Montana District Court
Judge:Brian Morris
Case #: 4:17-cv-00042
Nature of Suit893 Other Statutes - Environmental Matters
Cause42:4332 Environmental Policy - Coop of Agency Reports
Case Filed:May 09, 2017
Re-opened:Jul 23, 2020
Terminated:Oct 11, 2022
Last checked: Sunday Nov 05, 2017 2:30 AM MST
Defendant
United States Bureau of Land Management
Represented By
John S. Most
contact info
Defendant
United States Department of the Interior
Represented By
John S. Most
contact info
Defendant
Ryan Zinke
Represented By
John S. Most
contact info
Intervenor Defendant
State of Wyoming
Represented By
David C. Dalthorp
Jackson, Murdo & Grant, P.C.
contact info
Erik Edward Petersen
Wyoming Attorney General
contact info
Plaintiff
State of California
Represented By
William R. Sherman
Washington State Attorney General'S Office
contact info
Roger M. Sullivan
Mcgarvey Heberling Sullivan & Mcgarvey
contact info
William G. Grantham
State Of New Mexico Office Of The Attorney General
contact info
Andrew G. Frank
New York State Attorney General'S Office
contact info
Dustin A. Leftridge
Mcgarvey Heberling Sullivan & Mcgarvey, P.C.
contact info
Yueh-ru Chu
Office Of The New York State Attorney General
contact info
Liz Rumsey
California Department Of Justice
contact info
George Torgun
California Department Of Justice
contact info
Plaintiff
State of New Mexico
Represented By
William R. Sherman
Washington State Attorney General'S Office
contact info
Roger M. Sullivan
Mcgarvey Heberling Sullivan & Mcgarvey
contact info
William G. Grantham
State Of New Mexico Office Of The Attorney General
contact info
Andrew G. Frank
New York State Attorney General'S Office
contact info
Dustin A. Leftridge
Mcgarvey Heberling Sullivan & Mcgarvey, P.C.
contact info
Yueh-ru Chu
Office Of The New York State Attorney General
contact info
Liz Rumsey
California Department Of Justice
contact info
George Torgun
California Department Of Justice
contact info
Plaintiff
State of New York
Represented By
William R. Sherman
Washington State Attorney General'S Office
contact info
Roger M. Sullivan
Mcgarvey Heberling Sullivan & Mcgarvey
contact info
William G. Grantham
State Of New Mexico Office Of The Attorney General
contact info
Andrew G. Frank
New York State Attorney General'S Office
contact info
Dustin A. Leftridge
Mcgarvey Heberling Sullivan & Mcgarvey, P.C.
contact info
Yueh-ru Chu
Office Of The New York State Attorney General
contact info
Liz Rumsey
California Department Of Justice
contact info
George Torgun
California Department Of Justice
contact info
Plaintiff
State of Washington
Represented By
William R. Sherman
Washington State Attorney General'S Office
contact info
Roger M. Sullivan
Mcgarvey Heberling Sullivan & Mcgarvey
contact info
William G. Grantham
State Of New Mexico Office Of The Attorney General
contact info
Andrew G. Frank
New York State Attorney General'S Office
contact info
Dustin A. Leftridge
Mcgarvey Heberling Sullivan & Mcgarvey, P.C.
contact info
Yueh-ru Chu
Office Of The New York State Attorney General
contact info
Liz Rumsey
California Department Of Justice
contact info
George Torgun
California Department Of Justice
contact info

GPO Jun 02 2017
ORDER granting 16 Motion to Consolidate Cases. Citizens for Clean Energy CV-17-30-GF-BMM is designated as the lead case, to which all filings shall henceforth be made. SEE ORDER FOR FULL DETAILS AND DEADLINES. Signed by Judge Brian Morris on 6/2/2017. (MMS) Modified on 6/2/2017 to add case number (MMS).
GPO Jun 02 2017
ORDER: Plaintiffs have moved for admission of Elizabeth Rumsey to appear pro hac vice in this case with Roger M. Sullivan, of McGarvey, Heberling, Sullivan & Lacey, P.C. to act as local counsel. Ms. Rumseys application appears to be in compliance with L.R. 83.1(d). IT IS HEREBY ORDERED: Plaintiff's14 Motion to Appear Pro Hac Vice is GRANTED, subject to the following conditions: SEE ORDER FOR FULL DETAILS. Acknowledgment of PHV Order due by 6/19/2017. Signed by Judge Brian Morris on 6/2/2017. (ACC)
GPO Jun 05 2017
ORDER granting 20 Motion to Appear Pro Hac Vice Attorney Bill Grantham for Plaintiffs. Acknowledgment of PHV Order due by 6/19/2017. Signed by Judge Brian Morris on 6/5/2017. (Copy mailed to counsel Grantham) (MMS)
GPO Jul 10 2017
ORDER granting (37) Motion to Intervene as to National Mining Association in case 4:17-cv-00030-BMM Signed by Judge Brian Morris on 7/10/2017. Associated Cases: 4:17-cv-00030-BMM, 4:17-cv-00042-BMM (MMS)
GPO Jul 10 2017
ORDER granting (39) Motion to Intervene regarding the State of Montana in case 4:17-cv-00030-BMM Signed by Judge Brian Morris on 7/10/2017. Associated Cases: 4:17-cv-00030-BMM, 4:17-cv-00042-BMM (MMS)
GPO Jul 25 2017
ORDER granting 34 Motion to Intervene regarding the State of Wyoming. Signed by Judge Brian Morris on 7/25/2017. (MMS)
GPO Jun 21 2018
2-BMM, (Copy of Order mailed to PHV Counsel Templeton, Counsel Weinstock is a registered user) (MMS) Modified on 6/21/2018 to correct name of attorney in docket text (MMS).ORDER granting (103) Motion to Appear Pro Hac Vice as to Mark Templeton ; granting (104) Motion to Appear Pro Hac Vice as to Robert Weinstock in case 4:17-cv-00030-BMM; granting (85) Motion to Appear Pro Hac Vice as to Mark Templeton ; granting (86) Motion to Appear Pro Hac Vice as to Robert Weinstock in case 4:17-cv-00042-BMM. Acknowledgment of PHV Order due by 7/6/2018. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 6/21/2018. Associated Cases: 4:17-cv-00030-BMM, 4:17-cv-0004
GPO Jul 23 2018
ORDER: The parties shall comply with the following deadlines and word counts: Federal Defendants to certify, serve, and lodge the second revised administrative record 7/11/18, Opening Brief of Plaintiff in CV-17-30 is 7/27/18, Opening Brief of Plaintiff in CV-17-42 is 7/27/18, Brief of Amicus Curiae Professor Michael Greenstone (5,000 words) 8/3/2018, Federal Defendants' Cross-Motion and Opposition Brief (13,000 words) 9/5/2018, Intervenor-Defendants State of Wyoming and State of Montana's Joint Cross-Motion and Opposition Brief(7,500 words) 9/19/18, Intervenor-Defendant National Mining Association'sCross-Motion and Opposition Brief 9/19/18, Opposition and Reply Brief of Plaintiff in CV -17-30 is 10/16/2018, Opposition and Reply Brief of Plaintiff in CV-17-42 is 10/16/2018, Federal Defendants' Reply Brief 11/16/2018, Intervenor-Defendants State of Wyoming and State of Montana's Reply Brief 12/3/2018, Intervenor-Defendant National Mining Association's Reply Brief 12/3/2018.Hearing on Cross-Motions for Summary Judgment is set for 12/13/2018 at 10:00 AM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 7/23/2018. Associated Cases: 4:17-cv-00030-BMM, 4:17-cv-00042-BMM (MMS)
GPO Apr 19 2019
ORDER: Plaintiffs' Motion for Summary Judgment 97 and 99 in CV-17-42-GF-BMM; and 115 and 117 in CV-17-30-GF-BMM are GRANTED IN PART and DENIED IN PART. It is further ORDERED that Defendants' and Defendant-Intervenors' Cross-Motions for Summary Judgment 105, 107, 109 in CV-17-42-GF-BMM; and 123, 125, 127 in CV-17-30-GF-BMM are GRANTED IN PART and DENIED IN PART. Entry of judgment will follow the imposition of a remedy in accordance with the above Order. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 4/19/2019. Associated Cases: 4:17-cv-00030-BMM, 4:17-cv-00042-BMM (MMS)
GPO Jul 31 2019
ORDER: The Court deems it appropriate to postpone a remedies ruling until after Federal Defendants' completion of their NEPA review. The Court's postponement of a remedies ruling does not foreclose Plaintiffs' ability to challenge the adequacy of Federal Defendants' NEPA review after its completion. The parties shall reserve their rights set forth in the Court's 141 Summary Judgment Order to file briefs within the word limits determined by the Court. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 7/31/2019. Associated Cases: 4:17-cv-00030-BMM, 4:17-cv-00042-BMM (SLR)
GPO Mar 26 2020
ORDER granting (157) Motion to Appear Pro Hac Vice for attorney James Kaste in case 4:17-cv-00030-BMM; granting (138) Motion to Appear Pro Hac Vice in case 4:17-cv-00042-BMM. Acknowledgment of PHV Order due by 4/17/2020. PLEASE SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 3/26/2020. Associated Cases: 4:17-cv-00030-BMM, 4:17-cv-00042-BMM (MMS) Modified on 3/26/2020 to regenerate order to Mr. Kaste (MMS).
GPO May 22 2020
ORDER: IT IS ORDERED that Plaintiffs' requested relief identified in their 115 117 Motions for Summary Judgment and 147 153 Briefs on Remedies is DENIED. IT IS ALSO ORDERED that the Clerk of Court is directed to close this case and enter judgment pursuant to Federal Rule of Civil Procedure 58. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 5/22/2020. Associated Cases: 4:17-cv-00030-BMM, 4:17-cv-00042-BMM (SLR)
GPO May 22 2020
CLERK'S JUDGMENT: IT IS ORDERED that Plaintiffs requested relief in their Motions for Summary Judgment (Docs. 115, 117) and Briefs on Remedies (Docs. 147, 153) is DENIED. (SLR)
GPO Jun 03 2021
ORDER denying (199) Motion to Stay in case 4:17-cv-00030-BMM; denying (174) Motion to Stay in case 4:17-cv-00042-BMM. The current Scheduling Order 198 remains in effect. Signed by Judge Brian Morris on 6/3/2021. Associated Cases: 4:17-cv-00030-BMM, 4:17-cv-00042-BMM (MMS)
GPO Aug 12 2022
ORDER: Plaintiffs Motions for Summary Judgment (Docs. 202 & 204) is GRANTED, IN PART, AND DENIED AS MOOT, IN PART. Federal Defendants, State Intervenors, and NMAs Motions for Summary Judgment (Docs. 219, 223, & 225) and NMAs Motion to Dismiss (Doc. 210) are DENIED. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 8/12/2022. Associated Cases: 4:17-cv-00030-BMM, 4:17-cv-00042-BMM (SLR)
GPO Oct 11 2022
ORDER; The Clerk of Court is directed to close this case and enter judgment pursuant to Federal Rule of Civil Procedure 58. Signed by Judge Brian Morris on 10/11/2022. Associated Cases: 4:17-cv-00030-BMM, 4:17-cv-00042-BMM (TLO)
GPO Oct 11 2022
ORDER; The Clerk of Court is directed to close this case and enter judgment pursuant to Federal Rule of Civil Procedure 58. Signed by Judge Brian Morris on 10/11/2022. (TLO)

Docket last updated: 2 hours ago
Monday, April 08, 2024
224 224 2 pgs order Order ~Util - Set Motion and F&R Deadlines/Hearings - MT Mon 04/08 10:48 AM
ORDER re157 MOTION for Attorney Fees filed by Center for Biological Diversity, Montana Environmental Information Center, Citizens for Clean Energy, EcoCheyenne, Wildearth Guardians, Defenders of Wildlife. The following procedure shall govern the resolution of Plaintiffs' motion for an award of attorney fees 1) The parties will confer and attempt to reach agreement on the Conservation Plaintiffs' motion. 2) If no agreement is reached, Conservation Plaintiffs will submit further briefing and materials in support of their motion for an award of fees and costs no later than June 20, 2024; 3) Federal Defendants will file a response by July 22, 2024 (unless an extension of time is sought and granted); 4) Conservation Plaintiffs will file a reply in support of their motion by August 22, 2024.. Signed by Judge Brian Morris on 4/8/2024. (ACC)
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