PSR, et al v. EPA

Filing 1

FILED PETITION FOR REVIEW. DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. NOTIFIED RESPONDENTS OF FILING. Petitioner brief due 03/23/2012 for Communities for a Better Environment, Natural Resources Defense Council, Inc. and Physicians for Social Responsibility. Respondent brief due 04/23/2012 for United States Environmental Protection Agency. Petitioner's optional reply brief is due 14 days after service of the answering brief. (MQ and corporate disclosure statement within petition). [8018012] (HC)

UNITED STATES COURT OF APPEALS for the NINTH CIRCUIT
Office of the Clerk
After Opening a Case – Counseled Non-Immigration Agency Cases
(revised November 2011)
Court Address – San Francisco Headquarters
Mailing Address for
U.S. Postal Service

Mailing Address for
Overnight Delivery
(FedEx, UPS, etc.)

Street Address

Office of the Clerk
James R. Browning
Courthouse
U.S. Court of Appeals
P.O. Box 193939
San Francisco, CA
94119-3939

Office of the Clerk
James R. Browning
Courthouse
U.S. Court of Appeals
95 Seventh Street
San Francisco, CA
94103-1526

95 Seventh Street
San Francisco, CA
94103

Court Addresses – Divisional Courthouses
Pasadena

Portland

Richard H. Chambers
Pioneer Courthouse
Courthouse
700 SW 6th Ave, Ste 110
125 South Grand Avenue Portland, OR 97204
Pasadena, CA 91105

Seattle
William K. Nakamura
Courthouse
1010 Fifth Avenue
Seattle, WA 98104

Court Website – www.ca9.uscourts.gov
The Court’s website contains the Court’s Rules and General Orders, information
about electronic filing of documents, answers to frequently asked questions,
directions to the courthouses, forms necessary to gain admission to the bar of the
Court, opinions and memoranda, recordings of oral arguments, links to practice
manuals, and an invitation to join our Pro Bono Program.

Court Phone List
Main Phone Number. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
14-day Telephone Extension for Briefs . . . . . . . . . . . . . . . . . . . [phone]
Attorney Admissions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Calendar Unit.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Docketing.. . . . . . . . . . . . . . . . . . . . . . . . . . [phone] or [phone]
Death Penalty.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Electronic Filing – Appellate ECF. . . . . . . . . . . . . . . . . . . . . . . . Send email to
[e-mail]
Library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Mediation Unit.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Motions Attorney Unit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Procedural Motions Unit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Records Unit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Divisional Court Offices:
Pasadena.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Portland. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]
Seattle.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [phone]

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Electronic Filing - Appellate ECF
The Ninth Circuit’s Appellate ECF (Electronic Case Files) system is mandatory
for all attorneys filing in this Court, unless they are granted an exemption. All
non-exempted attorneys who appear in an ongoing case are required to register for
and to use the Appellate ECF system. Registration and information about ECF is
available on the Court’s website at www.ca9.uscourts.gov under Electronic
Filing–ECF. Read the Circuit Rules, especially Ninth Circuit Rule 25-5, for
guidance on Appellate ECF, including which documents can and cannot be filed
electronically.
Rules of Practice
The Federal Rules of Appellate Procedure (Fed. R. App. P.), the Ninth Circuit
Rules (9th Cir. R.) and the General Orders govern practice before this Court. The
rules are available on the Court’s website at www.ca9.uscourts.gov under Rules.
Practice Resources
The Court has prepared a practice guide video entitled Perfecting Your Appeal.
The video may be viewed for free on the Court’s website at www.ca9.uscourts.gov
under FAQs, Forms and Instructions -> Guides and Legal Outlines, and may be
purchased through the Clerk’s office in San Francisco for $15.00. Continuing
legal education credit for viewing this videotape is available in most jurisdictions.
Admission to the Bar of the Ninth Circuit
All attorneys practicing before the Court must be admitted to the Bar of the Ninth
Circuit. Fed. R. App. P. 46(a); 9th Cir. R. 46-1.1 & 46-1.2.
To apply for admission, obtain an application (on the Court’s website at
www.ca9.uscourts.gov under Forms or by calling [phone]) and submit it to
the Clerk’s Office in San Francisco with the admission fee of $230.00. Your
check or money order must be included with the application. If you are registered
for the 9th Circuit's Appellate ECF system, you may upload your application via
ECF and pay with a credit card by logging into Appellate ECF and clicking on
Utilities > Attorney Admission.
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Notice of Change of Address
Counsel who are registered for Appellate ECF must update their personal
information, including street addresses and/or email addresses, online at:
https://pacer.psc.uscourts.gov/psco/cgi-bin/cmecf/ea-login.pl 9th Cir. R. 46-3.
Counsel who have been granted an exemption from using Appellate ECF must file
a written change of address with the Court. 9th Cir. R. 46-3.
Payment of Fees
The $450.00 filing fee or a motion to proceed in forma pauperis shall accompany
the petition for review. 9th Cir. R. 3-1.
A motion to proceed in forma pauperis must be supported by the affidavit of
indigency found at Form 4 of the Federal Rules of Appellate Procedure, available
at the Court’s website, www.ca9.uscourts.gov, under Forms.
Failure to satisfy the fee requirement or to apply to proceed without payment of
fees will result in the petition’s dismissal. 9th Cir. R. 42-1.
Motions Practice
Following are some of the basic points of motion practice, governed by Fed. R.
App. P. 27 and 9th Cir. R. 27-1 through 27-13.
•
•
•
•

•

Neither a notice of motion nor a proposed order is required. Fed. R. App. P.
27(a)(2)(C)(ii), (iii).
Motions may be supported by an affidavit or declaration. 28 U.S.C. § 1746.
Each motion should provide the position of the opposing party. Circuit
Advisory Committee Note to Rule 27-1(5); 9th Cir. R. 31-2.2(b)(6).
A response to a motion is due 10 days from the service of the motion. Fed.
R. App. P. 27(a)(3)(A). The reply is due 7 days from service of the
response. Fed. R. App. P. 27(a)(4); Fed. R. App. P. 26(c).
A response requesting affirmative relief and/or relief by a date certain must
include that request in the caption. Fed. R. App. P. 27(a)(3)(B).

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•

A motion filed after a case has been scheduled for oral argument, has been
argued, is under submission or has been decided by a panel, must include on
the initial page and/or cover the date of argument, submission or decision
and, if known, the names of the judges on the panel. 9th Cir. R. 25-4.

Emergency or Urgent Motions
All emergency and urgent motions must conform with the provisions of 9th Cir. R.
27-3. Note that a motion requesting procedural relief (e.g., an extension of time to
file a brief) is not the type of matter contemplated by 9th Cir. R. 27-3. Circuit
Advisory Committee Note to 27-3(3).
Prior to filing an emergency motion, the moving party must contact an attorney in
the Motions Unit in San Francisco at [phone].
When it is absolutely necessary to notify the Court of an emergency outside of
standard office hours, the moving party shall call [phone]. Keep in mind
that this line is for true emergencies that cannot wait until the next business day
(e.g., an imminent execution or removal from the United States).
Briefing Schedule
The Court sets the briefing schedule at the time the petition for review is docketed.
Certain motions (e.g., a motion for dismissal) automatically stay the briefing
schedule. 9th Cir. R. 27-11.
The opening and answering brief due dates (and any other deadline set for a
date certain by the Court) are not subject to the additional time described in Fed.
R. App. P. 26(c). The early filing of petitioner’s opening brief does not advance
the due date for respondent’s answering brief. 9th Cir. R. 31-2.1.
Extensions of Time to file a Brief
A party may seek either an oral or written extension of time.
Oral Extension
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If good cause is shown, the clerk may grant a single extension of no more than 14
days to file an opening, answering or reply brief. 9th Cir. R. 31-2.2(a). You must
inform opposing counsel of your plan to request an extension of time before
contacting the clerk. If an oral extension is granted, the moving party will not
receive any further extensions of time unless the moving party can demonstrate
extraordinary circumstances. You may apply for an oral extension by calling
[phone].
Written Extension
Requests for extensions of more than 14 days will be granted only upon a written
motion supported by a showing of diligence and substantial need. This motion
shall be filed at least 7 days before the due date for the brief. The motion shall be
accompanied by an affidavit or declaration that includes all of the information
listed at 9th Cir. R. 31-2.2(b).
The Court will ordinarily adjust the schedule in response to an initial motion.
Circuit Advisory Committee Note to Rule 31-2.2. The Court expects that the brief
will be filed within the requested period of time. Id.
Contents of Briefs and Record
The required components of a brief are set out at Fed. R. App. P. 28 and 32, and
9th Cir. R. 28-2, 32-1 and 32-2.
The content and filing of the record are governed by Fed. R. App. P. 16 and 17. If
respondent does not file the record or certified list by the specified date, petitioner
may move to amend the briefing schedule.
Excerpts of Record
The Court requires excerpts of record rather than an appendix. 9th Cir. R. 17-1.1.
Petitioner shall file 4 separately-bound excerpts of record with white covers at the
time the Opening Brief is filed, and shall serve one copy on each party. 9th Cir. R.
17-1.3. Please review 9th Cir. R. 17-1.3 through 17-1.6 to see a list of the specific
contents and format.
For excerpts that exceed 75 pages, the first volume must comply with 9th Cir. R.
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17-1.6 and 30-1.6(a). Excerpts exceeding 300 pages must be filed in multiple
volumes. 9th Cir. R. 30-1.6(b).
Respondent may file supplemental excerpts and petitioner may file further
excerpts. 9th Cir. R. 17-1.7; 17-1.8; 30-1.7 and 30-1.8. If you are a respondent
responding to a pro se brief that did not come with excerpts, then your excerpts
need only include the contents set out at 9th Cir. R. 30-1.7.
Mediation Program
Mediation Questionnaires are required in all counseled cases seeking review of an
agency decision except those cases seeking review of a Board of Immigration
Appeals decision. 9th Cir. R. 15-2.
The Mediation Questionnaire is available on the Court’s website at
www.ca9.uscourts.gov under Forms. The Mediation Questionnaire should be
filed within 7 days of the docketing of the Petition for Review. The Mediation
Questionnaire is used only to assess settlement potential.
If you are interested in requesting a conference with a mediator, you may call the
Mediation Unit at [phone], email [e-mail] or
make a written request to the Chief Circuit Mediator. You may request
conferences confidentially. More information about the Court’s mediation
program is available at http://www.ca9.uscourts.gov/mediation.
Oral Hearings
Notices of the oral hearing calendars are distributed approximately 4 to 5 weeks
before the hearing date. The Court sits monthly in San Francisco, Pasadena and
Seattle. The Court sits in Portland every other month, depending on caseload.
The Court also hears cases 3 times a year in Honolulu and once a year in
Anchorage.
The Court will change the date or location of an oral hearing only for good cause,
and requests to continue a hearing filed within 14 days of the hearing will be
granted only upon a showing of exceptional circumstances. 9th Cir. R. 34-2.

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Oral hearing will be conducted in all cases unless all members of the panel agree
that the decisional process would not be significantly aided by oral argument.
Fed. R. App. P. 34.

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