Hornbeck Offshore Services, L.L.C. v. Salazar et al

Filing 114

EXPARTE/CONSENT MOTION to Expedite by Center for Biological Diversity, Defenders of Wildlife, Florida Wildlife Federation, Natural Resources Defense Council, Sierra Club. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Wannamaker, Catherine)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA HORNBECK OFFSHORE SERVICES, LLC, et al., Plaintiffs, v. SALAZAR, et al., Defendants. and DEFENDERS OF WILDLIFE, et al., Defendants-Intervenors. _________________________________________ MEMORANDUM IN SUPPORT OF EX PARTE MOTION FOR EXPEDITED HEARING ON MOTION FOR DISQUALIFICATION Proposed Defendant-Intervenors Defenders of Wildlife, Sierra Club, Florida Wildlife Federation, Center for Biological Diversity, and Natural Resources Defense Council (collectively, "Defendant-Intervenors"), file this memorandum in support of their Ex Parte Motion for Expedited Hearing on their Motion for Disqualification. On June 7, 2010, Hornbeck Offshore Services, LLC filed an action under the Outer Continental Shelf Lands Act and Administrative Procedure Act against the Minerals Managements Service ("MMS") and Kenneth ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

2:10-cv-01663-MLCF-JCW SECTION F JUDGE FELDMAN MAGISTRATE WILKINSON

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Lee Salazar, and Robert Abbey, in their official capacities as Secretary of the Department of the Interior and Acting Director of MMS, respectively. A first supplemental and amended complaint was filed two days later by Hornbeck and a number of other parties (collectively, "Plaintiffs"). Plaintiffs subsequently moved for a preliminary injunction enjoining the six-month moratorium on certain deepwater oil drilling in the outer continental shelf that Secretary Salazar issued on May 28, 2010. This court granted that motion and enjoined the moratorium on June 22, a decision which the government has appealed. Defendant-Intervenors have filed a motion seeking disqualification based on 28 U.S.C. § 455. "Disqualification motions, by their very nature, should be resolved expeditiously." Aguinda v. Texaco, Inc., 139 F. Supp. 2d 438, 438 (S.D.N.Y. 2000) (issuing order on disqualification motion within four days of motion's filing). As detailed in depth in DefendantIntervenors' Motion for Disqualification, this Court's previous and current financial interests are of a type and nature that would require judicial disqualification under both 28 U.S.C. § 455(a) and (b). The resolution of the disqualification motion thus is likely to lead to the reassignment of this case to a different judge, thereby inherently leading to a delay in the proceedings. By rapidly addressing the disqualification motion in an expedited hearing, this court would reduce the potential interruption in this matter. Such an action would therefore facilitate the timely determination of what this Court has repeatedly deemed to be a case presenting questions of national importance and would serve judicial economy by reducing the potential for duplicative proceedings before a reassigned judge. In light of these circumstances, Defendant-Intervenors submit that good cause exists for an expedited hearing.

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WHEREFORE, Defendant-Intervenors respectfully request that this Court grant their Ex Parte Motion for Expedited Hearing on their Motion for Disqualification and that the hearing be set at the earliest available time. A proposed order is attached. Respectfully submitted this 2nd day of July, 2010. /s Catherine M. Wannamaker John Suttles Louisiana Bar No. 19168 Counsel for Defendant-Intervenor Defenders of Wildlife and Center for Biological Diversity SOUTHERN ENVIRONMENTAL LAW CENTER 200 West Franklin Street, Suite 330 Chapel Hill, North Carolina 27516 Telephone: [phone] Facsimile: [phone] [e-mail] Catherine M. Wannamaker, admitted pro hac vice GA Bar No. 811077 Counsel for Defendant-Intervenors Defenders of Wildlife and Center for Biological Diversity SOUTHERN ENVIRONMENTAL LAW CENTER 127 Peachtree Street, Suite 605 Atlanta, Georgia 30303 Telephone: [phone] Fax: [phone] /s_Alisa A Coe____ Alisa A. Coe La. Bar No. 27999 David G. Guest Fla. Bar No. 0267228 Admitted pro hac vice Monica K. Reimer Fla. Bar No. 0090069 Admitted pro hac vice Earthjustice P.O. Box 1329 Tallahassee, FL 32302-1329 Phone: [phone] Fax: [phone] COUNSEL FOR SIERRA /s Mitchell Bernard Mitchell Bernard NY Bar No. 1684307 Admitted pro hac vice Natural Resources Defense Counsel 40 West 20th Street New York, NY 10011 Phone: [phone] Fax: [phone] /s Adam Babich Adam Babich Louisiana Bar No. 27177 Counsel for Sierra Club TULANE ENVT'L LAW CLINIC 6329 Freret Street New Orleans, LA 70118 Telephone: [phone] Facsimile: [phone] [e-mail]

COUNSEL FOR NATURAL RESOURCES

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CLUB and FLORIDA WILDLIFE FEDERATION

DEFENSE COUNCIL, INC.

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CERTIFICATE OF SERVICE I hereby certify that on July 2, 2010, I caused as copy of the foregoing to be served through the Court's CM/ECF system to all parties. /s Catherine Wannamaker Attorney

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