Pebble Mine Partnership v. EPA (docket)

 Posted by on December 11, 2014
Dec 112014
 

U.S. District Court
District of Alaska (Anchorage)
CIVIL DOCKET FOR CASE #: 3:14-cv-00171-HRH

Pebble Limited Partnership v. Environmental Protection Agency et al
Assigned to: H. Russel Holland

Related Cases: 3:14-cv-00097-HRH
3:14-cv-00199-HRH

Cause: 05:551 Administrative Procedure Act

Date Filed: 09/03/2014
Jury Demand: None
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: U.S. Government Defendant
Plaintiff
Pebble Limited Partnership represented by Anthony Adrian Onorato
Fisher Broyles LLP
445 Park Avenue, Ninth Floor
New York, NY 10022
202-459-3599
Email: tony.onorato@fisherbroyles.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDMark Francis Murphy
Steptoe & Johnson LLP
1330 Connecticut Ave, NW
Washington, DC 20036
202-429-6433
Fax: 202-429-3902
Email: mmurphy@steptoe.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Roger W. Yoerges
Steptoe & Johnson LLP
1330 Connecticut Ave, NW
Washington, DC 20036
202-429-3000
Fax: 202-429-3902
Email: ryoerges@steptoe.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Thomas P. Amodio
Reeves Amodio LLC.
500 L Street, Suite 300
Anchorage, AK 99501
907-222-7100
Fax: 907-222-7199
Email: tom@reevesamodio.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Timothy A. Work
Steptoe & Johnson LLP
1330 Connecticut Ave, NW
Washington, DC 20036
202-429-8073
Fax: 202-429-3902
Email: twork@steptoe.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

V.
Defendant
Environmental Protection Agency represented by Brad P. Rosenberg
U.S. Department of Justice
Civil Division, Federal Programs Branch
PO Box 883
Washington, DC 20044
202-514-3374
Fax: 202-616-8460
Email: brad.rosenberg@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard L. Pomeroy
U.S. Attorney's Office (Anch)
222 West 7th Avenue, #9
Anchorage, AK 99513
907-271-5071
Fax: 907-271-2344
Email: richard.pomeroy@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robin F. Thurston
U.S. Department of Justice
Civil Division, Federal Programs Branch
PO Box 883
Washington, DC 20044
202-616-8188
Fax: 202-616-8460
Email: robin.f.thurston@usdoj.gov
ATTORNEY TO BE NOTICED

Defendant
Gina McCarthy
in her official capacity as Administrator of the Environmental Protection Agency
represented by Brad P. Rosenberg
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard L. Pomeroy
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robin F. Thurston
(See above for address)
ATTORNEY TO BE NOTICED

Movant
Nunamta Aulukestai
TERMINATED: 11/19/2014
represented by Valerie L. Brown
Trustees for Alaska
1026 W. 4th Avenue Suite 201
Anchorage, AK 99501
907-276-4244
Fax: 907-276-7110
Email: vbrown@trustees.org
TERMINATED: 11/19/2014
LEAD ATTORNEY
Movant
Bristol Bay Native Corporation
TERMINATED: 11/19/2014
represented by Valerie L. Brown
(See above for address)
TERMINATED: 11/19/2014
LEAD ATTORNEY

 

Date Filed # Docket Text
12/08/2014 93 NOTICE of Appearance by Richard L. Pomeroy on behalf of Environmental Protection Agency, Gina McCarthy (Pomeroy, Richard) (Entered: 12/08/2014)
12/04/2014 92 ORDER re 91 Status Report: pending Motion to Dismiss at dkt 69 is w/d w/o prej; 1st amended cmplt due 12/19/14; defs' mot to dismiss due 1/23/15; oppo to mot to dismiss due 2/17/15; reply due 3/6/15; defs must stop all work re 404(c) proceeding; defs may file memo re issue of security (Rule 65(c)) by 12/11/14; plf's response due 12/18/14. Signed by Judge H. Russel Holland on 12/4/14. (PRR, COURT STAFF) (Entered: 12/04/2014)
12/03/2014 91 STATUS REPORT (Joint) by Environmental Protection Agency, Gina McCarthy. (Attachments: # 1 Proposed Order)(Rosenberg, Brad) (Entered: 12/03/2014)
11/25/2014 90 ORDER granting 7 Motion for Preliminary Injunction. Signed by Judge H. Russel Holland on 11/25/14. (CLW, COURT STAFF) (Entered: 11/25/2014)
11/24/2014 89 Minute Entry for proceedings held before Judge H. Russel Holland: Hearing on Motion for Preliminary Injunction 7 held on 11/24/2014. RE 7 MOTION for Preliminary Injunction filed by Pebble Limited Partnership; GRANTED, written order to issue. Court ordered plaintiff to file and Amended Complaint as soon as possible. Parties to file status report re how the parties wish to proceed by 12/3/2014. (NXL, COURT STAFF) Modified on 12/2/2014 to create relationship to document #69 (PRR, COURT STAFF). (Entered: 11/24/2014)
11/19/2014 88 Notice to Counsel re 82 Reply to Response to Motion filed by Pebble Limited Partnership. A review of the document submitted at dkt 82 confirms that it is over 25 pages in length. If a CHAMBERS copy of the document has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 10.1(b) and the Administrative Policies and Procedures, you are required to provide the court with a CHAMBERS copy of your filing at dkt 82. The CHAMBERS copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page. (CLW, COURT STAFF) (Entered: 11/20/2014)
11/19/2014 87 DECLARATION of Anthony A. Onorato re 82 Reply to Response to Motion by Pebble Limited Partnership. (Amodio, Thomas) Modified on 11/20/2014 to Create relationship to document #7 (BJK, COURT STAFF). (Entered: 11/19/2014)
11/19/2014 86 DECLARATION of Ronald W. Thiessen re 82 Reply to Response to Motion by Pebble Limited Partnership. (Amodio, Thomas) Modified on 11/20/2014 to Create relationship to document #7 (BJK, COURT STAFF). (Entered: 11/19/2014)
11/19/2014 85 DECLARATION of John Shively re 82 Reply to Response to Motion by Pebble Limited Partnership. (Amodio, Thomas) Modified on 11/20/2014 to Create relationship to document #7 (BJK, COURT STAFF). (Entered: 11/19/2014)
11/19/2014 84 DECLARATION of Bruce W. Jenkins re 82 Reply to Response to Motion by Pebble Limited Partnership. (Amodio, Thomas) Modified on 11/20/2014 to Create relationship to document #7 (BJK, COURT STAFF). (Entered: 11/19/2014)
11/19/2014 83 DECLARATION of Trefon Angasan re 82 Reply to Response to Motion by Pebble Limited Partnership. (Amodio, Thomas) Modified on 11/20/2014 to Create relationship to document #7 (BJK, COURT STAFF). (Entered: 11/19/2014)
11/19/2014 82 REPLY to Response to Motion re 7 MOTION for Preliminary Injunction filed by Pebble Limited Partnership. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Amodio, Thomas) (Entered: 11/19/2014)
11/19/2014 81 Order from Chambers re the hearing on Plaintiff's Motion for Preliminary Injunction set for 11/24/14, the court will schedule one hour and 30 minutes per side. (CLW, COURT STAFF) (Entered: 11/19/2014)
11/19/2014 80 ORDER denying 76 Motion for Leave to Participate as amici curaie. (CLW, COURT STAFF) (Entered: 11/19/2014)
11/18/2014 79 RESPONSE in Opposition re 76 MOTION for Leave to File Amicus Brief filed by Pebble Limited Partnership. (Attachments: # 1 Proposed Order)(Amodio, Thomas) (Entered: 11/18/2014)
11/17/2014 78 ORDER From Chambers granting 77 Motion for Leave to File Excess Pages. Plaintiff may file a reply brief, not to exceed 30 pages, on or before 11/19/14. (CLW, COURT STAFF) (Entered: 11/17/2014)
11/14/2014 77 MOTION for Leave to File Excess Pages UNOPPOSED by Pebble Limited Partnership. (Attachments: # 1 Proposed Order)(Amodio, Thomas) Modified on 11/14/2014 to create relationship to document #7 (PRR, COURT STAFF). (Entered: 11/14/2014)
11/12/2014 Docket Annotation re 76 Motion to Participate as Amici Curiae: The parties are advised that the role of the proposed Amici Curiae has been changed from Amici Curiae to Movant until the Motion to Participate has been decided. (BJK, COURT STAFF) (Entered: 11/14/2014)
11/12/2014 76 MOTION for Leave to File Amicus Brief by Nunamta Aulukestai, Bristol Bay Native Corporation. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Brown, Valerie) (Entered: 11/12/2014)
11/10/2014 75 NOTICE of Change of Address by Mark Francis Murphy (Murphy, Mark) (Entered: 11/10/2014)
11/07/2014 74 DECLARATION of Jeffrey Frithsen re 71 Response in Opposition to Motion by Environmental Protection Agency, Gina McCarthy. (Rosenberg, Brad) (Entered: 11/07/2014)
11/07/2014 73 DECLARATION of Tami Fordham re 71 Response in Opposition to Motion by Environmental Protection Agency, Gina McCarthy. (Rosenberg, Brad) (Entered: 11/07/2014)
11/07/2014 72 DECLARATION of Richard B. Parkin re 71 Response in Opposition to Motion by Environmental Protection Agency, Gina McCarthy. (Rosenberg, Brad) (Entered: 11/07/2014)
11/07/2014 71 RESPONSE in Opposition re 7 MOTION for Preliminary Injunction filed by Environmental Protection Agency, Gina McCarthy. (Attachments: # 1 Proposed Order)(Rosenberg, Brad) (Entered: 11/07/2014)
11/07/2014 70 Memorandum in Support re 69 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Environmental Protection Agency, Gina McCarthy. (Rosenberg, Brad) Modified on 11/10/2014 to correct dkt txt (CLW, COURT STAFF). (Entered: 11/07/2014)
11/07/2014 69 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Environmental Protection Agency, Gina McCarthy. (Attachments: # 1 Proposed Order)(Rosenberg, Brad) (Entered: 11/07/2014)
11/06/2014 68 ORDER granting 67 Motion for Leave to File Consolidated Brief of 50 Pages. (CLW, COURT STAFF) (Entered: 11/06/2014)
11/05/2014 67 MOTION for Leave to File Excess Pages (Unopposed) by Environmental Protection Agency, Gina McCarthy. (Attachments: # 1 Proposed Order)(Rosenberg, Brad) (Entered: 11/05/2014)
10/31/2014 66 NOTICE of Appearance by Robin F. Thurston on behalf of All Defendants (Thurston, Robin) (Entered: 10/31/2014)
10/31/2014 65 ORDER denying 58 Motion for Expedited Discovery. Signed by Judge H. Russel Holland on 10/31/14. (PRR, COURT STAFF) (Entered: 10/31/2014)
10/29/2014 64 REPLY to Response to Motion re 59 MOTION to Expedite Plaintiff's Motion for Expedited Discovery filed by Pebble Limited Partnership. (Amodio, Thomas) (Entered: 10/29/2014)
10/28/2014 63 RESPONSE in Opposition re 58 MOTION for Discovery Expedited Motion for Expedited Discovery filed by Environmental Protection Agency, Gina McCarthy. (Attachments: # 1 Proposed Order)(Rosenberg, Brad) (Entered: 10/28/2014)
10/24/2014 62 ORDER that plf, ASAP, provide crt w/separate packages of docs (numbered exhs) for each of the paragraphs referenced in each of the alleged "ways" for each of the 3 alleged FACs. (PRR, COURT STAFF) (Entered: 10/24/2014)
10/23/2014 61 ORDER granting 59 Motion for Expedited Consideration of the Motion for Expedited Discovery; defs to respond to plf's mot for expedited disc by noon on 10/28/14; crt to enter ord no later than 10/31/14. (PRR, COURT STAFF) Modified on 10/23/2014 to create relationship to document #58 (PRR, COURT STAFF). (Entered: 10/23/2014)
10/22/2014 60 DECLARATION of Roger W. Yoerges re 59 MOTION to Expedite Plaintiff's Motion for Expedited Discovery by Pebble Limited Partnership. (Amodio, Thomas) Modified on 10/22/2014 to create relationship to document #58 (PRR, COURT STAFF). (Entered: 10/22/2014)
10/22/2014 59 MOTION to Expedite Plaintiff's Motion for Expedited Discovery by Pebble Limited Partnership. (Attachments: # 1 Proposed Order)(Amodio, Thomas) Modified on 10/22/2014 to create relationship to document #58 (PRR, COURT STAFF). (Entered: 10/22/2014)
10/22/2014 58 MOTION for Discovery Expedited Motion for Expedited Discovery by Pebble Limited Partnership. (Attachments: # 1 Proposed Order, # 2 Exhibit Exhibit A (Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6)))(Amodio, Thomas) (Entered: 10/22/2014)
09/30/2014 57 REVISED SCHEDULING ORDER: defs' oppo to 7 MOTION for Preliminary Injunctiondue 11/7/14; plf's reply due 11/19/14; hrg on MOTION for Preliminary Injunction set for 11/24/2014 at 09:00 AM in Anchorage Courtroom 1 before H. Russel Holland. Signed by Judge H. Russel Holland on 9/30/14. (PRR, COURT STAFF) (Entered: 09/30/2014)
09/26/2014 56 NOTICE Of Proposed Changes Requested by the Parties Relating to Order on Proceedings on Motion for Preliminary Injunction (Docket No. 50) by Pebble Limited Partnership re 50 Order, (Attachments: # 1 Proposed Order)(Amodio, Thomas) (Entered: 09/26/2014)
09/25/2014 55 NOTICE of Filing Exhibit 207 Part 2 of 2 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Amodio, Thomas) (Entered: 09/25/2014)
09/25/2014 54 NOTICE of Filing Exhibit 207 Part 1 of 2 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Amodio, Thomas) (Entered: 09/25/2014)
09/25/2014 53 NOTICE of Filing Exhibit 204, Part 2 of 2 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Amodio, Thomas) (Entered: 09/25/2014)
09/25/2014 52 NOTICE Of Filing Exhibit 204 Part 1 of 2 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Amodio, Thomas) (Entered: 09/25/2014)
09/25/2014 51 NOTICE of Filing Exhibit 203 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit, # 2 Exhibit)(Amodio, Thomas) (Entered: 09/25/2014)
09/24/2014 50 ORDER re 48 STIPULATION re proposed brfing sched as to 7 MOTION for Preliminary Injunction; parties to confer & advise the crt by 9/29/14 re brfing; 9/26/14 case status conf vacated. Signed by Judge H. Russel Holland on 9/24/14. (PRR, COURT STAFF) (Entered: 09/24/2014)
09/23/2014 49 NOTICE OF LODGING by Pebble Limited Partnership re 48 Proposed STIPULATION (Attachments: # 1 Proposed Order)(Murphy, Mark) (Entered: 09/23/2014)
09/23/2014 Docket Annotation re 48 STIPULATION: The parties are advised that the proposed order that was submitted contained the judicial officer's s/signature on the signature line. Counsel for Pebble Limited Partnership should submit a prepared Notice of Lodging and attach an UNSIGNED proposed order to the notice. The Notice of Lodging should be linked to the Stipulation. Counsel for Pebble Limited Partnership are reminded of the requirement to submit an UNSIGNED Word or WordPerfect proposed order to the judicial officer's proposed order e-mail address. (PRR, COURT STAFF) (Entered: 09/23/2014)
09/23/2014 48 STIPULATION by Pebble Limited Partnership. (Attachments: # 1 Proposed Order)(Amodio, Thomas) Modified on 9/23/2014 to clarify text and reflect error; see 9/23/14 Docket Annotation below. (PRR, COURT STAFF). (Entered: 09/23/2014)
09/22/2014 47 ORDER granting 45 Motion for Reconsideration re 7 MOTION for Preliminary Injunction; ddln for responding to mot at dkt 7 vacated; 9/26/14 hearing on mot at dkt 7 vacated; case stat hrg set for 1:30 p.m. on 9/26/14 in Anchorage courtroom 2 before H. Russel Holland; telephonic participation is authorized. Signed by Judge H. Russel Holland on 9/22/14. (PRR, COURT STAFF) (Entered: 09/22/2014)
09/22/2014 46 RESPONSE in Opposition re 45 MOTION for Reconsideration re 43 Order on Motion to Expedite, filed by Pebble Limited Partnership. (Murphy, Mark) (Entered: 09/22/2014)
09/19/2014 45 MOTION for Reconsideration re 43 Order on Motion to Expedite, by Environmental Protection Agency, Gina McCarthy. (Attachments: # 1 Exhibit A: Federal Register Notice, # 2 Exhibit B: February 28, 2014 Letter, # 3 Exhibit C: March 13, 2014 Letter, # 4 Proposed Order)(Rosenberg, Brad) (Entered: 09/19/2014)
09/19/2014 44 ORDER denying 35 Motion for Leave to File Exhibits in Hard Copy; exhs to be fld employing usual CM/ECF procedures; plf to contact help desk for assistance; plf to provide crt w/hard copy of exhs 203, 204 and 207 for its internal use. Signed by Judge H. Russel Holland on 9/19/14. (PRR, COURT STAFF) (Entered: 09/19/2014)
09/19/2014 43 ORDER granting 28 expedited consideration of mot for PI; defs' response to mot for PI due 9/24/14; o/a on mot for PI set 9/26/14 at 1:30 p.m. in Anchorage Courtroom 2 before H. Russel Holland; 15 min per side. Signed by Judge H. Russel Holland on 9/19/14. cc: K. Loeffler (PRR, COURT STAFF) Modified on 9/22/2014 TO Create relationship to document #7 (PRR, COURT STAFF). (Entered: 09/19/2014)
09/18/2014 42 CLERK'S NOTICE re 33 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Anthony A. Onorato, at docket 33 , is authorized under D.Ak. LR 83.1(d). (PRR, COURT STAFF) (Entered: 09/18/2014)
09/18/2014 41 CLERK'S NOTICE re 32 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Roger W. Yoerges, at docket 32 , is authorized under D.Ak. LR 83.1(d). (PRR, COURT STAFF) (Entered: 09/18/2014)
09/18/2014 40 CLERK'S NOTICE re 31 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Timothy A. Work, at docket 31 , is authorized under D.Ak. LR 83.1(d). (PRR, COURT STAFF) (Entered: 09/18/2014)
09/18/2014 39 CLERK'S NOTICE re 30 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Mark Murphy, at docket 30 , is authorized under D.Ak. LR 83.1(d). (PRR, COURT STAFF) (Entered: 09/18/2014)
09/17/2014 38 CERTIFICATE OF SERVICE by Pebble Limited Partnership re 13 Additional Related Document, 23 Additional Related Document, 22 Additional Related Document, 10 Additional Related Document, 29 Declaration, 12 Additional Related Document, 24 Additional Related Document, 21 Additional Related Document, 19 Additional Related Document, 25 Additional Related Document, 35 MOTION for Leave to File Exhibits in Hard Copy Pursuant to D. Ak. LR 7.1(a)(4)(B), 28 MOTION to Expedite Consideration of Motion for Preliminary Injunction (Doc. No. 7), 26 Additional Related Document, 9 Additional Related Document, 11 Additional Related Document, 14 Additional Related Document, 7 MOTION for Preliminary Injunction , 17 Additional Related Document, 8 Declaration, 18 Additional Related Document, 15 Additional Related Document, 20 Additional Related Document, 27 Additional Related Document, 16 Additional Related Document Amended Certificate of Service (Amodio, Thomas) (Entered: 09/17/2014)
09/17/2014 37 Receipt of $600.00 non-resident attorney payment for Mark Murphy, Timothy A. Work, Roger W. Yoerges and Anthony A. Onorato as to Plaintiff Pebble Limited Partnership. re 31 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Timothy A. Work, 32 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Roger W. Yoerges, 30 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Mark Murphy, 33 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Anthony A. Onorato. (TYM, COURT STAFF) (Entered: 09/17/2014)
09/17/2014 36 MOTION for Hearing re 7 MOTION for Preliminary Injunction Request for Oral Argument Pursuant to D. Ak. LR 7.2(a) by Pebble Limited Partnership. (Attachments: # 1 Proposed Order)(Amodio, Thomas) (Entered: 09/17/2014)
09/16/2014 35 MOTION for Leave to File Exhibits in Hard Copy Pursuant to D. Ak. LR 7.1(a)(4)(B) by Pebble Limited Partnership. (Attachments: # 1 Proposed Order)(Amodio, Thomas) (Entered: 09/16/2014)
09/16/2014 34 CERTIFICATE OF SERVICE by Pebble Limited Partnership re 13 Additional Related Document, 23 Additional Related Document, 22 Additional Related Document, 10 Additional Related Document, 12 Additional Related Document, 24 Additional Related Document, 21 Additional Related Document, 19 Additional Related Document, 25 Additional Related Document, 26 Additional Related Document, 9 Additional Related Document, 11 Additional Related Document, 14 Additional Related Document, 17 Additional Related Document, 18 Additional Related Document, 15 Additional Related Document, 20 Additional Related Document, 27 Additional Related Document, 16 Additional Related Document (Amodio, Thomas) (Entered: 09/16/2014)
09/16/2014 33 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Anthony A. Onorato by Pebble Limited Partnership. (Attachments: # 1 Supplement, # 2 Supplement)(Amodio, Thomas) (Entered: 09/16/2014)
09/16/2014 32 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Roger W. Yoerges by Pebble Limited Partnership. (Attachments: # 1 Supplement, # 2 Supplement)(Amodio, Thomas) (Entered: 09/16/2014)
09/16/2014 31 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Timothy A. Work by Pebble Limited Partnership. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement)(Amodio, Thomas) (Entered: 09/16/2014)
09/16/2014 30 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Mark Murphy by Pebble Limited Partnership. (Attachments: # 1 Supplement, # 2 Supplement)(Amodio, Thomas) (Entered: 09/16/2014)
09/16/2014 Docket Annotation: A review of docket 28 indicates that it was filed on shortened time. Counsel did not contact the Clerk's Office as required by D.Ak. LR 5.3(e)(3)[B]. Counsel will comply with the Local Rules in the future. The Judicial Officer has been notified of the filing at docket 28 . (PRR, COURT STAFF) (Entered: 09/16/2014)
09/15/2014 29 DECLARATION of Roger W. Yoerges re 28 MOTION to Expedite Consideration of Motion for Preliminary Injunction (Doc. No. 7) by Pebble Limited Partnership. (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 28 MOTION to Expedite Consideration of Motion for Preliminary Injunction (Doc. No. 7) by Pebble Limited Partnership. (Attachments: # 1 Proposed Order)(Amodio, Thomas) Modified on 9/16/2014 to create relationship to document #7 (PRR, COURT STAFF). (Entered: 09/15/2014)
09/15/2014 27 ADDITIONAL RELATED DOCUMENT Exhibits 193-210 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 26 ADDITIONAL RELATED DOCUMENT Exhibits 162-192 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 25 ADDITIONAL RELATED DOCUMENT Exhibit 161 Part 5 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 24 ADDITIONAL RELATED DOCUMENT Exhibit 161 Part 4 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 23 ADDITIONAL RELATED DOCUMENT Exhibit 161 Part 3 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 22 ADDITIONAL RELATED DOCUMENT Exhibit 161 Part 2 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 21 ADDITIONAL RELATED DOCUMENT Exhibit 161 Part 1 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 20 ADDITIONAL RELATED DOCUMENT Exhibits 140-160 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 19 ADDITIONAL RELATED DOCUMENT Exhibit 139 Part 3 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 18 ADDITIONAL RELATED DOCUMENT Exhibit 139 Part 2 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 17 ADDITIONAL RELATED DOCUMENT Exhibit 139 Part 1 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 16 ADDITIONAL RELATED DOCUMENT Exhibit 138 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 15 ADDITIONAL RELATED DOCUMENT Exhibits 112-137 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 14 ADDITIONAL RELATED DOCUMENT Exhibits 78-111 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 13 ADDITIONAL RELATED DOCUMENT Exhibits 55-77 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 12 ADDITIONAL RELATED DOCUMENT Exhibit 54 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 11 ADDITIONAL RELATED DOCUMENT Exhibits 30-53 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 10 ADDITIONAL RELATED DOCUMENT Exhibits 29A-C by Pebble Limited Partnership re 7 Additional Related Document. (Amodio, Thomas) Modified on 9/16/2014 to create relationship to document #7 and remove relationship to document #9. (PRR, COURT STAFF). (Entered: 09/15/2014)
09/15/2014 9 ADDITIONAL RELATED DOCUMENT Exhibits 1-28 by Pebble Limited Partnership re 7 MOTION for Preliminary Injunction . (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 8 DECLARATION of Andrew Sloniewsky re 7 MOTION for Preliminary Injunction by Pebble Limited Partnership. (Amodio, Thomas) (Entered: 09/15/2014)
09/15/2014 7 MOTION for Preliminary Injunction by Pebble Limited Partnership. (Attachments: # 1 Proposed Order, # 2 Exhibit Attachment 1 - Exhibit Conversion Table, # 3 Exhibit Attachment 2 - Exhibit Conversion Table)(Amodio, Thomas) (Entered: 09/15/2014)
09/04/2014 6 TMB ORDER: By agreement of the judges, the above referenced case is hereby reassigned to the Honorable H. Russel Holland for all further proceedings. Please use the following case number on all future filings: 3:14-cv-00171-HRH. (RMC, COURT STAFF) (Entered: 09/04/2014)
09/04/2014 4 NOTICE of Related Case by Pebble Limited Partnership (Amodio, Thomas) (Entered: 09/04/2014)
09/04/2014 3 Corporate Disclosure Statement by Pebble Limited Partnership. (Amodio, Thomas) (Entered: 09/04/2014)
09/03/2014 Summons Issued as to Environmental Protection Agency and Gina McCarthy. (TYM, COURT STAFF) (Entered: 09/04/2014)
09/03/2014 5 Unissued summons re Defendant EPA, (Attachments: # 1 Unissued Summons re Defendant McCarthy)(TYM, COURT STAFF) (Entered: 09/04/2014)
09/03/2014 2 Civil Cover Sheet. (TYM, COURT STAFF) (Entered: 09/03/2014)
09/03/2014 1 COMPLAINT against Environmental Protection Agency, Gina McCarthy (Filing fee $400, Receipt No. ANC009466), filed by Pebble Limited Partnership.(TYM, COURT STAFF) (Entered: 09/03/2014)
Dec 112014
 

Updated 12/14/14

EPA has been barred from doing any work on its potential veto of a permit for a controversial gold mine in Bristol Bay, Alaska.

"[D]efendants must stop all work connected to the 404(c) proceeding. Defendants may not engage in any activities related to the 404(c) process," U.S. District Judge H. Russel Holland said in a Dec. 4 ruling. That order followed his issuance of a preliminary injunction Nov. 25 that said basically the same thing:

Defendants Environmental Protection Agency and Gina McCarthy, in her official capacity as Administrator of the Environmental Protection Agency, and those parties’ officers, agents, servants, employees, and attorneys, as well as other persons who are in active concert or participation with the foregoing, are enjoined and restrained from taking any action in furtherance of a decision to veto a possible Pebble (Bristol Bay area) mine project pursuant to Section 404(c) of the Clean Water Act until after the court has ruled on the merits of plaintiff’s complaint. More particularly, defendants and the regional administrator for EPA Region 10 shall not issue any recommendation on a pending proposed determination regarding the Pebble Mine project until after the court has ruled on the merits of plaintiff’s complaint.

"Based upon extant case law, the court concludes that plaintiff will have no remedy for claimed Federal Advisory Committee Act (FACA) violations and will therefore suffer irreparable harm if it is not permitted to litigate its FACA claims prior to final agency action on the pending Section 404(c) proceedings," the judge said Nov. 25.

EPA can file a brief by today on the issue of security, if it so desires, the judge said in his Dec. 4 clarification. (Update 12/14: The agency did not, according to the docket.)

The partnership proposing the mine has alleged that EPA violated the Federal Advisory Committee Act by reaching a predetermined conclusion on the veto.

The Pebble Limited Partnership "has raised concerns regarding FACA violations--including that EPA secretly colluded with environmental activists to bring about a predetermined result before undertaking any scientific inquiry--entirely based on the select documents that EPA has disclosed in response to Freedom of Information Act requests," Northern Dynasty Minerals said in a statement following the judge's Nov. 25 ruling.

The case is Pebble Mine Partnership v. EPA (14-171-HRH, D. Alaska). More links on Holland are here. Scroll down for the injunction and, after that, some more links, including Northern Dynasty Minerals' statement.

Links

News coverage (Google) and from mining.com

Bristol Bay (EPA information)

Pebble Partnership

Save Bristol Bay website

Previous coverage: July 21, Feb. 28 and Jan. 15