ADERHOLT v. BUREAU OF LAND MANAGEMENT

Civil Action No. 7:15-cv-00162-O.

KENNETH ADERHOLT et al., Plaintiffs, v. BUREAU OF LAND MANAGEMENT et al., Defendants.

United States District Court, N.D. Texas, Wichita Falls Division.

June 29, 2016.


Attorney(s) appearing for the Case

Kenneth Aderholt, Plaintiff, represented by Robert Earl Henneke , Texas Public Policy Foundation, Bradley W Caldwell , Caldwell Cassady Curry PC, Chance Dean Weldon , Texas Public Policy Foundation, J Austin Curry , Caldwell Cassady Curry PC, Joel Stonedale , Texas Public Policy Foundation, pro hac vice, John Franklin Summers , Caldwell Cassady & Curry & Leigh Ann Thompson , Texas Public Policy Foundation.

Patrick Canan, Plaintiff, represented by Robert Earl Henneke , Texas Public Policy Foundation, Bradley W Caldwell , Caldwell Cassady Curry PC, Chance Dean Weldon , Texas Public Policy Foundation, J Austin Curry , Caldwell Cassady Curry PC, Joel Stonedale , Texas Public Policy Foundation, pro hac vice, John Franklin Summers , Caldwell Cassady & Curry & Leigh Ann Thompson , Texas Public Policy Foundation.

Kevin Hunter, Plaintiff, represented by Robert Earl Henneke , Texas Public Policy Foundation, Bradley W Caldwell , Caldwell Cassady Curry PC, Chance Dean Weldon , Texas Public Policy Foundation, J Austin Curry , Caldwell Cassady Curry PC, Joel Stonedale , Texas Public Policy Foundation, pro hac vice, John Franklin Summers , Caldwell Cassady & Curry & Leigh Ann Thompson , Texas Public Policy Foundation.

Ronald Jackson, Plaintiff, represented by Robert Earl Henneke , Texas Public Policy Foundation, Bradley W Caldwell , Caldwell Cassady Curry PC, Chance Dean Weldon , Texas Public Policy Foundation, J Austin Curry , Caldwell Cassady Curry PC, Joel Stonedale , Texas Public Policy Foundation, pro hac vice, John Franklin Summers , Caldwell Cassady & Curry & Leigh Ann Thompson , Texas Public Policy Foundation.

William Lalk, Plaintiff, represented by Robert Earl Henneke , Texas Public Policy Foundation, Bradley W Caldwell , Caldwell Cassady Curry PC, Chance Dean Weldon , Texas Public Policy Foundation, J Austin Curry , Caldwell Cassady Curry PC, Joel Stonedale , Texas Public Policy Foundation, pro hac vice, John Franklin Summers , Caldwell Cassady & Curry & Leigh Ann Thompson , Texas Public Policy Foundation.

Kenneth Patton, Plaintiff, represented by Robert Earl Henneke , Texas Public Policy Foundation, Bradley W Caldwell , Caldwell Cassady Curry PC, Chance Dean Weldon , Texas Public Policy Foundation, J Austin Curry , Caldwell Cassady Curry PC, Joel Stonedale , Texas Public Policy Foundation, pro hac vice, John Franklin Summers , Caldwell Cassady & Curry & Leigh Ann Thompson , Texas Public Policy Foundation.

Barbara Patton, Plaintiff, represented by Robert Earl Henneke , Texas Public Policy Foundation, Bradley W Caldwell , Caldwell Cassady Curry PC, Chance Dean Weldon , Texas Public Policy Foundation, J Austin Curry , Caldwell Cassady Curry PC, Joel Stonedale , Texas Public Policy Foundation, pro hac vice, John Franklin Summers , Caldwell Cassady & Curry & Leigh Ann Thompson , Texas Public Policy Foundation.

Jimmy Smith, Plaintiff, represented by Robert Earl Henneke , Texas Public Policy Foundation, Bradley W Caldwell , Caldwell Cassady Curry PC, Chance Dean Weldon , Texas Public Policy Foundation, J Austin Curry , Caldwell Cassady Curry PC, Joel Stonedale , Texas Public Policy Foundation, pro hac vice, John Franklin Summers , Caldwell Cassady & Curry & Leigh Ann Thompson , Texas Public Policy Foundation.

Kenneth Lemons, Jr., In his official capacity as Clay County Sheriff, Plaintiff, represented by Robert Earl Henneke , Texas Public Policy Foundation, Bradley W Caldwell , Caldwell Cassady Curry PC, Chance Dean Weldon , Texas Public Policy Foundation, J Austin Curry , Caldwell Cassady Curry PC, Joel Stonedale , Texas Public Policy Foundation, pro hac vice, John Franklin Summers , Caldwell Cassady & Curry & Leigh Ann Thompson , Texas Public Policy Foundation.

TX Wichita County, Plaintiff, represented by Robert Earl Henneke , Texas Public Policy Foundation, Bradley W Caldwell , Caldwell Cassady Curry PC, Chance Dean Weldon , Texas Public Policy Foundation, J Austin Curry , Caldwell Cassady Curry PC, Joel Stonedale , Texas Public Policy Foundation, pro hac vice, John Franklin Summers , Caldwell Cassady & Curry & Leigh Ann Thompson , Texas Public Policy Foundation.

Clay County, Texas, Plaintiff, represented by Robert Earl Henneke , Texas Public Policy Foundation, Bradley W Caldwell , Caldwell Cassady Curry PC, Chance Dean Weldon , Texas Public Policy Foundation, J Austin Curry , Caldwell Cassady Curry PC, Joel Stonedale , Texas Public Policy Foundation, pro hac vice, John Franklin Summers , Caldwell Cassady & Curry & Leigh Ann Thompson , Texas Public Policy Foundation.

Wilbarger County, Texas, Plaintiff, represented by Robert Earl Henneke , Texas Public Policy Foundation, Bradley W Caldwell , Caldwell Cassady Curry PC, Chance Dean Weldon , Texas Public Policy Foundation, J Austin Curry , Caldwell Cassady Curry PC, Joel Stonedale , Texas Public Policy Foundation, pro hac vice, John Franklin Summers , Caldwell Cassady & Curry & Leigh Ann Thompson , Texas Public Policy Foundation.

State of Texas Attorney General, Environmental Protection Division P O Box 12548 MC-066 Austin, TX 78721, Intervenor Plaintiff, represented by Megan Maddox Neal , Office of the Texas Attorney General.

GEORGE P BUSH, Intervenor Plaintiff, represented by Andrew Stephen Miller , Kemp Smith LLP, Deborah Clarke Trejo , Kemp Smith LLP & Ken K Slavin , Kemp Smith LLP.

Bureau of Land Management, Defendant, represented by Romney Philpott, III , US Department of Justice & Jason A Hill , US Department of Justice.

Neil Kornze, In his official capacity as Director, Bureau of Land Management, Defendant, represented by Romney Philpott, III , US Department of Justice & Jason A Hill , US Department of Justice.

U.S. Department of Interior, Defendant, represented by Romney Philpott, III , US Department of Justice & Jason A Hill , US Department of Justice.

Sally Jewell, In her official capacity as Secretary of the Interior, Defendant, represented by Romney Philpott, III , US Department of Justice & Jason A Hill , US Department of Justice.

United States of America, Defendant, represented by Romney Philpott, III , US Department of Justice & Jason A Hill , US Department of Justice.

Mac Thornberry, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

John Cornyn, III, U.S. Senator, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Ted Cruz, U.S. Senator, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Kevin Brady, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Michael Burgess, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

John Carter, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Mike Conaway, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

John Culberson, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Blake Farenthold, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Bill Flores, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Louie Gohmert, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Kay Granger, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Jeb Hensarling, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Sam Johnson, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Kenny Marchant, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Michael McCaul, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Randy Neugebauer, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Ted Poe, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

John Ratcliffe, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Randy Weber, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Roger Williams, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Pete Sessions, U.S. Representative, Amicus, represented by William McClellan Thornberry , U.S. House of Representatives.

Texas Department of Agriculture, Amicus, represented by Natalie Adelaja , Texas Department of Agriculture, pro hac vice.


MEMORANDUM OPINION AND ORDER

Before the Court are Defendants' Motion for Partial Dismissal of Plaintiffs' Amended Complaint and Brief in Support (ECF Nos. 48-49), filed February 26, 2016; Plaintiffs' Response to Defendants' Partial Motion to Dismiss (ECF No. 53), filed March 22,...

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