Upper Missouri Waterkeeper v. United States Environmental Protection Agency et al

Filing 64

ORDER: IT IS HEREBY ORDERED that the following schedule will govern all further proceedings in this matter: 1. Defendants shall compile and lodge with the Court two copies of the administrative record on or before 12/2/16. A complete and accurate cop y of the CDs shall be served on counsel for the Plaintiff and the Intervenor-Defendants on or before 12/2/16. 2. Motions to supplement the administrative record shall be filed on or before 12/13/16. 3. Motions contesting the adequacy of the administr ative record shall be filed on or before 12/13/16. 4. Motions to amend the pleadings shall be filed on or before 12/13/16. 5. Plaintiff shall file a motion for summary judgment on or before 12/21/2016. 6. Defendants' shall file a response brief or a cross-motion for summary judgment on ore before 2/24/17. 7. Intervenor-Defendant State of Montana Department of Environmental Quality may file a response brief or a cross-motion for summary judgment on or before 3/24/17. 8. Intervenor-Defendants Treasure State Resource Association of Montana, Montana League of Cities and Towns and National Association of Clean Water Agencies may each file a response brief or a cross-motion for summary judgment on or before 4/10/17. 9. Plaintiffs shall file a combined reply brief and response to any cross-motions for summary judgment on or before 5/12/17. 10. Defendants and the Intervenor-Defendants shall file their reply briefs on or before 6/16/17. (SEE ORDER FOR FULL DETAILS) Signed by Judge Brian Morris on 11/7/2016. (MMS, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
UPPER MISSOURI WATERKEEPER,
Plaintiff,

CV-16-52-GF-BMM

vs.
UNITED STATES
ENVIRONMENTAL PROTECTION
AGENCY and GINA McCARTHY,
Administrator, United States
Environmental Protection Agency,

ORDER

Defendants.
and
STATE OF MONTANA,
DEPARTMENT OF
ENVIRONMENTAL QUALITY,
TREASURE STATE RESOURCES
ASSOCIATION OF MONTANA,
MONTANA LEAGUE OF CITIES
AND TOWNS, and NATIONAL
ASSOCIATION OF CLEAN WATER
AGENCIES,
Intervenor-Defendants.
A preliminary pretrial conference was held on October 31, 2016, at the
Missouri River Courthouse in Great Falls, Montana. Plaintiff was represented by
Janette K. Brimmer, Esq., Katherine K. O’Brien, Esq. and Stephanie K. Tsosie, Esq.
Defendants were represented by Daniel W. Pinkston, Esq. Intervenor-Defendant

State of Montana Department of Environmental Quality was represented by Kurt R.
Moser, Esq. Intervenor-Defendant Treasure State Resources Association of
Montana was represented by Mark L. Stermitz, Esq. Intervenor-Defendant Montana
League of Cities and Towns was represented by Catherine A. Laughner, Esq.
Intervenor-Defendant National Association of Clean Water Agencies was
represented by Murray Warhank, Esq., Jill M. Fortney, Esq. and Paul M. Drucker,
Esq.
IT IS HEREBY ORDERED that the following schedule will govern all further
proceedings in this matter:
1.

Defendants shall compile and lodge with the Court two (indexed and

searchable) copies of the administrative record on CD-ROMs on or before December
2, 2016. A complete and accurate copy of the CDs shall be served on counsel for the
Plaintiff and the Intervenor-Defendants on or before December 2, 2016.
2.

Motions to supplement the administrative record shall be filed on or

before December 13, 2016.
3.

Motions contesting the adequacy of the administrative record shall be

filed on or before December 13, 2016.
4.

Motions to amend the pleadings shall be filed on or before

December 13, 2016.

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5.

Plaintiff shall file a motion for summary judgment (with supporting

brief) on or before December 21, 2016. Plaintiff’s brief shall be limited to 12,000
words.
6.

Defendants’ shall file a response brief or a cross-motion for summary

judgment (with supporting brief) on or before February 24, 2017. Defendants’ brief
shall be limited to 12,000 words.
7.

Intervenor-Defendant State of Montana Department of Environmental

Quality (State of Montana) may file a response brief or a cross-motion for summary
judgment (with supporting brief) on or before March 24, 2017. The State of
Montana’s brief shall be limited to 7,500 words.
8.

Intervenor-Defendants Treasure State Resource Association of

Montana (Treasure State), Montana League of Cities and Towns (League of Cities),
and National Association of Clean Water Agencies (NACWA) may each file a
response brief or a cross-motion for summary judgment (with supporting brief) on or
before April 10, 2017. The briefs filed by Treasure State, League of Cities, and
NACWA shall be limited to 3,500 words.
9.

Plaintiffs shall file a combined reply brief and response to any cross-

motions for summary judgment on or before May 12, 2017. Plaintiff’s brief shall be
limited to 12,000 words.

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10.

Defendants and the Intervenor-Defendants shall file their reply briefs

on or before June 16, 2017. The Defendants’ reply brief shall be limited to 7,000
words. The State of Montana’s reply brief shall be limited to 4000 words. The
replies briefs of Treasure State, League of Cities, and NACWA shall be limited to
2000 words.
DATED this 7th day of November, 2016.

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