Montana Wildlife Federation et al v. Zinke et al

Filing 326

ORDER: Parties shall jointly submit a status report not to exceed 1000 words on or before January 20, 2022 regarding the status of the Phase 3 administrative records and when those records can be submitted to the Court. Signed by Judge Brian Morris on 1/11/2022. (MMS)

Case 4:18-cv-00069-BMM Document 326 Filed 01/11/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
MONTANA WILDLIFE FEDERATION,
et al.,

CV-18-69-GF-BMM

Plaintiffs,
ORDER
vs.
DAVID BERNHARDT, in his official
capacity as Secretary of the Interior, et al.,
Defendants,
WESTERN ENERGY ALLIANCE, et al.,
Defendant-Intervenors.

The first round of summary judgment in this case involved the 2018 IM, the
December 2018 and March 2018 Montana lease sales, and the June 2018 Wyoming
lease sale. Briefing was completed in early 2020, and following oral argument, the
Court issued its summary judgment ruling in May 2020. (Doc. 147.) Appeal of the

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Case 4:18-cv-00069-BMM Document 326 Filed 01/11/22 Page 2 of 3

Court’s ruling remains pending. See Montana Wildlife Fed’n v. Bernhardt, No. 2035615.
The second round of summary judgment involves the five remaining original
lease sales: the December 2017, March 2018, and June 2018 Nevada lease sales, and
the December 2017 and March 2018 Wyoming lease sales. The Court heard
argument on cross-motions for summary judgment on June 14, 2021.
On June 21, 2021, the Court granted Plaintiffs’ motion for leave to file a
second amended and supplemental complaint. (Doc. 262.) The supplemental
complaint challenges six new leasing decisions: the February 2019, September 2019,
December 2019, and December 2020 Wyoming lease sales, and the March 2019 and
December 2019 Montana lease sales. (Doc. 263 at ¶¶ 68-73, 92- 104.)
The Court requires further information on the Federal Defendants’ progress
preparing the administrative records for the Phase 3 leasing decisions added in the
supplemental complaint.
ORDER
IT IS HEREBY ORDERED that the parties shall jointly submit a status
report not to exceed 1000 words on or before January 20, 2022 regarding the status
of the Phase 3 administrative records and when those records can be submitted to
the Court.

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Case 4:18-cv-00069-BMM Document 326 Filed 01/11/22 Page 3 of 3

DATED this 11th day of January, 2022.

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