State of North Dakota, et al v. Beverly Heydinger, et al

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OPINION FILED - THE COURT: James B. Loken, Diana E. Murphy and Steven M. Colloton AUTHORING JUDGE:James B. Loken (PUBLISHED), CONCUR BY: Diana E. Murphy and Steven M. Colloton [4412421] [14-2156, 14-2251]

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United States Court of Appeals For The Eighth Circuit Thomas F. Eagleton U.S. Courthouse 111 South 10th Street, Room 24.329 St. Louis, Missouri 63102 VOICE (314) 244-2400 FAX (314) 244-2780 www.ca8.uscourts.gov Michael E. Gans Clerk of Court June 15, 2016 West Publishing Opinions Clerk 610 Opperman Drive Building D D4-40 Eagan, MN 55123-0000 RE: 14-2156 State of North Dakota, et al v. Beverly Heydinger, et al 14-2251 State of North Dakota, et al v. Beverly Heydinger, et al Dear Sirs: A published opinion was filed today in the above cross-appeal. Counsel who presented argument on behalf of the appellants/cross-appellees was Alethea M. Huyser, AAG, of Saint Paul, MN. The following attorney also appeared on this brief; Michael Everson, AAG, of Saint Paul, MN. Counsel who presented argument on behalf of the appellees/cross-appellants was Thomas H. Boyd, of Minneapolis, MN. The following attorney also appeared on the appellee brief; Brent A. Lorentz, of Minneapolis, MN. The following attorneys appeared on amicus briefs in support of appellants: Mark N. Templeton of Chicago, IL, appeared on the brief of Steven Gaw and Steven Weissman. Gene Grace, American Wind Energy Association, of Washington, DC, and Rick Umoff, Solar Energy Industries Association, of Washington, DC, appeared on the brief of The American Wind Energy Association and Solar Energy Industries Association. Scott R. Strand of St. Paul, MN, appeared on the brief of Minnesota Center for Environmental Advocacy, Fresh Energy and The Izaak Walton League of America – Midwest Office. Joanne Spalding of San Francisco, CA, Sean H. Donahue of Washington, DC, Howard A. Lerner of Chicago, IL, Benjamin Longstreth of Washington, DC, and Graham G. McCahan and Vickie L. Patton of Boulder, CO appeared on the brief of Environmental Defense Fund, Environmental Law and Policy Center, Natural Resources Defense Counsel and Sierra Club. The following attorneys appeared on amicus briefs in support of appellees: Peter S. Glaser and Patrick F. Hofer appeared on the brief of American Coalition for Clean Coal Electricity and National Mining Association. Jonathan Wood of Sacramento, CA appeared on the brief of Pacific Legal Foundation and National Federation of Independent Business Small Business Legal Center. Steven J. Lechner and Maegan L. Woita of Lakewood, CO appeared on the brief of Montana Coal Council and Mountain States Legal Foundation. Kate Comerford Todd, Sheldon Gilbert, Roger R. Martella, Jr., Eric D. McArthur, Joshua J. Fougere, Maureen B. Appellate Case: 14-2156 Page: 1 Date Filed: 06/15/2016 Entry ID: 4412421 Soles, Richard Moskowitz, Linda E. Kelly, and Quentin Riegel of Washington, DC, and Benjamin L. Gerber of St. Paul, MN, appeared on the brief of Chamber of Commerce of the United States of America, The Minnesota Chamber of Commerce, The National Association of Manufacturers, and The American Fuel and Petrochemical Manufacturers. John M. Baker, Erin Sindberg Porter, and Karl C. Procaccini of Minneapolis, MN, and Douglas L. Healy of Springfield, MO, appeared on the brief of American Public Power Association, National Rural Electric Cooperative Association and Missouri Joint Municipal electric Utility Commission. The judge who heard the case in the district court was Honorable Susan Richard Nelson. The judgment of the district court was entered on April 18, 2014. If you have any questions concerning this case, please call this office. Michael E. Gans Clerk of Court MER Enclosure(s) cc: MO Lawyers Weekly District Court/Agency Case Number(s): 0:11-cv-03232-SRN Appellate Case: 14-2156 Page: 2 Date Filed: 06/15/2016 Entry ID: 4412421

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