Dine Citizens Against Ruining Our Environment et al v. Office of Surface Mining Reclamation and Enforcement et al

Filing 52

Amended Joint Case Management Order for Petition for Review of Agency Action by Judge John L. Kane on 10/21/13. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.

1:12-cv-1275-JLK

DINÉ CITIZENS AGAINST RUINING OUR ENVIRONMENT;
SAN JUAN CITIZENS ALLIANCE;
SIERRA CLUB;
CENTER FOR BIOLOGICAL DIVERSITY; and
AMIGOS BRAVOS,
Petitioners,
v.
UNITED STATES OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT, an agency within the U.S. Department of the Interior;
SALLY JEWELL, in her official capacity as Secretary of the Interior;
AL KLEIN, in his official capacity as Regional Director of U.S. Office of Surface
Mining Reclamation and Enforcement, Western Region;
BOB POSTLE, in his official capacity as Manager of the Program Support Division for
the Western Region of the Office of Surface Mining Reclamation and Enforcement;
RICK WILLIAMSON, in his official capacity as Manager of the Indian Programs Branch
of the Western Region of the Office of Surface Mining Reclamation and Enforcement; &
MYCHAL YELLOWMAN, in his official capacity as Navajo Mine Team Leader in the
Office of Surface Mining Reclamation and Enforcement,
Respondents, and
BHP Navajo Coal Company, a Delaware Corporation,
Intervenor Respondent.
________________________________________________________________________
AMENDED JOINT CASE MANAGEMENT ORDER FOR PETITION FOR
REVIEW OF AGENCY ACTION
________________________________________________________________________

1. Appearances of Counsel
For Petitioners:

For Federal Respondents:

Shiloh Hernandez
Western Environmental Law Center
103 Reeder’s Alley
Helena, MT 59601
[phone]
[e-mail]

Peter J. McVeigh
U.S. Department of Justice
P.O. Box 7415
Ben Franklin Station
Washington, DC 20044-7415
[phone]
[e-mail]

For Intervenor BHP Navajo Coal Company:
Walter E. Stern
Maria O’Brien
Joan E. Drake
Deana M. Bennett
P.O. Box 2168
Bank of America Centre
500 Fourth Street NW, Suite 1000
Albuquerque, NM 87103-2168
[phone]
western@modrall

James Banks
Hogan Lovells US LLP
Columbia Square
555 Thirteenth Street, NW
Washington, DC 20004
[phone]

For Limited Intervenor Navajo Nation:
Brian L. Lewis
BIA Club Building
Post Office Box 2010
Window Rock, Navajo Nation (Arizona) 86515
[phone]
[e-mail]
2. Statement of Legal Basis for Subject Matter Jurisdiction
See Rec. Doc. 20 (Joint Case Management Plan).

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3. Dates of Filing of Relevant Pleadings
See Rec. Doc. 20.
4. Statement Regarding Whether This Case Raises Unusual Claims or Defenses
See Rec. Doc. 20.
5. Other Matters
See Rec. Doc. 20.
6. Proposed Briefing Schedule
A. Filing of administrative record:
The administrative record was filed on April 24, 2013. See Rec. Doc. 38; see also Rec.
Doc. 47 (granting motion to complete administrative record).
B. Deadline for parties to confer on record disputes:
The deadline for the parties to confer on record disputes was extended until June 24,
2013. See Rec. Doc. 42 (minute order).
C. Deadline for filing motions to complete and/or supplement the administrative record:
See Rec. Doc. 20 (30 days from the deadline for conferring on record disputes).
D. Petitioners’ opening merits brief:
The Petitioners’ opening merits brief was filed on August 30, 2013. Rec. Doc. 48; see
Rec. Doc. 44 (extending deadline); Rec. Doc. 47 (same).
E. Respondents’ response merits brief:
The Federal Respondents shall file their response merits brief by November 12, 2013.

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F. Intervenor Respondents’ response merits brief:
The Intervenor Respondents shall file their response merits brief by December 6, 2013.
G. Petitioners’ reply merits brief:
The Petitioners shall file their reply merits brief by January 10, 2013.
H. If necessary, remedies briefing:
The Court shall set a schedule for remedies briefing after ruling on the merits, if
necessary.
7. Statements Regarding Oral Argument
See Rec. Doc. 20.
8. Consent to Exercise of Jurisdiction by Magistrate Judge
See Rec. Doc. 20.
9. Other Matters
See Rec. Doc. 20.
10. Amendments of Joint Management Plan
See Rec. Doc. 20.

Dated this 21st day of October, 2013.
By the Court:
s/John L. Kane
John L. Kane
United States District Judge

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Approved:
/s/ Shiloh Hernandez
Shiloh Hernandez
Western Environmental Law Center
103 Reeder’s Alley
Helena, MT 59601
[phone]
[e-mail]

/s/ Peter J. McVeigh
Peter J. McVeigh
U.S. Department of Justice
Mailing address:
P.O. Box 7415
Ben Franklin Station
Washington, DC 20044-7415
[phone]
[e-mail]
Street Address:
950 Pennsylvania Ave., N.W.
Robert F. Kennedy Bldg., Rm. 2630
Washington, DC 20530

Attorney for Petitioners

Attorney for Federal Respondents

/s/ Water E. Stern
Walter E. Stern
Maria O’Brien
Joan E. Drake
Deana M. Bennett
P.O. Box 2168
Bank of America Centre
500 Fourth Street NW, Suite 1000
Albuquerque, NM 87103-2168
[phone]
western@modrall

James Banks
Hogan Lovells US LLP
Columbia Square
555 Thirteenth Street, NW
Washington, DC 20004
[phone]

Attorneys for Intervenor BHP Navajo Coal Company

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