Washington Western District Court
Judge:Richard A Jones
Case #: 2:20-cv-00907
Nature of Suit899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision
Cause05:702 Administrative Procedure Act
Case Filed:Jun 11, 2020
Terminated:Jan 30, 2023
Last checked: Tuesday Dec 08, 2020 12:50 AM PST
Defendant
Andrew Wheeler
Represented By
Brian S Uholik
contact info
David J Kaplan
Us Department Of Justice
contact info
Defendant
United States Environmental Protection Agency
Represented By
Brian S Uholik
contact info
David J Kaplan
Us Department Of Justice
contact info
Plaintiff
Columbia Riverkeeper
Represented By
Janette K. Brimmer
Earthjustice (wa)
contact info
Marisa Christine Ordonia
Earthjustice (wa)
contact info
Plaintiff
Institute for Fisheries Resources
Represented By
Janette K. Brimmer
Earthjustice (wa)
contact info
Marisa Christine Ordonia
Earthjustice (wa)
contact info
Plaintiff
Makah Indian Tribe
Represented By
Anna Elza Brady
Ziontz Chestnut
contact info
Wyatt Foster Golding
Ziontz Chestnut
contact info
Brian C Gruber
Ziontz Chestnut
contact info
Janette K. Brimmer
Earthjustice (wa)
contact info
Marisa Christine Ordonia
Earthjustice (wa)
contact info
Plaintiff
Pacific Coast Federation of Fishermen's Associations
Represented By
Janette K. Brimmer
Earthjustice (wa)
contact info
Marisa Christine Ordonia
Earthjustice (wa)
contact info
Plaintiff
Puget Soundkeeper Alliance
Represented By
Janette K. Brimmer
Earthjustice (wa)
contact info
Marisa Christine Ordonia
Earthjustice (wa)
contact info
Plaintiff
RE Sources
Represented By
Janette K. Brimmer
Earthjustice (wa)
contact info
Marisa Christine Ordonia
Earthjustice (wa)
contact info
Plaintiff
Spokane Riverkeeper
Represented By
Janette K. Brimmer
Earthjustice (wa)
contact info
Marisa Christine Ordonia
Earthjustice (wa)
contact info


Docket last updated: 7 hours ago
Monday, January 30, 2023
34 34 order 3 - Stipulation and Order ~Util - Terminate Case Mon 01/30 3:23 PM
STIPULATION AND ORDER OF DISMISSAL signed by Judge Richard A. Jones. The parties'33 Joint Stipulated MOTION TO DISMISS THIS LAWSUIT WITHOUT PREJUDICE is granted. This matter is dismissed without prejudice. (VE)
Related: [-]
Friday, January 27, 2023
33 33 motion Stipulated Motion Fri 01/27 5:17 PM
Joint Stipulated MOTION TO DISMISS THIS LAWSUIT WITHOUT PREJUDICE AND PROPOSED ORDER , filed by Defendant United States Environmental Protection Agency. Noting Date 1/27/2023, (Kaplan, David)
Related: [-]
Tuesday, April 19, 2022
utility Set/Reset Deadlines Tue 04/19 7:28 AM
Set Deadline: The Court acknowledges receipt of the parties'32 JOINT STATUS REPORT. This matter shall remain in abeyance, in accordance with the schedule and terms set out in the Court's31 Order. The parties shall file an updated Joint Status Report no later than 1/27/2023. (VE)
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Monday, April 18, 2022
32 32 misc Joint Status Report Mon 04/18 6:02 AM
JOINT STATUS REPORT signed by all parties. (Kaplan, David)
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Tuesday, July 06, 2021
31 31 8 pgs order Order on Stipulated Motion Tue 07/06 4:30 PM
ORDER signed by Judge Richard A. Jones granting30 Stipulated MOTION to Hold this Case in Abeyance Pending Voluntary Reconsideration and Rulemaking . This case is held in abeyance pending the completion of EPA's rulemaking. If EPA (a) fails to sign a notice of proposed rulemaking that proposes federal HHC for Washington State within nine months of the date that the Court enters this order, or (b) fails to sign a final action on that rulemaking within nine months of the date EPA signs the notice of proposed rulemaking, then the Parties shall file within ten days of such failure an expeditious proposed schedule for summary judgment briefing. Summary judgment briefing shall be deferred if EPA signs the referenced proposed rule or final action before summary judgment briefs are filed. (VE)
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Thursday, July 01, 2021
utility Notice of Docket Text Modification Thu 07/01 9:22 AM
NOTICE of Docket Text Modification re30 Stipulated MOTION and Proposed Order to Hold this Case in Abeyance Pending Voluntary Remand Reconsideration and Rulemaking : corrected text from Remand to Reconsideration, per phone request from filer. (PM)
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Wednesday, June 30, 2021
30 30 motion Stipulated Motion Wed 06/30 8:28 PM
Stipulated MOTION and Proposed Order to Hold this Case in Abeyance Pending Voluntary Remand and Rulemaking , filed by Defendant United States Environmental Protection Agency. Noting Date 6/30/2021, (Kaplan, David)
Related: [-]
Tuesday, June 29, 2021
29 29 order Order on Stipulated Motion ~Util - Set/Reset Deadlines Tue 06/29 3:52 PM
MINUTE ORDER (text only) authorized by Judge Richard A. Jones. The parties'28 Stipulated MOTION to Extend Date for Filing Motions to Govern is GRANTED. The date for the parties to file a motion (or motions) to govern future proceedings in this case be extended to 6/30/2021. (VE)
Related: [-]
Monday, June 28, 2021
28 28 motion Stipulated Motion Mon 06/28 5:48 PM
Stipulated MOTION to Extend Date for Filing Motions to Govern , filed by Defendant United States Environmental Protection Agency. Noting Date 6/28/2021, (Kaplan, David)
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Thursday, February 25, 2021
27 27 order Order on Motion for Miscellaneous Relief Thu 02/25 10:04 AM
MINUTE ORDER (text only) authorized by Judge Richard. A. Jones. For good cause shown, Defendants'26 Unopposed MOTION to Hold This Case in Abeyance is GRANTED. This lawsuit and all proceedings in it are held in abeyance through 6/25/2021. The Parties shall file a motion (or motions) to govern further proceedings no later than 6/28/2021. (VE)
Related: [-]
Friday, February 19, 2021
26 26 motion Miscellaneous Relief Fri 02/19 11:57 AM
Unopposed MOTION Unopposed Motion to Hold This Case in Abeyance , filed by Defendants United States Environmental Protection Agency, Andrew Wheeler. Noting Date 2/19/2021, (Kaplan, David)
Related: [-]
Att: 1 Proposed Order Proposed Order Granting EPAs Unopposed Motion to Hold This Case in Abeyance
Friday, December 18, 2020
25 25 answer Answer to Complaint Fri 12/18 2:09 PM
ANSWER to1 Complaint,, by Northwest Pulp & Paper Association.(Tupper, James)
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24 24 2 pgs order Order on Motion to Intervene Fri 12/18 11:06 AM
ORDER granting21 Unopposed MOTION to Intervene Pursuant to FRCP 24(A) and 24(B) , signed by Judge Richard A. Jones. Defendant-Intervenors Northwest Pulp & Paper Association, American Forest & Paper Association, and Washington Farm Bureau are directed to file their proposed Answer with the Court within seven days. (VE)
Related: [-]
Thursday, December 17, 2020
23 23 respm Declaration Thu 12/17 3:36 PM
DECLARATION of Christian McCabe filed by Intervenor Defendants American Forest & Paper Association, Northwest Pulp & Paper Association, Washington Farm Bureau re21 Unopposed MOTION to Intervene Pursuant to FRCP 24(A) and 24(B) Attorney James A Tupper, Jr added to party Northwest Pulp & Paper Association(pty:intvd), Attorney James A Tupper, Jr added to party American Forest & Paper Association(pty:intvd),(Tupper, James)
Related: [-]
Att: 1 Exhibit 1,
Att: 2 Exhibit 2
22 22 respm Declaration Thu 12/17 3:32 PM
DECLARATION of James A. Tupper filed by Intervenor Defendants American Forest & Paper Association, Northwest Pulp & Paper Association, Washington Farm Bureau re21 Unopposed MOTION to Intervene Pursuant to FRCP 24(A) and 24(B) Attorney James A Tupper, Jr added to party Northwest Pulp & Paper Association(pty:intvd), Attorney James A Tupper, Jr added to party American Forest & Paper Association(pty:intvd), (Tupper, James)
Related: [-]
21 21 motion Intervene Thu 12/17 3:29 PM
Unopposed MOTION to Intervene Pursuant to FRCP 24(A) and 24(B) Attorney James A Tupper, Jr added to party Northwest Pulp & Paper Association(pty:intvd), Attorney James A Tupper, Jr added to party American Forest & Paper Association(pty:intvd), Attorney James A Tupper, Jr added to party Washington Farm Bureau(pty:intvd), filed by Intervenor Defendants Northwest Pulp & Paper Association, American Forest & Paper Association, Washington Farm Bureau. Noting Date 12/17/2020, (Tupper, James)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C
utility Add and Terminate Attorneys Fri 12/18 9:02 AM
Attorney Lynne Michele Cohee added for American Forest & Paper Association, Northwest Pulp & Paper Association, Washington Farm Bureau; per21 Unopposed MOTION to Intervene (MW)
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Wednesday, November 25, 2020
utility Set/Reset Deadlines Terminate Motions (Public, notice to parties) Wed 11/25 7:28 AM
Set Deadlines: Having considered the parties'20 Joint Stipulated MOTION and Proposed Scheduling Order and finding good cause, the Court grants the stipulated motion and enters the following scheduling order: Plaintiffs shall complete their review of the administrative records for judicial review no later than 3/24/2021. If the Parties are not able to resolve any such disputes informally, Plaintiffs shall file no later than 4/23/2021, a motion to resolve those disputes. If, however, the Parties have resolved their disputes informally, they shall file by 4/23/2021, a proposed summary judgment briefing schedule for the resolution of all the claims in this case. (VE)
Related: [-]
Tuesday, November 24, 2020
20 20 motion Stipulated Motion Tue 11/24 2:01 PM
Joint Stipulated MOTION and Proposed Scheduling Order , filed by Defendants United States Environmental Protection Agency, Andrew Wheeler. Noting Date 11/24/2020, (Kaplan, David)
Related: [-]
Tuesday, November 17, 2020
19 19 utility Notice to Filer Tue 11/17 3:23 PM
NOTICE TO FILER: re16 Notice of Filing Paper or Physical Materials,. Notice of Filing Deficiency ** Action Required ** See attached letter for more information and instructions. (MW)
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18 18 misc Receipt Tue 11/17 2:18 PM
RECEIPT of Thumb Drive (Administrative Record) re15 Notice; re16 Notice of Filing Paper or Physical Materials. (Placed on Clerk's Office filing shelf in expando folder) (PM)
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utility Set/Reset Deadlines Tue 11/17 11:11 AM
Set Deadline: The Court acknowledges receipt of the parties'17 JOINT STATUS REPORT. The parties shall file a joint motion for entry of a case and/or briefing schedule to govern these proceedings no later than 11/24/2020. (VE)
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Thursday, November 12, 2020
17 17 misc Joint Status Report Thu 11/12 7:56 PM
JOINT STATUS REPORT signed by all parties. (Uholik, Brian)
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Monday, November 09, 2020
16 16 notice Notice of Filing Paper or Physical Materials with the Clerk Mon 11/09 4:38 PM
NOTICE of Filing Administrative Record for EPA's Withdrawal Action in Paper or Physical Form with the Clerk's Office by Defendants United States Environmental Protection Agency, Andrew Wheeler.(Uholik, Brian)
Related: [-]
Att: 1 Exhibit Administrative Record Certification,
Att: 2 Exhibit Administrative Record Index
15 15 notice Notice-Other Mon 11/09 4:32 PM
NOTICE of Filing of Administrative Record, Certification, and Index for EPA's Approval Action ; filed by Defendants United States Environmental Protection Agency, Andrew Wheeler.(Uholik, Brian)
Related: [-]
Att: 1 Exhibit Administrative Record Certification,
Att: 2 Exhibit Administrative Record Index
14 14 answer Answer to Complaint Mon 11/09 4:23 PM
ANSWER to1 Complaint,, by United States Environmental Protection Agency, Andrew Wheeler.(Uholik, Brian)
Related: [-]
Friday, August 14, 2020
utility Set/Reset Deadlines Terminate Motions (Public, notice to parties) Fri 08/14 2:46 PM
Reset Deadlines: Having considered the parties'13 Stipulated MOTION for Extension of Time to File Answer and Administrative Record, and finding good cause, the Court GRANTS the stipulated motion. The deadline for Defendants to file their answer and the administrative record for review is extended to 11/9/2020. (VE)
Related: [-]
utility Set/Reset Deadlines Fri 08/14 2:51 PM
Reset Deadline: The parties have notified the Court this matter involves claims that are exempt from Rule 26(a) and (f). To correspond with the extended deadlines for the filing of Defendants' answer and the administrative record, the Court grants the parties' request to extend the deadline for submission of the Joint Status Report to 11/9/2020. (VE)
Related: [-]
Thursday, August 13, 2020
13 13 motion Extension of Time to File Answer Thu 08/13 4:27 PM
Stipulated MOTION for Extension of Time to File Answer and Administrative Record , filed by Defendants United States Environmental Protection Agency, Andrew Wheeler. Noting Date 8/13/2020, (Uholik, Brian)
Related: [-]
Friday, August 07, 2020
12 12 service Summons Returned Executed Fri 08/07 4:44 PM
SERVICE OF SUMMONS and Complaint returned executed upon defendant United States Environmental Protection Agency on 7/9/2020(Brimmer, Janette)
Related: [-]
Att: 1 Summons Brian Moran, US Attorney,
Att: 2 Summons William Barr, Attorney General
11 11 service Summons Returned Executed Fri 08/07 4:33 PM
SERVICE OF SUMMONS and Complaint returned executed upon defendant Andrew Wheeler on 7/9/2020 (Brimmer, Janette)
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10 10 order RAJ - Joint Status Report Order Fri 08/07 2:28 PM
ORDER REGARDING FRCP 26(f) CONFERENCE, INITIAL DISCLOSURES, AND JOINT STATUS REPORT. FRCP 26(f) Conference Deadline is 8/14/2020, Initial Disclosure Deadline is 8/21/2020, Joint Status Report due by 8/28/2020, by Judge Richard A. Jones. (VE)
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9 9 notice Notice of Appearance Fri 08/07 7:28 AM
NOTICE of Appearance by attorney Brian S Uholik on behalf of Defendants United States Environmental Protection Agency, Andrew Wheeler. (Uholik, Brian)
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Wednesday, August 05, 2020
8 8 notice Notice of Appearance Wed 08/05 11:24 AM
NOTICE of Appearance by attorney David J Kaplan on behalf of Defendants United States Environmental Protection Agency, Andrew Wheeler. (Kaplan, David)
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Wednesday, July 01, 2020
7 7 misc RAJ-Standing Order Wed 07/01 1:07 PM
STANDING ORDER for Civil Cases Assigned to Judge Richard A. Jones. (VE)
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6 6 1 pgs order Order Reassigning Case Wed 07/01 12:53 PM
MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Richard A. Jones for all further proceedings as matter is related to 2:19-cv-0884-RAJ. By Traci Whiteley, Deputy Clerk, at the direction of Judge Theresa L Fricke. (TW)
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Friday, June 12, 2020
5 5 service Summons Issued Fri 06/12 11:50 AM
Summons(es) Electronically Issued as to defendant(s) All Defendants(SG)
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Att: 1 Summons,
Att: 2 Summons,
Att: 3 Summons
utility Add and Terminate Judges Fri 06/12 11:13 AM
Judge Theresa L Fricke added. (SG)
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Thursday, June 11, 2020
4 4 notice Notice of Related Case Thu 06/11 3:55 PM
NOTICE of Related Case(s) 2:19-cv-00884, by Plaintiffs Columbia Riverkeeper, Institute for Fisheries Resources, Makah Indian Tribe, Pacific Coast Federation of Fishermen's Associations, Puget Soundkeeper Alliance, RE Sources, Spokane Riverkeeper. (Ordonia, Marisa)
Related: [-]
3 3 discov Corporate Disclosure Statement Thu 06/11 3:54 PM
CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Columbia Riverkeeper, Institute for Fisheries Resources, Makah Indian Tribe, Pacific Coast Federation of Fishermen's Associations, Puget Soundkeeper Alliance, RE Sources, Spokane Riverkeeper (Ordonia, Marisa)
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2 2 misc Civil Cover Sheet Thu 06/11 3:52 PM
CIVIL COVER SHEET re1 Complaint,, ; filed by Plaintiffs Columbia Riverkeeper, Institute for Fisheries Resources, Makah Indian Tribe, Pacific Coast Federation of Fishermen's Associations, Puget Soundkeeper Alliance, RE Sources, Spokane Riverkeeper. (Ordonia, Marisa)
Related: [-]
1 1 cmp Complaint Thu 06/11 3:51 PM
COMPLAINT against defendant(s) United States Environmental Protection Agency, Andrew Wheeler Related [+], filed by Spokane Riverkeeper, Columbia Riverkeeper, Puget Soundkeeper Alliance, Institute for Fisheries Resources, Makah Indian Tribe, Pacific Coast Federation of Fishermen's Associations, RE Sources.(Ordonia, Marisa)
Related: [-] ceipt # AWAWDC-6396215
Att: 1 Summons Andrew Wheeler,
Att: 2 Summons United States Environmental Protection Agency,
Att: 3 Summons U.S. Attorney,
Att: 4 Summons U.S. Attorney General