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

Filing 159

EXPARTE/CONSENT MOTION for Leave to File Amicus Curiae Brief in Opposition to Defendants' Motion to Dismiss by Bobby Jindal, Louisiana State. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Proposed Pleading Amicus Curiae Brief, # 4 Exhibit Exhibit "A" to Amicus Curiae Brief)(Dart, Henry)

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

Doc. 159 Att. 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

HORNBECK OFFSHORE SERVICES, LLC, Plaintiff, VS

* * * * * KENNETH LEE "KEN" SALAZAR, in, * his official capacity as Secretary, United States * Department of the Interior; * UNITED STATES DEPARTMENT OF THE * INTERIOR; ROBERT "BOB" ABBEY, in his * Official capacity as Acting Director, Mineral * Management Service; and * MINERAL MANAGEMENT SERVICE, * Defendants * * * * * * * * * * * * * * * * * * * * * * **

CIVIL ACTION NO.: 10-1663

SECTION: "F"

MAGISTRATE: "2"

MEMORANDUM IN SUPPORT OF MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF

NOW INTO COURT come Bobby Jindal, in his capacity as Governor of the State of Louisiana, and the State of Louisiana, through the Louisiana Attorney General, James D. "Buddy" Caldwell, who seek leave to file the attached amicus brief in opposition to the Defendants' Motion to Dismiss (Rec. Doc. 125), for the following reasons to wit: On July 12, 2010, a Motion to Dismiss was filed by Defendants in this action (Rec. Doc. 125), which was heard by this Court on August 11, 2010. The matter was taken under submission

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and post hearing briefing was ordered. (Rec. Doc. 151). Meanwhile, on July 30, 2010, Defendants filed a motion with the United States Court of Appeals for the Fifth Circuit (Hornbeck Offshore Services, LLC, et al. v. Kenenth Lee Salazar, et al., Case No. 10-30585), seeking to vacate as moot, the preliminary injunction of May 28, 2010, issued by this Court. On August 16, 2010, the Fifth Circuit, issued a Per Curiam Order, remanding the matter to this Court with instructions to conduct an appropriate hearing and to issue findings of fact and conclusions of law responsive to three specific questions referenced in its Order (See Order, at Document 00511205036). On August 17, 2010, this Court issued an Order (Rec. Doc. 153), supplementing its briefing schedule on Defendants' Motion to Dismiss, to include responses to the questions posed by the Fifth Circuit, and to address the Supreme Court decision in Northeastern Florida Chapter of the Associated General Contractors of America v. City of Jacksonville, Florida, 508 U.S. 656 (1993). As an "Affected State" under the Outer Continental Shelf Lands Act ("OCSLA"), the State of Louisiana has a real interest in the outcome of this litigation. The State is particularly wellpositioned to provide this Court with information responsive to the third question raised by the Fifth Circuit with regard to the "subsequent conduct" of Defendants as it relates to the State, prior to issuing the July 12th Moratorium. As set forth in the attached amicus brief, Defendants remain in violation of the OCSLA, and in particular, OCSLA's requirement that Defendants notify the State and provide it with a meaningful opportunity to participate in the decision making process prior to issuing the Moratorium. Moreover, as further discussed in the attached amicus brief, and in former submittals to this Court,1 the Moratorium continues to have a systemic effect on Louisiana's economy and livelihood.

1

See for example the Amicus Brief on Behalf of Bobby Jindal, Governor of the State of Louisiana, and the State of Louisiana in Support of Plaintiffs' Motion for Preliminary Injunction (Rec. Doc. 66).

2

WHEREFORE, the State of Louisiana moves for leave to file the attached amicus curiae brief in Opposition to Defendants' Motion to Dismiss.

Respectfully submitted, James D. "Buddy" Caldwell Louisiana Attorney General James Trey Phillips First Assistant Attorney General Megan K. Terrell Assistant Attorney General Section Chief ­ Environmental State of Louisiana P.O. Box 94005 Baton Rouge, Louisiana 70804-9005 Tel: [phone] Fax: [phone] By: /s/ Henry T. Dart Henry T. Dart, Esq. (La. Bar # 4557) Grady J. Flattmann, Esq. Henry Dart, Attorneys at Law P.C. 510 N. Jefferson St. Covington, LA 70433 Tel: [phone] Fax: [phone] Special Counsel to the Attorney General and /s/ Allan Kanner Allan Kanner, Esq. Elizabeth B. Petersen, Esq. Rebecca J. Davis, Esq. Kanner & Whiteley, L.L.C. 701 Camp Street New Orleans, Louisiana 70130 Tel: [phone] Fax: [phone] Special Counsel to the Attorney General

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and /s/ Bradley M. Marten Bradley M. Marten, Esq. Linda R. Larson, Esq. Marten Law PLLC 1191 Second Avenue, Suite 2200 Seattle, WA 98101 Tel: [phone] Fax: [phone] Of Counsel, Pro Hac Vice Pending and /s/ T. Allen Usry T. Allen Usry, Esq. Usry, Weeks, & Matthews, APLC 1615 Poydras St., Ste. 12 New Orleans, LA 70112 Tel: [phone] Fax: [phone] Special Counsel to the Attorney General and /s/ E. Wade Shows E. Wade Shows, Esq. Shows, Cali, Berthelot & Walsh LLP 628 St. Louis Street Baton Rouge, LA 70802 Tel: [phone] Fax: [phone] Special Counsel to the Attorney General

CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing pleading has been electronically filed with the Clerk of court by using the CM/ECF system which will send a notice of electronic filing to all counsel of record, this, the 24th day of August, 2010.

____________/s/ Henry T. Dart______________ HENRY T. DART

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