
Indian People's Action
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Plaintiff
Wildearth Guardians
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Plaintiff
Sierra Club
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Plaintiff
Montana Environmental Information Center
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Represented By
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Plaintiff
350 Montana
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Represented By
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GPO
Nov 19 2019
ORDER granting 3 Motion to Appear Pro Hac Vice for Attorney Nathaniel Shoaff for 350 Montana, Indian People's Action, Montana Environmental Information Center, Sierra Club, Wildearth Guardians. Acknowledgment of PHV Order due by 12/4/2019. Signed by Magistrate Judge Timothy J. Cavan on 11/19/2019. (HEG) |
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GPO
Dec 20 2019
ORDER granting 7 Motion to Intervene. FURTHER ORDERED: Westmoreland shall file its Answer and corporate disclosure statement, which is attached to its motion. Signed by Magistrate Judge Timothy J. Cavan on 12/20/2019. (HEG) |
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GPO
Dec 31 2020
ORDER granting 13 Motion to Appear Pro Hac Vice for Attorney Hadassah M. Reimer for Westmoreland Rosebud Mining LLC. Acknowledgment of PHV Order due by 1/15/2020. Signed by Magistrate Judge Timothy J. Cavan on 12/31/2019. (HEG) |
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GPO
Jan 02 2020
ORDER granting 14 Motion to Appear Pro Hac Vice for Attorney Kristina R. Van Bockern for Westmoreland Rosebud Mining LLC. Acknowledgment of PHV Order due by 1/17/2020. Signed by Magistrate Judge Timothy J. Cavan on 1/2/2020. (HEG) |
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GPO
Feb 21 2020
ORDER re 36 Order to Show Cause. Ms. Mathiascheck has filed the required acknowledgment (Doc. 40) and registered in CM/ECF. Accordingly, the Court will not revoke Ms. Mathiaschecks admission. Signed by Magistrate Judge Timothy J. Cavan on 2/21/2020. (HEG) |
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GPO
Mar 03 2020
Order Withholding Consent. Consent to the jurisdiction of the U. S. Magistrate Judge having been either withheld or met with objection, this case remains ASSIGNED to the Honorable Susan P. Watters and is REFERRED to the Honorable Timothy J. Cavan. Signed by Judge Susan P. Watters on 3/3/2020. (JDR) |
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GPO
Jul 29 2020
ORDER DENYING MOTION TO TRANSFER VENUE. Westmorelands Motion to Transfer Venue (Doc. 20) is DENIED. Signed by Magistrate Judge Timothy J. Cavan on 7/29/2020. (HEG) |
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GPO
Jul 29 2020
FINDINGS AND RECOMMENDATIONS re 32 MOTION to Dismiss for Lack of Standing filed by Westmoreland Rosebud Mining LLC, 47 MOTION for Discovery Motion for Leave to Conduct Limited Discovery Regarding Plaintiffs' Standing filed by Westmoreland Rosebud Mining LLC. Signed by Magistrate Judge Timothy J. Cavan on 7/29/2020. (HEG) |
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GPO
Aug 31 2020
(EMH)ORDER. IT IS HEREBY ORDERED that Plaintiff's 62 MOTION for Preliminary Injunction is referred to the Honorable Susan P. Watters for the limited purpose of ruling on this motion only. Signed by Judge Susan P. Watters on 8/31/2020. |
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GPO
Sep 16 2020
ORDERED THAT PLAINTIFFS HAVE UNTIL 9/24/2020 TO RESPOND TO 69 MOTION to Intervene filed by International Union of Operating Engineers, Local 400 Signed by Judge Susan P. Watters on 9/16/2020. (AMC) |
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GPO
Sep 29 2020
ORDER granting 69 Motion to Intervene. IT IS HEREBY ORDERED that the Union shall be permitted to intervene in the above-captioned matter and shall file a Response to Plaintiff's Motion for Preliminary Injunction on or before 10/9/2020. IT IS FURTHER ORDERED that Plaintiffs shall file their reply in support of their motion on or before 10/23/2020. Signed by Judge Susan P. Watters on 9/29/2020. (EMH) |
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GPO
Oct 06 2020
ORDER GRANTING CITY OF COLSTRIP (AMICUS PARTY) FOR LEAVE TO FILE AMICUS BRIEF 84 Motion to Intervene. Must be filed by Friday, October 9, 2020. Signed by Judge Susan P. Watters on 10/6/2020. (AMC) |
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GPO
Oct 13 2020
ORDER RE FINDINGS AND RECOMMENDATIONS. IT IS HEREBY ORDERED that Judge Cavan's 59 FINDINGS AND RECOMMENDATIONS are ADOPTED IN FULL. IT IS FURTHER ORDERED that Westmoreland's 32 Motion to Dismiss for Lack of Standing is GRANTED in part and DENIED in part. Plaintiffs Indian People's Action, 350 Montana, and Sierra Club are dismissed with leave to amend. IT IS FURTHER ORDERED that Westmoreland's 47 Motion for leave to Conduct Limited Discovery Regarding Plaintiff's Standing is DENIED. Signed by Judge Susan P. Watters on 10/13/2020. (EMH) |
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GPO
Dec 02 2020
ORDER granting 104 Motion To Appear Via Video Conference Or Telephonically. Signed by Judge Susan P. Watters on 12/2/2020. (Copy Order to IT staff) (EMH) |
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GPO
Dec 04 2020
ORDER GRANTING INTERVENOR'S MOTION FOR WITNESSES TO APPEAR VIA VIDEO CONFERENCE 106 Motion for Leave to Appear Video Appearance Signed by Judge Susan P. Watters on 12/4/2020. (Copy to I.T.) (AMC) |
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GPO
Dec 07 2020
ORDER granting 108 Motion for Leave to Appear via video conference or telephonically for Plaintiffs' counsel and witnesses. Signed by Judge Susan P. Watters on 12/7/2020. (Copy of Order to Billings IT staff) (EMH) |
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GPO
Dec 14 2020
ORDER granting 111 Motion for Leave to Appear via video conference or telephonically for hearing scheduled Friday December 18, 2020 at 9:00 AM. Signed by Judge Susan P. Watters on 12/14/2020. (copy Order to Billings IT staff) (EMH) |
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GPO
Jan 25 2021
ORDER DENYING 62 Motion for Preliminary Injunction Signed by Judge Susan P. Watters on 1/25/2021. (AMC) |
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GPO
Jun 01 2021
ORDER GRANTING PLAINTIFFS UNOPPOSED MOTION FOR ENLARGEMENT OF WORD LIMIT: IT IS HEREBY ORDERED that Defendants motion (Doc. 144) is GRANTED. The word limit for each partys brief is enlarged by 1,500 words and shall not exceed 8,000 words, excluding caption, tables, and certificates. L.R. 7.1(d)(2)(E). Signed by Magistrate Judge Timothy J. Cavan on 6/1/2021. (HEG) |
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GPO
Jun 07 2021
ORDER: The Scheduling Order is amended as follows: Federal Defendants and Intervenor Defendants briefs in support of their combined cross-motions for summary judgment and responses to Plaintiffs motion for summary judgment: June 15, 2021. Plaintiffs combined brief in response to Federal Defendants and Intervenor Defendants cross-motions for summary judgment and reply in support of their motion for summary judgment: July 20, 2021. Federal Defendants and Intervenor Defendants reply briefs in support of their cross-motions for summary judgment: August 10, 2021. Signed by Magistrate Judge Timothy J. Cavan on 6/7/2021. (HEG) |
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GPO
Jan 27 2022
ORDERED: Plaintiffs Motion to Appear Via Video Conference at the hearing scheduled for January 28, 2022 is GRANTED. Plaintiffs co-Counsel, Nathaniel Shoaff and Melissa Hornbein may appear by videoconference at the January 28, 2022 Motion Hearing. The Court will host the conference via Zoom, and will provide counsel access information by email prior to the hearing date. Signed by Magistrate Judge Timothy J. Cavan on 1/27/2022. (HEG) |
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GPO
Jan 27 2022
ar by videoconference at the January 28, 2022 Motion Hearing. Signed by Magistrate Judge Timothy J. Cavan on 1/27/2022. (HEG)ORDERED: Intervenors Unopposed Motion to Appear Via Video Conference at the hearing scheduled for January 28, 2022 is GRANTED. Intervenors co-Counsel, Hadassah M. Reimer, Susan M. Mathiascheck, Kristina R. Van Bockern, and William W. Mercer may appe |
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GPO
Feb 11 2022
FINDINGS AND RECOMMENDATIONS re 136 MOTION for Summary Judgment filed by 350 Montana, Indian People's Action, Montana Environmental Information Center, Wildearth Guardians, Sierra Club, 148 Cross MOTION for Summary Judgment filed by Aurelia Skipwith, David Bernhardt, Lanny Erdos, Marcelo Calle, Casey Hammond, U.S. Fish and Wildlife Service, David Berry, U. S. Department of the Interior, U. S. Office of Surface Mining Reclamation and Enforcement, 150 Cross MOTION for Summary Judgment filed by International Union of Operating Engineers, Local 400, Westmoreland Rosebud Mining LLC. Signed by Magistrate Judge Timothy J. Cavan on 2/11/2022. (HEG) |
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GPO
Sep 30 2022
ORDER, For the reasons discussed above, Judge Cavan's 177 Findings and Recommendations are ADOPTED in part and REJECTED in part. IT IS HEREBY ORDERED that Plaintiffs' 136 Motion for Summary Judgment is GRANTED. IT IS FURTHER ORDERED that Intervenor Defendant's Cross Motion for Summary Judgment is GRANTED IN PART as to the dismissal of Plaintiffs Indian People's Action, 350 Montana, and WildEarth Guardians for lack of standing, and DENIED in all other respects. IT IS FURTHER ORDERED that Federal Defendants' Cross Motion for Summary Judgment is DENIED. (PLEASE READ ENTIRE ORDER FOR ALL DETAILS) Signed by Judge Susan P. Watters on 9/30/2022. (EMH) |
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GPO
Feb 08 2024
ORDER granting 214 Motion to Stay. IT IS HEREBY ORDERED that the proceedings on Plaintiff Montana Environmental Information Center's (MEIC) motion for fees and costs (Doc. 212) are STAYED for a period of 90 days to allow the parties to negotiate a settlement on the issue. If the parties are unable to settle, they shall file a status report notifying the Court no later than May 9,2024 that a settlement could not be reached and either request a reasonable extension of the period to continue negotiations or propose a briefing schedule for resolving MEIC's motion. Signed by Judge Susan P. Watters on 2/7/2024. (EMH) |
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GPO
Apr 02 2024
ORDER granting in part and denying in part 205 Motion for Order/Judgment. IT IS SO ORDERED that Federal Defendants Motion to Extend Deadline to Complete Corrective NEPA Analysis and Deferred Vacatur of the EIS (Doc. 205) is GRANTED as to the request for an extension and DENIED as to the length of the extension. Signed by Judge Susan P. Watters on 4/2/2024. (EMH) |
| 1. | Environmental groups file federal lawsuit against Rosebud Coal Mine expansion (kxlh.com) |
| Submitted Thu 11/21/2019 | |
| Docket last updated: 12 hours ago |
| Tuesday, October 08, 2024 | ||
| 231 | 231
2
pgs
order
Order Setting - MT
Tue 10/08 12:06 PM
IT IS HEREBY ORDERED that the parties shall have an additional 30 days to complete approval of the settlement. The parties shall file a status report by November 6, 2024 apprising the Court of the status of settlement approval and requesting additional time if necessary. Status Report due by 11/6/2024. Signed by Judge Susan P. Watters on 10/8/2024. (AMC) |
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| Monday, October 07, 2024 | ||
| 230 | 230
misc
Status Report
Mon 10/07 7:17 PM
STATUS REPORT Joint by Montana Environmental Information Center. (Hornbein, Melissa) |
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