STATE v. UNITED STATES DEPARTMENT OF INTERIOR

Case Nos. 2:16-CV-0285-SWS (Lead Case), 2:16-CV-0280-SWS

STATE OF WYOMING and STATE OF MONTANA, Petitioners, STATE OF NORTH DAKOTA, Intervenor-Petitioner, v. UNITED STATES DEPARTMENT OF THE INTERIOR; SALLY JEWELL, in her official capacity as Secretary of the Interior; UNITED STATES BUREAU OF LAND MANAGEMENT; and NEIL KORNZE, in his official capacity as Director of the Bureau of Land Management, Respondents. WYOMING OUTDOOR COUNCIL, et al.; EARTHWORKS; STATE OF CALIFORNIA and STATE OF NEW MEXICO, Intervenor-Respondents. WESTERN ENERGY ALLIANCE, and INDEPENDENT PETROLEUM ASSOCIATION OF AMERICA, Petitioners, v. SALLY JEWELL, in her official capacity as Secretary of the United States Department of the Interior; and BUREAU OF LAND MANAGEMENT, Respondents.

United States District Court, D. Wyoming.

January 16, 2017.

Editors Note
Applicable Law: 28 U.S.C. § 1331
Cause: 28 U.S.C. § 1331 Fed. Question
Nature of Suit: 893 Environmental Matters
Source: PACER


Attorney(s) appearing for the Case

State of Wyoming, Petitioner, represented by Elizabeth Anne Morrisseau , WYOMING ATTORNEY GENERAL.

State of Wyoming, Petitioner, represented by Erik Edward Petersen , WYOMING ATTORNEY GENERAL'S OFFICE.

State of Montana, Petitioner, represented by Alan L. Joscelyn , MONTANA DEPARTMENT OF JUSTICE, pro hac vice, Brandon Lee Jensen , BUDD-FALEN LAW OFFICES, Timothy C. Fox , MONTANA DEPARTMENT OF JUSTICE, pro hac vice & Tommy H. Butler , MONTANA DEPARTMENT OF JUSTICE, pro hac vice.

State of North Dakota, Intervenor Petitioner, represented by David P. Garner , NORTH DAKOTA ATTORNEY GENERALS OFFICE, pro hac vice, Hope Hogan , NORTH DAKOTA ATTORNEY GENERALS OFFICE, pro hac vice, Paul M. Seby , GREENBERG TRAURIG LLP, Wayne Stenehjem , NORTH DAKOTA ATTORNEY GENERALS OFFICE, pro hac vice & Robert John Walker , HICKEY & EVANS.

Wyoming Outdoor Council, Intervenor Respondent, represented by Erik Schlenker-Goodrich , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Laura Helen King , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Lisa Dardy McGee , WYOMING OUTDOOR COUNCIL & Shiloh Hernandez , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice.

Center for Biological Diversity, Intervenor Respondent, represented by Erik Schlenker-Goodrich , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Laura Helen King , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Lisa Dardy McGee , WYOMING OUTDOOR COUNCIL & Shiloh Hernandez , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice.

Citizens for a Healthy Community, Intervenor Respondent, represented by Erik Schlenker-Goodrich , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Laura Helen King , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Lisa Dardy McGee , WYOMING OUTDOOR COUNCIL & Shiloh Hernandez , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice.

Dine Citizens Against Ruining Our Environment, Intervenor Respondent, represented by Erik Schlenker-Goodrich , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Laura Helen King , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Lisa Dardy McGee , WYOMING OUTDOOR COUNCIL & Shiloh Hernandez , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice.

Environmental Defense Fund, Intervenor Respondent, represented by Lisa Dardy McGee , WYOMING OUTDOOR COUNCIL & Susannah L. Weaver , DONAHUE & GOLDBERG LLP, pro hac vice.

Environmental Law and Policy Center, Intervenor Respondent, represented by Jennifer L. Cassel , ENVIRONMENTAL LAW & POLICY CENTER, pro hac vice, Lisa Dardy McGee , WYOMING OUTDOOR COUNCIL & Rachel Leigh Granneman , ENVIRONMENTAL LAW & POLICY CENTER, pro hac vice.

Montana Environmental Information Center, Intervenor Respondent, represented by Erik Schlenker-Goodrich , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Laura Helen King , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Lisa Dardy McGee , WYOMING OUTDOOR COUNCIL & Shiloh Hernandez , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice.

National Wildlife Federation, Intervenor Respondent, represented by Ann Brewster Weeks , CLEAN AIR TASK FORCE, pro hac vice, Darin T. Schroeder , CLEAN AIR TASK FORCE, pro hac vice, Erik Schlenker-Goodrich , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Laura Helen King , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Lisa Dardy McGee , WYOMING OUTDOOR COUNCIL & Shiloh Hernandez , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice.

Natural Resources Defense Council, Intervenor Respondent, represented by Joel Minor , EARTHJUSTICE, pro hac vice, Lisa Dardy McGee , WYOMING OUTDOOR COUNCIL, Michael S. Freeman , EARTHJUSTICE, pro hac vice & Robin Cooley , EARTHJUSTICE.

San Juan Citizens Alliance, Intervenor Respondent, represented by Erik Schlenker-Goodrich , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Laura Helen King , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Lisa Dardy McGee , WYOMING OUTDOOR COUNCIL & Shiloh Hernandez , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice.

Sierra Club, Intervenor Respondent, represented by Joel Minor , EARTHJUSTICE, pro hac vice, Lisa Dardy McGee , WYOMING OUTDOOR COUNCIL, Michael S. Freeman , EARTHJUSTICE, pro hac vice & Robin Cooley , EARTHJUSTICE.

Wilderness Society, Intervenor Respondent, represented by Joel Minor , EARTHJUSTICE, pro hac vice, Lisa Dardy McGee , WYOMING OUTDOOR COUNCIL, Michael S. Freeman , EARTHJUSTICE, pro hac vice & Robin Cooley , EARTHJUSTICE.

Western Organization of Resource Councils, Intervenor Respondent, represented by Joel Minor , EARTHJUSTICE, pro hac vice, Lisa Dardy McGee , WYOMING OUTDOOR COUNCIL, Michael S. Freeman , EARTHJUSTICE, pro hac vice & Robin Cooley , EARTHJUSTICE.

Wilderness Workshop, Intervenor Respondent, represented by Erik Schlenker-Goodrich , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Laura Helen King , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Lisa Dardy McGee , WYOMING OUTDOOR COUNCIL & Shiloh Hernandez , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice.

WildEarth Guardians, Intervenor Respondent, represented by Erik Schlenker-Goodrich , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Laura Helen King , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice, Lisa Dardy McGee , WYOMING OUTDOOR COUNCIL & Shiloh Hernandez , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice.

State of California, Intervenor Respondent, represented by David A. Zonana , CALIFORNIA DEPARTMENT OF JUSTICE, pro hac vice, George Torgun , CALIFORNIA DEPARTMENT OF JUSTICE, pro hac vice, Mary S. Tharin , CALIFORNIA DEPARTMENT OF JUSTICE, pro hac vice & Reed Zars .

State of New Mexico, Intervenor Respondent, represented by Reed Zars & William G. Grantham , NEW MEXICO OFFICE OF THE ATTORNEY GENERAL, pro hac vice.

Earthworks, Intervenor Respondent, represented by Laura Helen King , WESTERN ENVIRONMENTAL LAW CENTER, pro hac vice.

United States Department of the Interior, Respondent, represented by C. Levi Martin , UNITED STATES ATTORNEYS OFFICE, Clare M. Boronow , UNITED STATES DEPARTMENT OF JUSTICE, pro hac vice & Marissa A. Piropato , DEPARTMENT OF JUSTICE, pro hac vice.

United States Department of Interior Secretary, Respondent, represented by C. Levi Martin , UNITED STATES ATTORNEYS OFFICE, Clare M. Boronow , UNITED STATES DEPARTMENT OF JUSTICE, pro hac vice & Marissa A. Piropato , DEPARTMENT OF JUSTICE, pro hac vice.

United States Bureau of Land Management, Respondent, represented by C. Levi Martin , UNITED STATES ATTORNEYS OFFICE, Clare M. Boronow , UNITED STATES DEPARTMENT OF JUSTICE, pro hac vice & Marissa A. Piropato , DEPARTMENT OF JUSTICE, pro hac vice.

United States Bureau of Land Management Director, Respondent, represented by C. Levi Martin , UNITED STATES ATTORNEYS OFFICE, Clare M. Boronow , UNITED STATES DEPARTMENT OF JUSTICE, pro hac vice & Marissa A. Piropato , DEPARTMENT OF JUSTICE, pro hac vice.

Western Energy Alliance, Consolidated Petitioner, represented by Eric P. Waeckerlin , DAVIS GRAHAM & STUBBS LLP, pro hac vice, Erin Kelly Murphy , DAVIS GRAHAM & STUBBS LLP & Kathleen C. Schroder , DAVIS GRAHAM & STUBBS LLP, pro hac vice.

Independent Petroleum Association of America, Consolidated Petitioner, represented by Eric P. Waeckerlin , DAVIS GRAHAM & STUBBS LLP, pro hac vice, Erin Kelly Murphy , DAVIS GRAHAM & STUBBS LLP & Kathleen C. Schroder , DAVIS GRAHAM & STUBBS LLP, pro hac vice.


ORDER ON MOTIONS FOR PRELIMINARY INJUNCTION

This matter comes before the Court on the respective motions for preliminary injunction filed by the Petitioners and Intervenor-Petitioner (collectively, "Petitioners"): Wyoming and Montana's Motion for Preliminary Injunction (ECF...

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