Name: State Of New York v. United States Army Corps of Engineers et al :: New York Eastern District Court :: Federal Civil Lawsuit No. 1:11-cv-02599, Judge Allyne R. Ross presiding
Creator: New York Eastern District Court
Published: 2011-05-31
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, New York Eastern District Court

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98	Filed: 9/25/2012, Entered: None
	CLERK'S JUDGMENT: It is ORDERED and ADJUDGED that Defendants' motion to dismiss for lack of subject matter jurisdiction is granted and the complaints are dismissed without prejudice. Signed Douglas C. Palmer, Clerk of Court by Michele Gapinski, Chief for Court Operations on 9/24/2012. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Lee, Tiffeny) (Entered: 09/25/2012)
	Request

97	Filed: 9/24/2012, Entered: None
	MEMORANDUM & ORDER: Defendants' motion to dismiss for lack of subject matterjurisdiction is GRANTED without prejudice as to all three Complaints. The remaining pending motions are denied as moot. The Clerk of Court is directed to close these three cases. So Ordered by Judge Nicholas G. Garaufis on 9/24/2012. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Lee, Tiffeny) (Entered: 09/24/2012)


96	Filed: 7/23/2012, Entered: None
	ORDER approving revised schedule in (89 in 1:11-cv-03857-NGG-CLP, 95 in 1:11-cv-02599-NGG-CLP, 103 in 1:11-cv-03780-NGG-CLP). Ordered by Judge Nicholas G. Garaufis on 7/23/2012. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Lee, Tiffeny) (Entered: 07/23/2012)


95	Filed: 7/20/2012, Entered: None
	Proposed Scheduling Order , for schedule of oral argument topics, in letter to Court informing the Court of the intended division of time among counsel on each issue for the oral argument, submitted in accordance with the Court's Order dated July 10, 2012, jointly requested by all parties and filed by Peter A. DeLuca, Rowan W. Gould, Lisa Jackson, Jonathan B. Jarvis, Kenneth Salazar, United States Army Corps of Engineers, United States Department of the Interior, United States Environmental Protection Agency, United States Fish and Wildlife Service, United States National Park Service, Peter A. DeLuca Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Levy, Sandra) (Entered: 07/20/2012)
	Request

94	Filed: 7/17/2012, Entered: None
	NOTICE of Appearance by Lisa K Perfetto on behalf of Delaware Riverkeeper Network, The Delaware Riverkeeper (aty to be noticed) (Attachments: # 1 Certificate of Service) Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Perfetto, Lisa) (Entered: 07/17/2012)
	Request

93	Filed: 7/12/2012, Entered: None
	ORDER: The court has scheduled oral argument for July 24, 2012. (May 9, 2012 Scheduling Order.) The court shall hear argument first on Defendants' jurisdictional challenges to Plaintiffs' claims, then will hear argument on Defendants' motion for dismissal for failure to state a claim for which relief can be granted, and finally will hear argument on Plaintiffs' contention that there are no genuine issues of material fact as to the Federal Defendants' and the DRBC Defendants' liability. For each argument topic, Defendants may present argument of up to twenty minutes (divided between the Federal Defendants and the DRBC Defendants as counsel for those entities choose) and Plaintiffs may also present argument for up to twenty minutes (divided among New York State, Damascus Citizens for Sustainability, Inc., and the DRN Plaintiffs as counsel for those entities choose). The parties shall inform the court of the intended division of time among counsel on each issue by letter no later than July 20, 2012. All remaining motions and claims will be taken on submission. Ordered by Judge Nicholas G. Garaufis on 7/10/2012. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Lee, Tiffeny) (Entered: 07/12/2012)
	Request

92	Filed: 7/10/2012, Entered: None
	Letter to The Honorable Nicholas G. Garaufis by Carol Collier, Delaware River Basin Commission, Carol Collier, Carol Collier Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Warren, Kenneth) (Entered: 07/10/2012)
	Request

91	Filed: 6/6/2012, Entered: None
	RESPONSE to Motion re (70 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss , (76 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss and incorporating DRBC's Memorandum of Law and Declaration in docket entry no. 81 No. 11-3780 and docket entry no. 70 No. 11-3857, (75 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (80 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (69 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (81 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss Certificate of Service filed by State Of New York. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Bein, Philip) (Entered: 06/06/2012)
	Request

90	Filed: 6/4/2012, Entered: None
	REPLY in Support re (80 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (69 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (81 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss , (70 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss , (76 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss and incorporating DRBC's Memorandum of Law and Declaration in docket entry no. 81 No. 11-3780 and docket entry no. 70 No. 11-3857, (75 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS filed by American Petroleum Institute, INDEPENDENT PETROLEUM ASSOCIATION OF AMERICA,, US OIL & GAS ASSOCIATION, Independent Petroleum Association of America. (Attachments: # 1 Rule 56.1 Statement, # 2 Declaration of Ralph Morris, # 3 Declaration of Peter Valberg, # 4 Declaration of Samuel Boxerman, # 5 Boxerman Declaration Exhibits 1 through 19, # 6 Boxerman Declaration Exhibits 20 through 25, # 7 Boxerman Declaration Exhibits 26 through 29, # 8 Boxerman Declaration Exhibits 30 through 42, # 9 Boxerman Declaration Exhibits 43 through 60, # 10 Boxerman Declaration Exhibits 61 through 80, # 11 Boxerman Declaration Exhibit 81, # 12 Boxerman Declaration Exhibits 82 and 83) Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Boxerman, Samuel) (Entered: 06/04/2012)
	Request

89	Filed: 6/4/2012, Entered: None
	MEMORANDUM in Support re (77 in 1:11-cv-02599-NGG-CLP) Response in Opposition to Motion,,,,,, filed by New York City Council. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Axelrod, Lauren) (Entered: 06/04/2012)
	Request

88	Filed: 6/4/2012, Entered: None
	MEMORANDUM in Support re (77 in 1:11-cv-02599-NGG-CLP) Response in Opposition to Motion,,,,,, and in Support of Plaintiffs filed by Chesapeake Bay Foundation. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Mueller, Jon) (Entered: 06/04/2012)
	Request

87	Filed: 6/4/2012, Entered: None
	MEMORANDUM in Support re (70 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss , (76 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss and incorporating DRBC's Memorandum of Law and Declaration in docket entry no. 81 No. 11-3780 and docket entry no. 70 No. 11-3857, (75 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (80 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (69 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (81 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss filed by American Petroleum Institute, INDEPENDENT PETROLEUM ASSOCIATION OF AMERICA,, US OIL & GAS ASSOCIATION, Independent Petroleum Association of America. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Boxerman, Samuel) (Entered: 06/04/2012)
	Request

86	Filed: 6/4/2012, Entered: None
	REPLY to Response to Motion re (70 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss , (69 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS Reply Memorandum in Further Support of Motion for Summary Judgment filed by Damascus Citizens for Sustainability, Inc., Delaware Riverkeeper Network, National Parks Conservation Association, Riverkeeper, Inc., The Delaware Riverkeeper, The Hudson Riverkeeper. (Attachments: # 1 Declaration of Tracy Carluccio, # 2 Declaration of Barbara Arrindell, # 3 Certificate of Service) Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Davenport, Jane) (Entered: 06/04/2012)
	Request

85	Filed: 6/4/2012, Entered: None
	REPLY to Response to Motion re (80 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (69 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (81 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss , (70 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss , (76 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss and incorporating DRBC's Memorandum of Law and Declaration in docket entry no. 81 No. 11-3780 and docket entry no. 70 No. 11-3857, (75 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS Reply Memorandum in Further Support of Motion for Summary Judgment filed by State Of New York. (Attachments: # 1 Affidavit Bein Reply Declaration, # 2 Affidavit Silver Reply Declaration, # 3 Affidavit Chinkin Reply Declaration, # 4 Affidavit Schwartz Reply Declaration) Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Bein, Philip) (Entered: 06/04/2012)
	Request

84	Filed: 6/4/2012, Entered: None
	REPLY to Response to Motion re (81 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss , (70 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss , (76 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss and incorporating DRBC's Memorandum of Law and Declaration in docket entry no. 81 No. 11-3780 and docket entry no. 70 No. 11-3857 and also in Opposition to Plaintiffs' Corss-Motions for Summary Judgment filed by Carol Collier, Delaware River Basin Commission. (Attachments: # 1 Proposed Order, # 2 Rule 56.1 Statement Response to Environmental Group Statement of Material Facts, # 3 Rule 56.1 Statement Response to New York State Statement of Material Facts, # 4 Declaration Declaration of Craig Evans, # 5 Declaration Declaration of Eugene Pine, # 6 Declaration Declaration of Horst Greczmiel, # 7 Declaration Declaration of Kenneth Warren, # 8 Declaration Declaration of Sean Nolan, # 9 Declaration Declaration of Keith Murin, # 10 Exhibit Declaration of Keith Murin Exhibit A, # 11 Declaration Declaration of Scott Perry, # 12 Exhibit Declaration of Scott Perry Exhibit A, # 13 Declaration Declaration of Robert Tudor, # 14 Exhibit Declaration of Robert Tudor Exhibit A, # 15 Exhibit Declaration of Robert Tudor Exhibit B, # 16 Exhibit Declaration of Robert Tudor Exhibit C, # 17 Declaration Declaration of Gary Walters, # 18 Exhibit Declaration of Gary Walters Exhibit A, # 19 Exhibit Declaration of Gary Walters Exhibit B, # 20 Exhibit Declaration of Gary Walters Exhibit C) Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Warren, Kenneth) (Entered: 06/04/2012)
	Request

83	Filed: 6/4/2012, Entered: None
	MEMORANDUM in Support of Cross Motion for Summary Judgement filed by State of New York and other Plaintiffs in Opposition to Defendant's motion to dismiss filed by Philadelphia City Council. (Attachments: # 1 Exhibit) Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Bricklin, Shoshana) (Entered: 06/04/2012)
	Request

82	Filed: 6/4/2012, Entered: None
	REPLY to Response to Motion re (75 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (80 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (69 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS and also in opposition to Plaintiffs' Cross-Motions for Summary Judgment filed by Peter A. DeLuca, Rowan W. Gould, Lisa Jackson, Jonathan B. Jarvis, Kenneth Salazar, United States Army Corps of Engineers, United States Department of the Interior, United States Environmental Protection Agency, United States Fish and Wildlife Service, United States National Park Service, Peter A. DeLuca. (Attachments: # 1 Rule 56.1 Statement in opposition to NYS's Cross-Motion for Summary Judgment, # 2 Rule 56.1 Statement in opposition to NGOs' Cross-Motion for Summary Judgment, # 3 Declaration of Sandra L. Levy Pursuant to FRCP 56(d)) Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Levy, Sandra) (Entered: 06/04/2012)
	Request

81	Filed: 6/4/2012, Entered: None
	RESPONSE to Motion re (70 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss , (76 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss and incorporating DRBC's Memorandum of Law and Declaration in docket entry no. 81 No. 11-3780 and docket entry no. 70 No. 11-3857, (75 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (80 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (69 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (81 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss Exhibit C to Rudge Declaration filed by State Of New York. (Attachments: # 1 Exhibit Exhibits H through J to Rudge Declaration) Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Bein, Philip) (Entered: 06/04/2012)
	Request

80	Filed: 6/4/2012, Entered: None
	RESPONSE to Motion re (70 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss , (76 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss and incorporating DRBC's Memorandum of Law and Declaration in docket entry no. 81 No. 11-3780 and docket entry no. 70 No. 11-3857, (75 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (80 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (69 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (81 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss Exhibits A and B to Rudge Declaration filed by State Of New York. (Attachments: # 1 Exhibit Exhibit D to Rudge Declaration, # 2 Exhibit Exhibit E to Rudge Declaration, # 3 Exhibit Exhibit F to Rudge Declaration, # 4 Exhibit Exhibit G to Rudge Declaration) Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Bein, Philip) (Entered: 06/04/2012)
	Request

79	Filed: 6/4/2012, Entered: None
	RESPONSE in Opposition re (69 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (70 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss Notion of Motion for Summary Judgment filed by Damascus Citizens for Sustainability, Inc., Delaware Riverkeeper Network, National Parks Conservation Association, Riverkeeper, Inc., The Delaware Riverkeeper, The Hudson Riverkeeper. (Attachments: # 1 Memorandum in Support of cross-motion for summary judgment and in opposition to Defendants' motions to dismiss, # 2 Rule 56.1 Statement, # 3 Exhibit A through Q, # 4 Appendix of Public Records, # 5 Certificate of Service) Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Davenport, Jane) (Entered: 06/04/2012)
	Request

78	Filed: 6/4/2012, Entered: None
	RESPONSE in Opposition re (70 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss , (76 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss and incorporating DRBC's Memorandum of Law and Declaration in docket entry no. 81 No. 11-3780 and docket entry no. 70 No. 11-3857, (75 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (80 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (69 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (81 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss Rudge Declaration filed by State Of New York. (Attachments: # 1 Exhibit Exhibits K through L to Rudge Declaration in Support of Motion for Summary Judgment and in Opposition to Motions to Dismiss) Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Bein, Philip) (Entered: 06/04/2012)
	Request

77	Filed: 6/4/2012, Entered: None
	RESPONSE in Opposition re (80 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (69 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS, (81 in 1:11-cv-03780-NGG-CLP) MOTION to Dismiss , (70 in 1:11-cv-03857-NGG-CLP) MOTION to Dismiss , (76 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss and incorporating DRBC's Memorandum of Law and Declaration in docket entry no. 81 No. 11-3780 and docket entry no. 70 No. 11-3857, (75 in 1:11-cv-02599-NGG-CLP) MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS Notice of Motion for Summary Judgment filed by State Of New York. (Attachments: # 1 Memorandum in Support Memorandum In Support of Motion for Summary Judgment and in Opposition to Motions to Dismiss, # 2 Rule 56.1 Statement Rule 56.1 Statement, # 3 Affidavit Bein Declaration, # 4 Exhibit Exhibits A through P to Bein Declaration, # 5 Affidavit Silver Declaration, # 6 Exhibit Exhibits A through P to Silver Declaration, # 7 Affidavit Chinkin Declaration, # 8 Exhibit Exhibits A through C to Chinkin Declaration, # 9 Affidavit Schwartz Declaration, # 10 Exhibit Exhibits A through B to Schwartz Declaration) Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Bein, Philip) (Entered: 06/04/2012)
	Request

76	Filed: 6/4/2012, Entered: None
	MOTION to Dismiss and incorporating DRBC's Memorandum of Law and Declaration in docket entry no. 81 No. 11-3780 and docket entry no. 70 No. 11-3857 by Carol Collier, Delaware River Basin Commission. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Declaration Declaration of Pam Bush, # 4 Exhibit Declaration of Pam Bush Exhibit A, # 5 Exhibit Declaration of Pam Bush Exhibit B, # 6 Exhibit Declaration of Pam Bush Exhibit C, # 7 Exhibit Declaration of Pam Bush Exhibit D, # 8 Exhibit Declaration of Pam Bush Exhibit E, # 9 Exhibit Declaration of Pam Bush Exhibit F, # 10 Exhibit Declaration of Pam Bush Exhibit G, # 11 Exhibit Declaration of Pam Bush Exhibit H) (Warren, Kenneth) (Entered: 06/04/2012)
	Request

75	Filed: 6/4/2012, Entered: None
	MOTION to Dismiss AMENDED COMPLAINT OF NYS AND COMPLAINTS OF OTHER PLAINTIFFS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, BY FEDERAL DEFENDANTS by Peter A. DeLuca, Rowan W. Gould, Lisa Jackson, Jonathan B. Jarvis, Kenneth Salazar, United States Army Corps of Engineers, United States Department of the Interior, United States Environmental Protection Agency, United States Fish and Wildlife Service, United States National Park Service. (Attachments: # 1 Memorandum in Support, # 2 Rule 56.1 Statement) (Levy, Sandra) (Entered: 06/04/2012)
	Request

74	Filed: 5/9/2012, Entered: None
	Consent MOTION to Amend/Correct/Supplement Motion Schedule, as set forth in letter, on consent of all parties and filed by Damascus Citizens for Sustainability, Inc., Delaware Riverkeeper Network, National Parks Conservation Association, Riverkeeper, Inc., The Delaware Riverkeeper, The Hudson Riverkeeper. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Davenport, Jane) (Entered: 05/09/2012)
	Request

73	Filed: 4/18/2012, Entered: None
	ORDER: The court will proceed in the following manner. It will resolve Defendants' motion to dismiss for lack of subject matter jurisdiction first. If the court grants that motion, Defendant-Intervenors' motion will be moot. Cf. id. at *3 n.12. If it denies that motion, it will consider putative Defendant Intervenors' motion to intervene. If it denies that motion, it will consider Plaintiffs' letter motion to strike, and will likely grant it on the ground that an amicus curiae does not have a right to submit factual declarations to the court. If the court grants the intervention motion, it will deny the motion to strike. However, the court is aware that Plaintiff State of New York will be burdened by the requirement to respond to putative Intervenors' factual declarations. Therefore the court will not require New York to bear that burden at this time; if the double contingency described above (denial of the motion to dismiss for lack of subject matter jurisdiction and grant of the motion to intervene) comes to pass and the court finds that the factual disputes between Plaintiff's and putative Intervenors' declarations are material, the court will grant New York leave to file supplemental factual declarations. Ordered by Judge Nicholas G. Garaufis on 4/18/2012. re (64 in 1:11-cv-03857-NGG-CLP, 74 in 1:11-cv-03780-NGG-CLP, 70 in 1:11-cv-02599-NGG-CLP) Letter MOTION to Strike filed by State Of New York. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Lee, Tiffeny) (Entered: 04/19/2012)
	Request

72	Filed: 4/11/2012, Entered: None
	Letter respectfully requesting that pre-motion conference be scheduled on or after April 16, 2012 in the event the Court grants Plaintiff's request (Docket entry #70) by Peter A. DeLuca, Rowan W. Gould, Lisa Jackson, Jonathan B. Jarvis, Kenneth Salazar, United States Army Corps of Engineers, United States Department of the Interior, United States Environmental Protection Agency, United States Fish and Wildlife Service, United States National Park Service, Peter A. DeLuca Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Levy, Sandra) (Entered: 04/11/2012)
	Request

71	Filed: 4/11/2012, Entered: None
	Letter in Response by American Petroleum Institute, INDEPENDENT PETROLEUM ASSOCIATION OF AMERICA,, US OIL & GAS ASSOCIATION, Independent Petroleum Association of America Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Boxerman, Samuel) (Entered: 04/11/2012)
	Request

70	Filed: 4/10/2012, Entered: None
	Motion to Strike filed as Letter MOTION for pre motion conference by State Of New York. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Frank, Andrew) Converted on 4/19/2012 to Motion to Strike as per 4/18/2012 Order of Judge Garaufis (Lee, Tiffeny). (Entered: 04/10/2012)
	Request

69	Filed: 3/14/2012, Entered: None
	MOTION to Amend/Correct/Supplement /for amended briefing schedule and other items set forth in letter, on consent of all parties, and filed by Peter A. DeLuca, Rowan W. Gould, Lisa Jackson, Jonathan B. Jarvis, Kenneth Salazar, United States Army Corps of Engineers, United States Department of the Interior, United States Environmental Protection Agency, United States Fish and Wildlife Service, United States National Park Service, Peter A. DeLuca. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Levy, Sandra) (Entered: 03/14/2012)
	Request

68	Filed: 2/22/2012, Entered: None
	ORDER granting 67 Motion for Leave to Appear Pro Hac Vice as to Kenneth J. Warren. Ordered by Judge Nicholas G. Garaufis on 2/17/2012. (Lee, Tiffeny) (Entered: 02/22/2012)
	Request

67	Filed: 2/17/2012, Entered: None
	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5316326. by Carol Collier, Delaware River Basin Commission. (Warren, Kenneth) (Entered: 02/17/2012)
	Request

66	Filed: 2/14/2012, Entered: None
	ORDER granting (58) Motion for Leave to Appear pro hac vice as to Jon Alan Mueller in case 1:11-cv-02599-NGG-CLP; granting (67) Motion for Leave to Appear pro hac vice in case 1:11-cv-03780-NGG-CLP; granting (57) Motion for Leave to Appear pro hac vice in case 1:11-cv-03857-NGG-CLP. Ordered by Judge Nicholas G. Garaufis on 2/13/2012. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Lee, Tiffeny) (Entered: 02/14/2012)


65	Filed: 2/13/2012, Entered: None
	Letter re: Notice of Motion for Leave to File Amicus Brief by Chesapeake Bay Foundation Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Mueller, Jon) (Entered: 02/13/2012)
	Request

64	Filed: 2/13/2012, Entered: None
	Letter regarding 62 Motion for Leave to File Memorandum of Law Amicus Curiae by New York City Council. (Axelrod, Lauren) Modified descriptive text on 2/14/2012 (Lee, Tiffeny). (Entered: 02/13/2012)
	Request

63	Filed: 2/13/2012, Entered: None
	MEMORANDUM OF LAW OF PROPOSED AMICUS CURIAE re 62 Motion for Leave to File Memorandum of Law Amicus Curiae by New York City Council. (Axelrod, Lauren) Modified descriptive text on 2/14/2012 (Lee, Tiffeny). (Entered: 02/13/2012)
	Request

62	Filed: 2/13/2012, Entered: None
	MOTION for Leave to File Memorandum of Law Amicus Curiae by New York City Council. (Axelrod, Lauren) (Entered: 02/13/2012)
	Request

61	Filed: 2/13/2012, Entered: None
	Notice of MOTION to Amend/Correct/Supplement Motion for Leave to file Amicus by Philadelphia City Council. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Bricklin, Shoshana) (Entered: 02/13/2012)
	Request

60	Filed: 2/13/2012, Entered: None
	Notice of MOTION to Amend/Correct/Supplement to Admit Counsel Pro Hac Vice by Philadelphia City Council. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Bricklin, Shoshana) (Entered: 02/13/2012)
	Request

59	Filed: 2/13/2012, Entered: None
	Notice of MOTION for Leave to File Brief Amicus Curiae by Philadelphia City Council. (Attachments: # 1 Declaration, # 2 Memorandum in Support, # 3 Appendix) Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Bricklin, Shoshana) (Entered: 02/13/2012)
	Request

58	Filed: 2/13/2012, Entered: None
	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5304489. by Chesapeake Bay Foundation. (Attachments: # 1 Notice of Motion for Leave to Appear Pro Hac Vice, # 2 Declaration of Jon A. Mueller, # 3 Exhibit Good Standing Certificates, # 4 Proposed Order) Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Mueller, Jon) (Main Document 58 replaced on 2/13/2012) (Brucella, Michelle). (Entered: 02/13/2012)
	Request

57	Filed: 2/6/2012, Entered: None
	MOTION for Leave to Appear Pro Hac Vice re Shoshana Bricklin by Philadelphia City Council. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Lee, Tiffeny) (Entered: 02/09/2012)
	Request

56	Filed: 1/31/2012, Entered: None
	Letter Conveying NYC Comments by City of New York (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit) (Meltzer, Hilary) (Entered: 01/31/2012)
	Request

55	Filed: 12/12/2011, Entered: None
	Memorandum. For reasons explained in the attached memorandum, the court invites the City of New York to participate in the consolidated actions as amicus curiae. Issued by Judge Nicholas G. Garaufis on 12/12/2011. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP. (Townsend, Jesse) (Entered: 12/12/2011)


54	Filed: 12/6/2011, Entered: None
	Letter in Opposition to Docket # 53 by American Petroleum Institute, Independent Petroleum Association of America, US Oil & Gas Association (Boxerman, Samuel) (Entered: 12/06/2011)
	Request

53	Filed: 12/6/2011, Entered: None
	MOTION for pre motion conference in which DRBC Defendants and Federal Defendants will seek leave to file motions to dismiss the amended complaint of NYS; Defendants also move for extension of time to answer the amended complaint and object to Plaintiffs' proposed briefing schedule, filed by Peter A. DeLuca, Rowan W. Gould, Lisa Jackson, Jonathan B. Jarvis, Kenneth Salazar, United States Army Corps of Engineers, United States Department of the Interior, United States Environmental Protection Agency, United States Fish and Wildlife Service, United States National Park Service, Peter A. DeLuca. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Levy, Sandra) (Entered: 12/06/2011)
	Request

52	Filed: 12/5/2011, Entered: None
	Letter MOTION for pre motion conference by State Of New York. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03857-NGG-CLP (Bein, Philip) (Entered: 12/05/2011)
	Request

51	Filed: 11/22/2011, Entered: None
	AMENDED COMPLAINT of State of New York against Carol Collier, Peter A. DeLuca, Delaware River Basin Commission, Rowan W. Gould, Lisa Jackson, Jonathan B. Jarvis, Kenneth Salazar, United States Army Corps of Engineers, United States Department of the Interior, United States Environmental Protection Agency, United States Fish and Wildlife Service, United States National Park Service, Carol Collier, Peter A. DeLuca, filed by State Of New York.Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Bein, Philip) (Entered: 11/22/2011)
	Request

50	Filed: 11/9/2011, Entered: None
	ORDER granting (48) Motion for Extension of Time to File in case 1:11-cv-02599-NGG-CLP; granting (58) Motion for Extension of Time to File in case 1:11-cv-03780-NGG-CLP; granting (48) Motion for Extension of Time to File in case 1:11-cv-03857-NGG-CLP. Ordered by Judge Nicholas G. Garaufis on 11/8/2011. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Lee, Tiffeny) (Entered: 11/09/2011)
	Request

49	Filed: 11/7/2011, Entered: None
	NOTICE of Appearance by Andrew G. Frank on behalf of State Of New York (aty to be noticed) (Frank, Andrew) (Entered: 11/07/2011)
	Request

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48	Filed: 11/7/2011, Entered: None
	Letter MOTION for Extension of Time to File papers responding to dispositive motions by State Of New York. Associated Cases: 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP (Bein, Philip) (Entered: 11/07/2011)
	Request

47	Filed: 11/4/2011, Entered: None
	ORDER: The Susquehanna River Basin Commission is granted leave to file an amicus curiae Brief, such Brief to be filed in accordance with the Case Management Order of October 17, 2011 governing filing and service of Briefs. Ordered by Judge Nicholas G. Garaufis on 11/3/2011.(Associated cases 1:11-cv-02599-NGG-CLP, 1:11-cv-03780-NGG-CLP, 1:11-cv-03857-NGG-CLP) (Lee, Tiffeny) (Entered: 11/04/2011)
	Request

46	Filed: 10/17/2011, Entered: 10/17/2011	Order

	Request

45	Filed: 10/4/2011, Entered: 10/5/2011	Order on Motion For Leave to File.

	Request

44	Filed: 10/4/2011, Entered: 10/4/2011	Reply in Support

	Request

43	Filed: 10/4/2011, Entered: 10/4/2011	Memorandum in Opposition

	Request

42	Filed: 10/4/2011, Entered: 10/4/2011	Memorandum in Opposition

	Request

41	Filed: 9/28/2011, Entered: 9/28/2011	Motion for Leave to File



40	Filed: 9/16/2011, Entered: 9/16/2011	Certificate Of Service.

	Request

39	Filed: 9/16/2011, Entered: 9/16/2011	Memorandum in Opposition

	Request

38	Filed: 8/29/2011, Entered: 8/29/2011	Order on Motion for Leave to Appear

	Request

37	Filed: 8/25/2011, Entered: 8/25/2011	Notice of Appearance

	Request

36	Filed: 8/25/2011, Entered: 8/25/2011	Motion for Leave to Appear Pro Hac Vice

	Request

35	Filed: 8/25/2011, Entered: 8/25/2011	Notice of Appearance

	Request

34	Filed: 8/16/2011, Entered: 8/16/2011	Order on Motion for Leave to Appear

	Request

33	Filed: 8/15/2011, Entered: 8/15/2011	Order

	Request

32	Filed: 8/12/2011, Entered: 8/12/2011	Proposed Scheduling Order

	Request

31	Filed: 8/11/2011, Entered: 8/11/2011	Order on Motion for Leave to Appear

	Request

30	Filed: 8/11/2011, Entered: 8/11/2011	Order on Motion for Leave to Appear

	Request

29	Filed: 8/11/2011, Entered: 8/11/2011	Order on Motion for Leave to Appear

	Request

28	Filed: 8/8/2011, Entered: 8/8/2011	Notice of Appearance

	Request

27	Filed: 8/8/2011, Entered: 8/8/2011	Notice of Appearance

	Request

26	Filed: 8/8/2011, Entered: 8/8/2011	Notice of Appearance

	Request

25	Filed: 8/8/2011, Entered: 8/8/2011	Motion for Leave to Appear Pro Hac Vice

	Request

24	Filed: 8/8/2011, Entered: 8/8/2011	Motion for Leave to Appear Pro Hac Vice

	Request

23	Filed: 8/8/2011, Entered: 8/8/2011	Motion for Leave to Appear Pro Hac Vice

	Request

22	Filed: 8/8/2011, Entered: 8/8/2011	Motion for Leave to Appear Pro Hac Vice

	Request

21	Filed: 8/5/2011, Entered: 8/5/2011	Scheduling Order

	Request

20	Filed: 8/5/2011, Entered: 8/5/2011	Letter

	Request

19	Filed: 8/5/2011, Entered: 8/5/2011	Certificate of Counsel

	Request

18	Filed: 8/5/2011, Entered: 8/5/2011	Affidavit in Support of Motion

	Request

17	Filed: 8/5/2011, Entered: 8/5/2011	Affidavit in Support of Motion

	Request

16	Filed: 8/5/2011, Entered: 8/5/2011	Affidavit in Support of Motion

	Request

15	Filed: 8/5/2011, Entered: 8/5/2011	Affidavit in Support of Motion

	Request

14	Filed: 8/5/2011, Entered: 8/5/2011	Memorandum in Support

	Request

13	Filed: 8/5/2011, Entered: 8/5/2011	Motion to Intervene

	Request

12	Filed: 8/5/2011, Entered: 8/5/2011	Corporate Disclosure Statement

	Request

11	Filed: 8/5/2011, Entered: 8/5/2011	Corporate Disclosure Statement

	Request

10	Filed: 8/5/2011, Entered: 8/5/2011	Corporate Disclosure Statement

	Request

9	Filed: 8/5/2011, Entered: 8/5/2011	Notice of Appearance

	Request

8	Filed: 8/5/2011, Entered: 8/5/2011	Notice of Appearance

	Request

7	Filed: 8/5/2011, Entered: 8/5/2011	Motion for Pre Motion Conference

	Request

6	Filed: 8/4/2011, Entered: 8/4/2011	Motion to Consolidate Cases

	Request

5	Filed: 8/4/2011, Entered: 8/4/2011	Motion to Reassign Case

	Request

4	Filed: 8/1/2011, Entered: 8/1/2011	Letter

	Request

3	Filed: 8/1/2011, Entered: 8/1/2011	Motion for Pre Motion Conference

	Request

2	Filed: 6/13/2011, Entered: 6/13/2011	Summons Returned Executed as to USA

	Request

1	Filed: 5/31/2011, Entered: 5/31/2011	Complaint
	COMPLAINT against Peter A. DeLuca, Rowan W. Gould, Lisa Jackson, Jonathan B. Jarvis, Kenneth Salazar, United States Army Corps of Engineers, United States Department of the Interior, United States Environmental Protection Agency, United States Fish and Wildlife Service, United States National Park Service Disclosure Statement on Civil Cover Sheet completed -yes,, filed by State Of New York. (Attachments: # 1 Civil Cover Sheet) (Siegfried, Evan) (Entered: 05/31/2011)
	Request

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