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

Filing 30

**DEFICIENT** MOTION to Intervene by Sierra Club, Florida Wildlife Federation, Center for Biological Diversity, Natural Resources Defense Council, Defenders of Wildlife. (Attachments: # 1 Exhibit 1 - Declaration of Michael Senatore, # 2 Exhibit 2 - Declaration of Alison Chase, # 3 Exhibit 3 - Declaration of Peter Galvin, # 4 Exhibit 4 - Declaration of Frank Jackalone, # 5 Exhibit 5 - Declaration of Manley Fuller, # 6 Motion to Dismiss, # 7 Memorandum in Support of Motion to Dismiss, # 8 Proposed Order, # 9 Opposition to Motion for Preliminary Injunction, # 10 Exhibit 1 to Opposition, # 11 Exhibit 2 to Opposition, # 12 Exhibit 3 to Opposition, # 13 Exhibit 4 to Opposition, # 14 Exhibit 5 to Opposition, # 15 Exhibit 6 to Opposition, # 16 Exhibit 7 to Opposition, # 17 Exhibit 8 to Opposition, # 18 Exhibit 9 to Opposition, # 19 Exhibit 10 to Opposition, # 20 Exhibit 11.1 to Opposition, # 21 Exhibit 11.2 to Opposition, # 22 Exhibit 12.1 to Opposition, # 23 Exhibit 12.2 to Opposition, # 24 Exhibit 13 to Opposition, # 25 Exhibit 14 to Opposition, # 26 Exhibit 15 to Opposition, # 27 Exhibit 16 to Opposition, # 28 Exhibit 17 to Opposition)(Suttles, John) Modified on 6/17/2010 (gec, ).

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA HORNBECK OFFSHORE SERVICES, LLC, Plaintiff, ) ) ) ) v. ) ) KENNETH LEE "KEN" SALAZAR, in ) his official capacity as Secretary, United ) States Department of the Interior; ROBERT ) "BOB" ABBEY, in his official capacity as ) Acting Director, Mineral Management ) Service; and MINERALS MANAGEMENT ) SERVICE, ) Defendants, and ) ) DEFENDERS OF WILDLIFE, SIERRA ) CLUB; FLORIDA WILDLIFE ) FEDERATION, CENTER FOR ) BIOLOGICAL DIVERSITY, AND ) NATURAL RESOURCES ) DEFENSE COUNCIL, ) Defendant-Intervenors ) ___________________________________ )

Civil Action No. 10-1663(F)(2) Section F Judge Feldman Magistrate 2 Magistrate Wilkinson

[PROPOSED] DEFENDANT-INTERVENORS' MOTION TO DISMISS Upon being granted intervention, defendant-intervenors Defenders of Wildlife, Sierra Club, Florida Wildlife Federation, Center for Biological Diversity, and Natural Resources Defense Council hereby move to dismiss the First Supplemental and Amended Complaint for Declaratory and Injunctive Relief for lack of subject matter jurisdiction because plaintiffs failed to provide the required statutory pre-suit notice. Defendant-intervenors are submitting a memorandum in support of this motion and a proposed order.

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Respectfully submitted, this 16th day of June, 2010. /s John Suttles John Suttles, LA Bar No. 19168 Southern Environmental Law Center 200 West Franklin Street, Suite 330 Chapel Hill, North Carolina 27516 Telephone: [phone] Facsimile: [phone] Catherine M. Wannamaker, application for admission forthcoming Southern Environmental Law Center 127 Peachtree Street, Suite 605 Atlanta, Georgia 30303 Telephone: [phone] Fax: [phone] COUNSEL FOR DEFENDERS OF WILDLIFE /s Alisa A. Coe Alisa A. Coe La. Bar No. 27999 David G. Guest Fla. Bar No. 0267228 Pro Hac Vice Pending Monica K. Reimer Fla. Bar No. 0090069 Pro Hac Vice Pending Earthjustice P.O. Box 1329 Tallahassee, FL 32302-1329 Phone: [phone] Fax: [phone] /s Mitchell Bernard Mitchell Bernard NY Bar No. 1684307 Pro Hac Vice application forthcoming Natural Resources Defense Counsel 40 West 20th Street New York, NY 10011 Phone: [phone] Fax: [phone] David Pettit CA Bar No. 67128 Pro Hac Vice application forthcoming 1314 Second Street Santa Monica, CA 90401 Phone: [phone] Fax: [phone] COUNSEL FOR NATURAL RESOURCES DEFENSE COUNCIL, INC.

COUNSEL FOR SIERRA CLUB and FLORIDA WILDLIFE FEDERATION /s Miyoko Sakashita Andrea A. Treece CA Bar No. 237639 Miyoko Sakashita

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CA Bar No. 239639 Pro Hac Vice applications forthcoming 351 California Street, Suite 600 San Francisco, CA 94104 Phone: [phone] Facsimile: [phone] COUNSEL FOR CENTER FOR BIOLOGICAL DIVERSITY

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CERTIFICATE OF SERVICE I hereby certify that on June 16, 2010, I electronically filed the foregoing with the Clerk of court by using the CM/ECF system, which will send a notice of electronic filing to the following: CARL DAVID ROSENBLUM ALIDA C. HAINKEL GRADY S. HURLEY GUILLERMO A. MONTERO [e-mail]; [e-mail]; [e-mail] [e-mail]; [e-mail] [e-mail]; [e-mail] [e-mail]

BRIAN M. COLLINS SHARON DENISE SMITH

[e-mail]; [e-mail]

[e-mail]; [e-mail]; [e-mail]

I further certify that I mailed the foregoing document and the notice of electronic filing by first-class mail to the following non-CM/ECF participants: John F. Cooney Venable, LLP 575 7th St., NW Washington, DC 20004 Marjorie Ann McKeithen

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Jones Walker Place St. Charles 201 St. Charles Ave., Suite 5100 New Orleans, LA 70170-5100 The foregoing document is available for viewing and downloading from the ECF system. /s/ John Suttles John Suttles Louisiana Bar No. 19168 SOUTHERN ENVIRONMENTAL LAW CENTER Attorney for Defendant-Intervenor Defenders of Wildlife 200 West Franklin Street, Suite 330 Chapel Hill, North Carolina 27516 Telephone: [phone] Facsimile: [phone] [e-mail]

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