CLERK'S ORDER [1657842] filed granting motion to extend time [1656973-2]; extending Special Panel order concerning briefing format [1654072-5]; directing party to file briefing format - Proposed formats due 03/20/2017 [13-1108, 13-1289, 13-1290, 13-1292, 13-1293, 13-1294, 15-1040, 15-1041, 15-1042, 15-1043, 15-1044, 16-1242, 16-1257, 16-1262, 16-1263, 16-1264, 16-1266, 16-1267, 16-1269, 16-1270]
JOINT MOTION [1656973] to extend time to file motion to 03/20/2017. (Response to Motion served by mail due on 02/02/2017) filed by State of North Dakota in 16-1242, State of Texas in 16-1257, Western Energy Alliance in 16-1266, Texas Oil and Gas Association in 16-1269, American Petroleum Institute in 16-1270, Commonwealth of Kentucky, Commonwealth of Kentucky Energy and Environment Cabinet, Bill Schuette, State of Alabama, State of Arizona, State of Kansas, State of Louisiana, State of Montana, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of West Virginia and State of Wisconsin in 16-1264, American Exploration & Production Council, Domestic Energy Producers Alliance, Eastern Kansas Oil & Gas Association, Illinois Oil and Gas Association, Independent Oil & Gas Association of West Virginia, Independent Petroleum Association of America, Indiana Oil and Gas Association, International Association of Drilling Contractors, Kansas Independent Oil and Gas Association, Kentucky Oil and Gas Association, Michigan Oil and Gas Association, National Stripper Well Association, North Dakota Petroleum Council, Ohio Oil and Gas Association, Oklahoma Independent Petroleum Association, Pennsylvania Independent Oil & Gas Association, Texas Alliance of Energy Producers, Texas Independent Producers and Royalty Owners Association and West Virginia Oil and Natural Gas Association in 16-1262, Interstate Natural Gas Association of America in 16-1263
(Service Date: 01/23/2017 by CM/ECF NDA) Length Certification: 528 Words. [13-1108, 13-1289, 13-1290, 13-1292, 13-1293, 13-1294, 15-1040, 15-1041, 15-1042, 15-1043, 15-1044, 16-1242, 16-1257, 16-1262, 16-1263, 16-1264, 16-1266, 16-1267, 16-1269, 16-1270] (Wehrum, William)
PER CURIAM ORDER [1654072] filed ORDERED that the above-captioned cases be consolidated. FURTHER ORDERED that the challenge to the 2012 new source performance standards brought by petitioners Natural Resources Defense Council, et al., be severed from the above-captioned cases, and assigned to a new docket, No. 16-1425, Natural Res. Def. Council v. EPA, and held in abeyance pending further order of the court. FURTHER ORDERED that, within 30 days of the date of this order, the parties submit a proposed format and schedule for the briefing of all the issues in Nos. 13-1108, et al., without bifurcation of the issues. (SEE ORDER FOR ADDITIONAL DETAILS) Before Judges: Henderson, Tatel and Srinivasan. [13-1108, 13-1289, 13-1290, 13-1292, 13-1293, 13-1294, 15-1040, 15-1041, 15-1042, 15-1043, 15-1044, 16-1242, 16-1257, 16-1262, 16-1263, 16-1264, 16-1266, 16-1267, 16-1269, 16-1270, 16-1425]
NOTICE [1651078] filed to withdraw attorney Mitchel T. Denham who represented Commonwealth of Kentucky in 16-1264 filed by Commonwealth of Kentucky
[Service Date: 12/14/2016 ] [16-1264] (Denham, Mitchel)
REPLY [1645884] filed by State of North Dakota in 16-1242, American Petroleum Institute, Illinois Oil and Gas Association, Independent Oil and Gas Association of West Virginia, Inc., Independent Petroleum Association of America, Indiana Oil and Gas Association, Kentucky Oil and Gas Association, Ohio Oil and Gas Association, Pennsylvania Independent Oil & Gas Association, Texas Oil and Gas Association and American Petroleum Institute, Illinois Oil and Gas Association, Independent Oil and Gas Association of West Virginia, Inc., Independent Petroleum Association of America, Indiana Oil and Gas Association, Kentucky Oil and Gas Association, Ohio Oil and Gas Association, Pennsylvania Independent Oil & Gas Association and Texas Oil and Gas Association in 13-1108, American Petroleum Institute in 13-1289, Texas Oil and Gas Association in 13-1292, Illinois Oil and Gas Association, Independent Oil and Gas Association of West Virginia, Inc., Independent Petroleum Association of America, Indiana Oil and Gas Association, Kentucky Oil and Gas Association, Ohio Oil and Gas Association, Pennsylvania Independent Oil & Gas Association and Virginia Oil & Gas Association in 13-1293, Western Energy Alliance in 13-1294, 15-1042, 15-1040, 15-1043, 15-1044, State of Texas in 16-1257, 16-1266, 16-1269, 16-1270, Commonwealth of Kentucky, Commonwealth of Kentucky Energy and Environment Cabinet, Bill Schuette, State of Alabama, State of Arizona, State of Kansas, State of Louisiana, State of Montana, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of West Virginia and State of Wisconsin in 16-1264, American Exploration & Production Council, Domestic Energy Producers Alliance, Eastern Kansas Oil & Gas Association, Illinois Oil and Gas Association, Independent Oil & Gas Association of West Virginia, Independent Petroleum Association of America, Indiana Oil and Gas Association, International Association of Drilling Contractors, Kansas Independent Oil and Gas Association, Kentucky Oil and Gas Association, Michigan Oil and Gas Association, National Stripper Well Association, North Dakota Petroleum Council, Ohio Oil and Gas Association, Oklahoma Independent Petroleum Association, Pennsylvania Independent Oil & Gas Association, Texas Alliance of Energy Producers, Texas Independent Producers and Royalty Owners Association and West Virginia Oil and Natural Gas Association in 16-1262, Interstate Natural Gas Association of America in 16-1263, GPA Midstream Association in 16-1267
to response [1644526-2], [1644519-2]
[Service Date: 11/14/2016 by CM/ECF NDA] Pages: 16-20. [16-1242, 13-1108, 13-1289, 13-1290, 13-1292, 13-1293, 13-1294, 15-1040, 15-1041, 15-1042, 15-1043, 15-1044, 16-1257, 16-1262, 16-1263, 16-1264, 16-1266, 16-1267, 16-1269, 16-1270] (Seby, Paul)
ENTRY OF APPEARANCE [1645798] filed by Thomas M. Johnson, Jr. and co-counsel Katlyn M. Miller on behalf of Petitioner State of West Virginia in 16-1264. [16-1242, 16-1264] (Johnson, Thomas)
ENTRY OF APPEARANCE [1645283] filed by BENNA RUTH SOLOMON on behalf of Movant-Intervenor for Respondent City of Chicago in 16-1242, 16-1257, 16-1266, 16-1269, 16-1270, 16-1264, 16-1262, 16-1263, 16-1267. [16-1242, 16-1257, 16-1262, 16-1263, 16-1264, 16-1266, 16-1267, 16-1269, 16-1270] (Solomon, Benna)
RESPONSE IN OPPOSITION [1644519] filed to motion to govern future proceedings [1642341-2] filed by City of Chicago, Clean Air Council, Commonwealth of Massachusetts, Earthworks, Environmental Defense Fund, Environmental Integrity Project, Natural Resources Defense Council, Sierra Club, State of California, State of Connecticut, State of Maryland, State of New Mexico, State of Oregon, State of Rhode Island, State of Vermont and State of Washington in 16-1242, Clean Air Council, Environmental Defense Fund, Natural Resources Defense Council, Sierra Club and Clean Air Council, Environmental Defense Fund, Natural Resources Defense Council and Sierra Club in 13-1108, Clean Air Council, Environmental Defense Fund, Natural Resources Defense Council and Sierra Club in 13-1289, 15-1042, 15-1040, 15-1041, 15-1043, 15-1044, 16-1257, 16-1266, 16-1269, 16-1270, 16-1264, 16-1262, 16-1263, 16-1267 [Service Date: 11/03/2016 by CM/ECF NDA]
Pages: 11-15. [16-1242, 13-1108, 13-1289, 13-1290, 13-1292, 13-1293, 13-1294, 15-1040, 15-1041, 15-1042, 15-1043, 15-1044, 16-1257, 16-1262, 16-1263, 16-1264, 16-1266, 16-1267, 16-1269, 16-1270] (Weaver, Susannah)
NOTICE [1644335] filed to substitute attorney Tannis L. Fox substituted by William Grantham filed by State of New Mexico
[Service Date: 11/02/2016 ] [16-1242] (Grantham, William)
ENTRY OF APPEARANCE [1644329] filed by William Grantham on behalf of Movant-Intervenor for Respondent State of New Mexico. [16-1242] (Grantham, William)
MOTION [1642341] filed to govern future proceedings. (Response to Motion served by mail due on 11/03/2016) filed by State of North Dakota in 16-1242, American Petroleum Institute, Illinois Oil and Gas Association, Independent Oil and Gas Association of West Virginia, Inc., Independent Petroleum Association of America, Indiana Oil and Gas Association, Kentucky Oil and Gas Association, Ohio Oil and Gas Association, Pennsylvania Independent Oil & Gas Association and Texas Oil and Gas Association in 13-1108, American Petroleum Institute in 13-1289, Texas Oil and Gas Association in 13-1292, Illinois Oil and Gas Association, Independent Oil and Gas Association of West Virginia, Inc., Indiana Oil and Gas Association, Kentucky Oil and Gas Association, Ohio Oil and Gas Association, Pennsylvania Independent Oil & Gas Association and Virginia Oil & Gas Association in 13-1293, Western Energy Alliance in 13-1294, 15-1042, 15-1040, 15-1043, 15-1044, State of Texas in 16-1257, 16-1266, 16-1269, 16-1270, Commonwealth of Kentucky, Commonwealth of Kentucky Energy and Environment Cabinet, Bill Schuette, State of Alabama, State of Arizona, State of Kansas, State of Louisiana, State of Montana, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of West Virginia and State of Wisconsin in 16-1264, American Exploration & Production Council, Domestic Energy Producers Alliance, Eastern Kansas Oil & Gas Association, Illinois Oil and Gas Association, Independent Oil & Gas Association of West Virginia, Independent Petroleum Association of America, Indiana Oil and Gas Association, International Association of Drilling Contractors, Kansas Independent Oil and Gas Association, Kentucky Oil and Gas Association, Michigan Oil and Gas Association, National Stripper Well Association, North Dakota Petroleum Council, Ohio Oil and Gas Association, Oklahoma Independent Petroleum Association, Pennsylvania Independent Oil & Gas Association, Texas Alliance of Energy Producers, Texas Independent Producers and Royalty Owners Association and West Virginia Oil and Natural Gas Association in 16-1262, Interstate Natural Gas Association of America in 16-1263 [Service Date: 10/21/2016 by CM/ECF NDA]
Pages: 16-20. [16-1242, 13-1108, 13-1289, 13-1290, 13-1292, 13-1293, 13-1294, 15-1040, 15-1041, 15-1042, 15-1043, 15-1044, 16-1257, 16-1262, 16-1263, 16-1264, 16-1266, 16-1267, 16-1269, 16-1270] (Seby, Paul)
ENTRY OF APPEARANCE [1640083] filed by Kavita P. Lesser and co-counsel Daniel M. Lucas on behalf of Movant-Intervenor for Respondent State of California. [16-1242] (Lesser, Kavita)
ENTRY OF APPEARANCE [1628310] filed by Amanda Shafer Berman on behalf of Respondent EPA in 15-1040, Respondents EPA and Gina McCarthy in 15-1042, 15-1041, Respondents EPA and Regina A. McCarthy in 15-1043, 15-1044. [15-1040, 15-1041, 15-1042, 15-1043, 15-1044] (Berman, Amanda)
REPORT [1610957] filed by EPA in 15-1040, EPA and Gina McCarthy in 15-1042, 15-1041, EPA and Regina A. McCarthy in 15-1043
abeyance status : Reconsideration proceedings ongoing.
[Service Date: 04/28/2016 ] [15-1040, 15-1041, 15-1042, 15-1043] (Lynk, Brian)
REPORT [1596095] filed by EPA in 15-1040, 15-1042, 15-1041, EPA and Regina A. McCarthy in 15-1043, 15-1044
abeyance status : Reconsideration proceedings ongoing.
[Service Date: 01/29/2016 ] [15-1040, 15-1041, 15-1042, 15-1043, 15-1044] (Lynk, Brian)
REPORT [1578717] filed by EPA in 15-1040, EPA and Gina McCarthy in 15-1042, 15-1041, EPA and Regina A. McCarthy in 15-1043, 15-1044
abeyance status : Administrative reconsideration proceedings ongoing..
[Service Date: 10/19/2015 ] [15-1040, 15-1041, 15-1042, 15-1043, 15-1044] (Lynk, Brian)
CLERK'S ORDER filed [1548949] granting motion to govern future proceedings [1545460-2], holding cases in abeyance. Cases 15-1040,15-1041,15-1042,15-1043,15-1044 held in abeyance pending decision from proceedings at agency. Motions to govern future proceedings due 30 days from completion of agency proceedings; directing party to file abeyance status report due by 07/22/2015 [15-1040, 15-1041, 15-1042, 15-1043, 15-1044]
CORRECTED STATEMENT OF ISSUES [1546018] filed by Illinois Oil and Gas Association, Independent Oil and Gas Association of West Virginia, Inc., Independent Petroleum Association of America, Indiana Oil and Gas Association, Kentucky Oil and Gas Association, Ohio Oil and Gas Association, Pennsylvania Independent Oil & Gas Association and Virginia Oil & Gas Association in 15-1040 [Service Date: 04/06/2015 ] [15-1040, 15-1041, 15-1042, 15-1043, 15-1044] (Elliott, James)
CORRECTED DOCKETING STATEMENT [1546016] filed by Independent Oil and Gas Association of West Virginia, Inc. in 15-1040
[Service Date: 04/06/2015 ] [15-1040, 15-1041, 15-1042, 15-1043, 15-1044] (Elliott, James)
ENTRY OF APPEARANCE [1545917] filed by Brian H. Lynk on behalf of Respondent EPA in 15-1040, Respondents EPA and Gina McCarthy in 15-1042, 15-1041, Respondents EPA and Regina A. McCarthy in 15-1043, 15-1044. [15-1040, 15-1041, 15-1042, 15-1043, 15-1044] (Lynk, Brian)
CONSENT MOTION filed [1545460] by Western Energy Alliance in 15-1043 to govern future proceedings. (Response to Motion served by mail due on 04/16/2015)
[Service Date: 04/01/2015 by CM/ECF NDA]
Pages: 1-10. [15-1040, 15-1041, 15-1042, 15-1043, 15-1044] (Waeckerlin, Eric)
UNDERLYING DECISION IN CASE submitted [1545456] by Texas Oil and Gas Association in 15-1042
[Service Date: 04/01/2015 ] [15-1042, 15-1040] (Broome, Shannon)
STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1545455] filed by Texas Oil and Gas Association in 15-1042
[Service Date: 04/01/2015 ] Intent: AppxDeferred [15-1042, 15-1040] (Broome, Shannon)
CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1545454] filed by Texas Oil and Gas Association in 15-1042
[Service Date: 04/01/2015 ] [15-1042, 15-1040] (Broome, Shannon)
MODIFIED PARTY FILER--MOTION filed [1545006] by Natural Resources Defense Council, Environmental Defense Fund, Sierra Club, and Clean Air Council for leave to intervene [Disclosure Listing: Attached] [Service Date: 03/30/2015 ] [15-1040, 15-1041, 15-1042, 15-1043, 15-1044]--[Edited 03/31/2015 by JJA] (Ballo, Tim)
CLERK'S ORDER filed [1540629] consolidating cases; directing party to file in 15-1040, 15-1041, 15-1043, 15-1044 initial submissions: PETITIONER docketing statement due 04/03/2015. PETITIONER statement of issues due 04/03/2015. [15-1040, 15-1041, 15-1042, 15-1043, 15-1044]
PETITION FOR REVIEW filed [1540367] by Illinois Oil and Gas Association, Independent Oil and Gas Association of West Virginia, Inc., Independent Petroleum Association of America, Indiana Oil and Gas Association, Kentucky Oil and Gas Association, Ohio Oil and Gas Association, Pennsylvania Independent Oil & Gas Association and Virginia Oil & Gas Association of a decision by federal agency [Service Date: 02/26/2015 ].
Disclosure Statement: Attached; Certificate of Parties: Not Applicable to this Filing. [15-1040]