Carbon Capture and Storage Scientists, Roger Aines, Sally Benson, S. Julio Friedmann, Jon Gibbins, Raghubir Gupta, Howard Herzog, Susan Hovorka, Meagan Mauter, Ah-Hyung (Alissa) Park, Gary Rochelle and Jennifer Wilcox, Amicus Curiae for Respondent
ENTRY OF APPEARANCE [1782084] filed by Sarah Adkins on behalf of Petitioner Commonwealth of Kentucky in 15-1399, 16-1220. [15-1399, 16-1220] (Adkins, Sarah) [Entered: 04/10/2019 10:55 AM]
ENTRY OF APPEARANCE [1781052] filed by Lindsay S. See and co-counsel Zachary A. Viglianco on behalf of Petitioner State of West Virginia in 15-1399, 16-1220. [15-1399, 16-1220] (See, Lindsay) [Entered: 04/04/2019 09:26 AM]
CLERK'S ORDER [1778825] filed granting motion to terminate party in case [1774394-2]. The Clerk is directed to note the docket to reflect the withdrawal of Gulf Power Company as a petitioner in these consolidated cases. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] [Entered: 03/22/2019 09:39 AM]
NOTICE [1776167] to substitute attorney Eric E. Murphy substituted by Benjamin M. Flowers filed by State of Ohio [Service Date: 03/05/2019 ] [16-1220] (Flowers, Benjamin) [Entered: 03/05/2019 03:55 PM]
NOTICE [1776153] to substitute attorney Eric E. Murphy substituted by Benjamin M. Flowers filed by State of Ohio [Service Date: 03/05/2019 ] [15-1399] (Flowers, Benjamin) [Entered: 03/05/2019 03:32 PM]
MOTION [1774394] to terminate party filed by Gulf Power Company in 15-1468 (Service Date: 02/22/2019 by CM/ECF NDA) Length Certification: 64 words.. [15-1381, 15-1468] (Alves, James) [Entered: 02/22/2019 10:36 AM]
CLERK'S ORDER [1772109] filed granting motion to terminate party in case [1769126-2] in 15-1381, 15-1399 State of Michigan in 15-1399 [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] [Entered: 02/06/2019 08:34 AM]
PER CURIAM ORDER [1770482] filed denying motion to extend time [1769491-2]. Respondent is directed to file a status report within three days of the date of this order. Before Judges: Henderson, Rogers and Wilkins. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] [Entered: 01/28/2019 01:55 PM]
ENTRY OF APPEARANCE [1770011] filed by Vera Pardee on behalf of Intervenor for Respondent Sierra Club. [15-1381] (Pardee, Vera) [Entered: 01/24/2019 12:44 PM]
MOTION [1769126] to withdraw party filed by State of Michigan in 15-1399 (Service Date: 01/18/2019 by CM/ECF NDA) Length Certification: 66 words. [15-1381, 15-1399]--[Edited 01/18/2019 by AY] (Gordon, Neil) [Entered: 01/18/2019 12:17 PM]
NOTICE [1769092] to withdraw attorney Steven George McKinney who represented Alabama Power Company in 15-1468 filed by Alabama Power Company in 15-1468 [Service Date: 01/18/2019 ] [15-1468, 15-1381] (Moore, C.) [Entered: 01/18/2019 11:35 AM]
NOTICE [1769047] to withdraw attorney Ben H. Stone who represented Mississippi Power Company in 15-1468, Terese T. Wyly who represented Mississippi Power Company in 15-1468 filed by Mississippi Power Company [Service Date: 01/18/2019 ] [15-1468] (Pettis, Michael) [Entered: 01/18/2019 10:27 AM]
ENTRY OF APPEARANCE [1768856] filed by M. Brant Pettis on behalf of Petitioner Mississippi Power Company. [15-1468] (Pettis, Michael) [Entered: 01/17/2019 12:09 PM]
NOTICE [1767822] to withdraw attorney Peter S. Glaser who represented National Mining Association in 15-1456 filed by National Association of Manufacturers in 15-1469 [Service Date: 01/10/2019 ] [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (McGuffey, Carroll) [Entered: 01/10/2019 11:43 AM]
NOTICE [1766407] to substitute attorney Misha Tseytlin and Delanie M. Breuer substituted by Luke N. Berg filed by State of Wisconsin in 15-1399, 16-1220 [Service Date: 12/31/2018 ] [15-1399, 16-1220] (Berg, Luke) [Entered: 12/31/2018 11:50 AM]
NOTICE [1761970] to withdraw attorney Vera P. Pardee who represented Center for Biological Diversity in 15-1381 filed by Center for Biological Diversity [Service Date: 11/28/2018 ] [15-1381] (Crystal, Howard) [Entered: 11/28/2018 05:27 PM]
ENTRY OF APPEARANCE [1758336] filed by Shay Dvoretzky and co-counsel Charles T. Wehland on behalf of Petitioner Peabody Energy Corporation in 15-1438. [15-1381, 15-1438] (Wehland, Charles) [Entered: 11/02/2018 12:28 AM]
NOTICE [1750206] to withdraw attorney Spencer Brimmer Bowman who represented State of Louisiana Department of Environmental Quality in 15-1399 filed by State of Louisiana Department of Environmental Quality in 15-1399 [Service Date: 09/12/2018 ] [15-1381, 15-1399] (Goudeau, Charlotte) [Entered: 09/12/2018 01:32 PM]
NOTICE [1747164] to withdraw attorney Tristan Layle Duncan who represented Peabody Energy Corporation in 15-1438, Thomas James Grever who represented Peabody Energy Corporation in 15-1438, Laurence H. Tribe who represented Peabody Energy Corporation in 15-1438 filed by Peabody Energy Corporation in 15-1438 [Service Date: 08/23/2018 ] [15-1438, 15-1381] (Duncan, Tristan) [Entered: 08/23/2018 05:22 PM]
ENTRY OF APPEARANCE [1728393] filed by Daniel I. Rottenberg on behalf of Intervenor for Respondent State of Illinois. [15-1381] (Rottenberg, Daniel) [Entered: 04/26/2018 05:33 PM]
NOTICE [1720656] to withdraw attorney Erica Peterson who represented State of West Virginia in 15-1399 filed by State of West Virginia in 15-1399, 16-1220 [Service Date: 03/05/2018 ] [15-1399, 16-1220] (Martin, Paul) [Entered: 03/05/2018 03:15 PM]
ENTRY OF APPEARANCE [1720649] filed by Paul Anthony Martin, Chief Deputy Attorney General on behalf of Petitioner State of West Virginia in 15-1399, 16-1220. [15-1399, 16-1220] (Martin, Paul) [Entered: 03/05/2018 03:07 PM]
NOTICE [1714377] to withdraw attorney Jonathan L. Williams who represented State of Florida in 15-1399 filed by State of Florida in 15-1399 [Service Date: 01/24/2018 ] [15-1381, 15-1399] (Pratt, Jordan) [Entered: 01/24/2018 09:38 AM]
ENTRY OF APPEARANCE [1714284] filed by Jordan E. Pratt on behalf of Petitioner State of Florida in 15-1399. [15-1399, 15-1381] (Pratt, Jordan) [Entered: 01/23/2018 02:58 PM]
NOTICE [1713794] to withdraw attorney Kevin Patrick Bundy who represented Center for Biological Diversity, Center for Biological Diversity and Center for Biological Diversity in 15-1381 filed by Center for Biological Diversity in 15-1381, 16-1218, 16-1220, 16-1221, 16-1227 [Service Date: 01/19/2018 ] [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1482, 15-1481, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Pardee, Vera) [Entered: 01/19/2018 02:41 PM]
NOTICE [1701701] to withdraw attorney Thomas Michael Johnson Jr. who represented State of West Virginia in 15-1399 filed by State of West Virginia in 15-1399 [Service Date: 10/27/2017 ] [15-1399, 15-1381, 15-1396, 15-1397, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Peterson, Erica) [Entered: 10/27/2017 09:21 AM]
ENTRY OF APPEARANCE [1700846] filed by Erica N. Peterson on behalf of Petitioner State of West Virginia in 15-1399. [15-1399, 15-1381, 15-1396, 15-1397, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Peterson, Erica) [Entered: 10/23/2017 12:16 PM]
ENTRY OF APPEARANCE [1697045] filed by Samuel R. Flynn on behalf of Petitioner Commonwealth of Kentucky in 16-1220. [16-1220, 15-1381] (Flynn, Samuel) [Entered: 10/05/2017 09:27 AM]
ENTRY OF APPEARANCE [1697041] filed by Samuel R. Flynn on behalf of Petitioner Commonwealth of Kentucky in 15-1399. [15-1399, 15-1381] (Flynn, Samuel) [Entered: 10/05/2017 09:20 AM]
NOTICE [1690294] to withdraw attorney Wendlene M. Lavey who represented Murray Energy Corporation in 15-1396 filed by Murray Energy Corporation in 15-1396 [Service Date: 08/25/2017 ] [15-1396, 15-1381] (Lavey, Wendlene) [Entered: 08/25/2017 04:27 PM]
NOTICE [1688359] to terminate attorney filed by State of West Virginia in 15-1399, 16-1220 [Service Date: 08/11/2017 ] [15-1381, 15-1399, 16-1220] (Lin, Elbert) [Entered: 08/11/2017 11:36 AM]
PER CURIAM ORDER [1688176] filed, on the court’s own motion, that these cases remain held in abeyance pending further order of the court. Respondent is directed to file status reports at 90-day intervals beginning October 27, 2017. The parties are directed to file motions to govern future proceedings in these cases within 30 days of the conclusion of EPA’s proceedings. Before Judges: Henderson, Srinivasan and Pillard. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] [Entered: 08/10/2017 01:29 PM]
NOTICE [1687189] to withdraw attorney Elizabeth Anne Morrisseau who represented State of Wyoming in 15-1399 filed by State of Wyoming in 16-1220 [Service Date: 08/03/2017 ] [16-1220, 15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1221, 16-1227] (Morrisseau, Elizabeth) [Entered: 08/03/2017 01:58 PM]
NOTICE [1686181] to withdraw attorney Robert David Cheren who represented Murray Energy Corporation in 16-1218 filed by Murray Energy Corporation in 16-1218 [Service Date: 07/27/2017 ] [16-1218, 16-1220, 16-1221, 16-1227] (Lavey, Wendlene) [Entered: 07/27/2017 03:08 PM]
NOTICE [1683330] to withdraw attorney Sheldon Gilbert who represented Chamber of Commerce of the United States of America in 15-1469 filed by American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469 [Service Date: 07/10/2017 ] [15-1469, 15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Keisler, Peter) [Entered: 07/10/2017 05:34 PM]
NOTICE [1682042] to withdraw attorney Steven Beuregard Jones who represented State of Louisiana in 15-1399 filed by State of Louisiana [Service Date: 06/29/2017 ] [15-1399] (Vorhoff, Harry) [Entered: 06/29/2017 04:20 PM]
ENTRY OF APPEARANCE [1681554] filed by Elizabeth B. Murrill and co-counsel Harry J. Vorhoff on behalf of Petitioner State of Louisiana. [15-1399] (Vorhoff, Harry) [Entered: 06/27/2017 02:24 PM]
INTERVENOR FOR RESPONDENT SUPPLEMENTAL BRIEF [1675248] filed by City of New York, Commonwealth of Massachusetts, Commonwealth of Virginia, DC, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maine, State of Maryland, State of Minnesota, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont and State of Washington in 15-1381 [Service Date: 05/15/2017 ] Length of Brief: 1,746 words. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Sullivan, Timothy) [Entered: 05/15/2017 03:21 PM]
JOINT PETITIONER SUPPLEMENTAL BRIEF [1675242] filed by Gulf Coast Lignite Coalition, Lignite Energy Council and State of North Dakota in 15-1381, Gulf Coast Lignite Coalition, Lignite Energy Council and Murray Energy Corporation in 15-1396, Gulf Coast Lignite Coalition, Lignite Energy Council and Energy & Environment Legal Institute in 15-1397, Gulf Coast Lignite Coalition, Lignite Energy Council and Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 15-1399, Peabody Energy Corporation in 15-1438, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO in 15-1434, American Public Power Association and Utility Air Regulatory Group in 15-1448, National Mining Association in 15-1456, Indiana Utility Group in 15-1458, United Mine Workers of America, AFL-CIO in 15-1463, Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association and Sunflower Electric Power Corporation in 15-1484, Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company in 15-1468, Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC and Sandow Power Company, LLC in 15-1482, American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469, American Coalition for Clean Coal Electricity in 15-1481, Murray Energy Corporation in 16-1218, Energy & Environment Legal Institute in 16-1227, Arizona Corporation Commission, Commonwealth of Kentucky, Louisiana Department of Environmental Quality, Bill Schuette, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 16-1220, 16-1221 [Service Date: 05/15/2017 ] Length of Brief: 1,626 words. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Lin, Elbert) [Entered: 05/15/2017 03:07 PM]
INTERVENOR FOR RESPONDENT SUPPLEMENTAL BRIEF [1675187] filed by Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company and Sacramento Municipal Utility District in 15-1381 [Service Date: 05/15/2017 ] Length of Brief: 628 Words. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Poloncarz, Kevin) [Entered: 05/15/2017 12:48 PM]
NOTICE [1673231] to withdraw attorney James Robert Layton who represented State of Missouri in 15-1399 filed by State of Missouri in 15-1399 [Service Date: 04/28/2017 ] [15-1399, 15-1381] (Sauer, Dean) [Entered: 04/28/2017 03:50 PM]
ENTRY OF APPEARANCE [1673228] filed by D. John Sauer on behalf of Petitioner State of Missouri in 15-1399. [15-1399, 15-1381] (Sauer, Dean) [Entered: 04/28/2017 03:47 PM]
PER CURIAM ORDER [1673072] filed that EPA's motion to hold the cases in abeyance be granted to the extent that these consolidated cases be held in abeyance for 60 days from the date of this order. EPA is directed to file status reports at 30-day intervals beginning 30 days from the date of this order. It is FURTHER ORDERED that the parties file supplemental briefs addressing whether these consolidated cases should be remanded to the agency rather than held in abeyance. The supplemental briefs are due at 4:00 p.m. on May 15, 2017, and may not exceed 3,900 words if produced using a computer or 15 pages if typewritten or handwritten. To the extent possible, the parties are to file jointly. The court looks with extreme disfavor upon duplicative submissions. The parties are to hand-deliver paper copies of their submission to the court by the time and date due. Before Judges: Henderson, Srinivasan and Pillard. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] [Entered: 04/28/2017 10:39 AM]
MOTION [1670766] to withdraw petitioner from petition (Response to Motion served by mail due on 04/24/2017) filed by State of North Carolina Department of Environmental Quality in 15-1399, 16-1220 (Service Date: 04/12/2017 by CM/ECF NDA) Length Certification: 66 words. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Spiller, Asher) [Entered: 04/12/2017 02:50 PM]
ENTRY OF APPEARANCE [1670725] filed by Tomas Carbonell and co-counsel Martha Roberts, Benjamin M. Levitan on behalf of Intervenor for Respondent Environmental Defense Fund. [15-1381] (Levitan, Benjamin) [Entered: 04/12/2017 12:02 PM]
ENTRY OF APPEARANCE [1670070] filed by Howard M. Crystal on behalf of Intervenor for Respondent Center for Biological Diversity. [15-1381] (Crystal, Howard) [Entered: 04/07/2017 11:58 AM]
RESPONSE IN OPPOSITION [1669762] to motion to hold case in abeyance [1668276-2] filed by American Lung Association, Center for Biological Diversity, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Environmental Defense Fund, Natural Resources Defense Council and Sierra Club in 15-1381, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Environmental Defense Fund, Natural Resources Defense Council and Sierra Club in 16-1218, 16-1227, 16-1220, 16-1221 [Service Date: 04/05/2017 by CM/ECF NDA] Length Certification: 4440. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Donahue, Sean) [Entered: 04/05/2017 05:22 PM]
JOINT RESPONSE IN OPPOSITION [1669738] to motion to hold case in abeyance [1668276-2] filed by City of New York, Commonwealth of Massachusetts, Commonwealth of Virginia, DC, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maine, State of Maryland, State of Minnesota, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont and State of Washington [Service Date: 04/05/2017 by CM/ECF NDA] Length Certification: 2,371 words. [15-1381] (Wiener, Jonathan) [Entered: 04/05/2017 04:21 PM]
INCORRECT DOCKET ENTRY-DISREGARD--JOINT RESPONSE IN OPPOSITION [1669724] to motion to hold case in abeyance [1668276-2] filed by State of Connecticut in 15-1381 [Service Date: 04/05/2017 by CM/ECF NDA] Length Certification: 2371 words. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227]--[Edited 04/05/2017 by LMC] (Wiener, Jonathan) [Entered: 04/05/2017 04:02 PM]
NOTICE [1668980] to withdraw attorney Bethany Aryn Davis Noll who represented State of New York in 15-1381 filed by State of New York [Service Date: 03/31/2017 ] [15-1381] (Davis Noll, Bethany) [Entered: 03/31/2017 11:33 PM]
NOTICE [1668636] to withdraw attorney Michael James McGrady who represented State of Wyoming in 15-1399 filed by State of Wyoming in 15-1399, 16-1220 [Service Date: 03/30/2017 ] [15-1381, 15-1399, 16-1220] (McGrady, Michael) [Entered: 03/30/2017 05:09 PM]
CLERK'S ORDER [1668612] filed, on the court’s own motion, that these cases be removed from the April 17, 2017 oral argument calendar pending disposition of the motion to hold cases in abeyance. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] [Entered: 03/30/2017 03:36 PM]
RESPONSE IN SUPPORT [1668604] to motion to hold case in abeyance [1668276-2] filed by Gulf Coast Lignite Coalition, Lignite Energy Council and State of North Dakota in 15-1381, Gulf Coast Lignite Coalition, Lignite Energy Council and Murray Energy Corporation in 15-1396, Gulf Coast Lignite Coalition, Lignite Energy Council and Energy & Environment Legal Institute in 15-1397, Gulf Coast Lignite Coalition, Lignite Energy Council and Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 15-1399, Peabody Energy Corporation in 15-1438, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO in 15-1434, American Public Power Association and Utility Air Regulatory Group in 15-1448, National Mining Association in 15-1456, Indiana Utility Group in 15-1458, United Mine Workers of America, AFL-CIO in 15-1463, Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association and Sunflower Electric Power Corporation in 15-1484, Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company in 15-1468, Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC and Sandow Power Company, LLC in 15-1482, American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469, American Coalition for Clean Coal Electricity in 15-1481, Murray Energy Corporation in 16-1218, Energy & Environment Legal Institute in 16-1227, Arizona Corporation Commission, Commonwealth of Kentucky, Bill Schuette, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 16-1220, 16-1221 [Service Date: 03/30/2017 by CM/ECF NDA] Length Certification: 1,601. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Duncan, Tristan) [Entered: 03/30/2017 02:57 PM]
MOTION [1668276] to hold case in abeyance (Response to Motion served by mail due on 04/07/2017) filed by EPA in 15-1381 (Service Date: 03/28/2017 by CM/ECF NDA) Length Certification: 2,079 words. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Lynk, Brian) [Entered: 03/28/2017 10:41 PM]
NOTICE [1667548] to withdraw attorney Roger Romulus Martella Jr. who represented Portland Cement Association, National Oilseed Processors Association, National Lime Association, National Federation of Independent Business, National Association of Manufacturers, Lignite Energy Council, Electricity Consumers Resource Council, Chamber of Commerce of the United States of America, Brick Industry Association, American Wood Council, American Iron and Steel Institute, American Fuel & Petrochemical Manufacturers, American Foundry Society, American Forest & Paper Association, American Coke and Coal Chemicals Institute and American Chemistry Council in 15-1469 filed by American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469 [Service Date: 03/23/2017 ] [15-1469, 15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Keisler, Peter) [Entered: 03/23/2017 04:28 PM]
JOINT RESPONSE [1666889] to letter oral argument format [1655453-2] filed by Gulf Coast Lignite Coalition, Lignite Energy Council, American Lung Association, Calpine Corporation, Center for Biological Diversity, City of Austin, City of Los Angeles, City of New York, City of Seattle, Clean Air Council, Clean Wisconsin, Commonwealth of Massachusetts, Commonwealth of Virginia, Conservation Law Foundation, DC, Environmental Defense Fund, Golden Spread Electric Cooperative, Inc., National Grid Generation, LLC, Natural Resources Defense Council, New York Power Authority, Nextera Energy, Inc., Ohio Environmental Council, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Sierra Club, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maine, State of Maryland, State of Minnesota, State of New Hampshire, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, Tri-State Generation and Transmission Association, Inc., State of North Dakota and EPA in 15-1381, Gulf Coast Lignite Coalition, Lignite Energy Council, Calpine Corporation, City of Austin, City of Los Angeles, City of New York, City of Seattle, Commonwealth of Massachusetts, DC, Golden Spread Electric Cooperative, Inc., National Grid Generation, LLC, New York Power Authority, Nextera Energy, Inc., Pacific Gas and Electric Company, Sacramento Municipal Utility District, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maine, State of Maryland, State of Minnesota, State of New Hampshire, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, Tri-State Generation and Transmission Association, Inc., Murray Energy Corporation and EPA and Regina A. McCarthy in 15-1396, Gulf Coast Lignite Coalition, Lignite Energy Council, Calpine Corporation, City of Austin, City of Los Angeles, City of New York, City of Seattle, Commonwealth of Massachusetts, DC, Golden Spread Electric Cooperative, Inc., National Grid Generation, LLC, New York Power Authority, Nextera Energy, Inc., Pacific Gas and Electric Company, Sacramento Municipal Utility District, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maine, State of Maryland, State of Minnesota, State of New Hampshire, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, Tri-State Generation and Transmission Association, Inc., Energy & Environment Legal Institute and EPA in 15-1397, Gulf Coast Lignite Coalition, Lignite Energy Council, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, Golden Spread Electric Cooperative, Inc., National Grid Generation, LLC, New York Power Authority, Nextera Energy, Inc., Pacific Gas and Electric Company, Sacramento Municipal Utility District, State of Minnesota, Tri-State Generation and Transmission Association, Inc., Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, State of Wyoming and EPA and Regina A. McCarthy in 15-1399, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., Peabody Energy Corporation and EPA and Regina A. McCarthy in 15-1438, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, Commonwealth of Virginia, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO and EPA in 15-1434, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., American Public Power Association, Utility Air Regulatory Group and EPA in 15-1448, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., National Mining Association and EPA in 15-1456, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., Indiana Utility Group and EPA and Regina A. McCarthy in 15-1458, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., United Mine Workers of America, AFL-CIO and EPA in 15-1463, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation & Transmission Association Inc., Tri-State Generation and Transmission Association, Inc., Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association, Sunflower Electric Power Corporation and EPA in 15-1484, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, Southern Power Company and EPA and Regina A. McCarthy in 15-1468, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC, Sandow Power Company, LLC and EPA and Regina A. McCarthy in 15-1482, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association, Portland Cement Association and EPA and Regina A. McCarthy in 15-1469, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., American Coalition for Clean Coal Electricity and EPA in 15-1481, American Lung Association, Calpine Corporation, Center for Biological Diversity, City of Austin, City of Los Angeles, City of Seattle, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Environmental Defense Fund, National Grid Generation, LLC, Natural Resources Defense Council, New York Power Authority, Ohio Environmental Council, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Sierra Club, Murray Energy Corporation and EPA and Regina A. McCarthy in 16-1218, American Lung Association, Calpine Corporation, Center for Biological Diversity, City of Austin, City of Los Angeles, City of Seattle, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Environmental Defense Fund, National Grid Generation, LLC, Natural Resources Defense Council, New York Power Authority, Ohio Environmental Council, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Sierra Club, Energy & Environment Legal Institute and EPA in 16-1227, American Lung Association, Calpine Corporation, Center for Biological Diversity, City of Austin, City of Los Angeles, City of Seattle, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Environmental Defense Fund, National Grid Generation, LLC, Natural Resources Defense Council, New York Power Authority, Ohio Environmental Council, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Sierra Club, Arizona Corporation Commission, Commonwealth of Kentucky, Louisiana Department of Environmental Quality, Bill Schuette, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, State of Wyoming and EPA and Regina A. McCarthy in 16-1220, American Lung Association, Calpine Corporation, Center for Biological Diversity, City of Austin, City of Los Angeles, City of Seattle, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Environmental Defense Fund, National Grid Generation, LLC, Natural Resources Defense Council, New York Power Authority, Ohio Environmental Council, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Sierra Club, American Public Power Association, Utility Air Regulatory Group and EPA in 16-1221 [Service Date: 03/20/2017 by CM/ECF NDA] Length Certification: 4 pages. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Wood, Allison) [Entered: 03/20/2017 07:36 PM]
NOTICE [1664595] to substitute attorney Sam Hayes substituted by Asher P. Spiller filed by State of North Carolina Department of Environmental Quality in 15-1399, 16-1220 [Service Date: 03/06/2017 ] [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Spiller, Asher) [Entered: 03/06/2017 04:21 PM]
MOTION [1661031] to withdraw attorney Patrick R. Wyrick (Response to Motion served by mail due on 02/23/2017) filed by State of Oklahoma in 15-1399 (Service Date: 02/13/2017 by CM/ECF NDA) Length Certification: 68 Words. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Wyrick, Patrick) [Entered: 02/13/2017 04:36 PM]
INTERVENOR FOR RESPONDENT FINAL BRIEF [1659543] filed by City of New York, Commonwealth of Massachusetts, Commonwealth of Virginia, DC, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maine, State of Maryland, State of Minnesota, State of New Hampshire, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont and State of Washington in 15-1381 [Service Date: 02/06/2017 ] Length of Brief: 4393. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Sullivan, Timothy) [Entered: 02/06/2017 12:30 PM]
JOINT PETITIONER FINAL REPLY BRIEF [1659342] filed by Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 15-1399, Arizona Corporation Commission, Commonwealth of Kentucky, Louisiana Department of Environmental Quality, Bill Schuette, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 16-1220 [Service Date: 02/03/2017 ] Length of Brief: 4,498. [15-1399, 15-1381, 16-1220] (Lin, Elbert) [Entered: 02/03/2017 12:49 PM]
JOINT PETITIONER FINAL BRIEF [1659341] filed by Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 15-1399, Arizona Corporation Commission, Commonwealth of Kentucky, Louisiana Department of Environmental Quality, Bill Schuette, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 16-1220 [Service Date: 02/03/2017 ] Length of Brief: 8,899. [15-1399, 15-1381, 16-1220] (Lin, Elbert) [Entered: 02/03/2017 12:43 PM]
INTERVENOR FOR PETITIONER FINAL REPLY BRIEF [1659297] filed by Gulf Coast Lignite Coalition and Lignite Energy Council [Service Date: 02/03/2017 ] Length of Brief: 3,263. [15-1381] (Walters, Mark) [Entered: 02/03/2017 11:34 AM]
INTERVENOR FOR PETITIONER FINAL BRIEF [1659295] filed by Gulf Coast Lignite Coalition and Lignite Energy Council [Service Date: 02/03/2017 ] Length of Brief: 6,237. [15-1381] (Walters, Mark) [Entered: 02/03/2017 11:32 AM]
JOINT PETITIONER FINAL REPLY BRIEF [1659210] filed by State of North Dakota in 15-1381, Murray Energy Corporation in 15-1396, Energy & Environment Legal Institute in 15-1397, Peabody Energy Corporation in 15-1438, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO in 15-1434, American Public Power Association and Utility Air Regulatory Group in 15-1448, National Mining Association in 15-1456, Indiana Utility Group in 15-1458, United Mine Workers of America, AFL-CIO in 15-1463, Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association and Sunflower Electric Power Corporation in 15-1484, Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company in 15-1468, Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC and Sandow Power Company, LLC in 15-1482, American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469, American Coalition for Clean Coal Electricity in 15-1481, 16-1218, 16-1227, 16-1221 [Service Date: 02/03/2017 ] Length of Brief: 8,990 words. [15-1381, 15-1396, 15-1397, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1221, 16-1227] (Wood, Allison) [Entered: 02/03/2017 12:42 AM]
JOINT PETITIONER FINAL BRIEF [1659209] filed by Murray Energy Corporation in 15-1396, Energy & Environment Legal Institute in 15-1397, Peabody Energy Corporation in 15-1438, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO in 15-1434, American Public Power Association and Utility Air Regulatory Group in 15-1448, National Mining Association in 15-1456, Indiana Utility Group in 15-1458, United Mine Workers of America, AFL-CIO in 15-1463, Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association and Sunflower Electric Power Corporation in 15-1484, Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company in 15-1468, Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC and Sandow Power Company, LLC in 15-1482, American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469, American Coalition for Clean Coal Electricity in 15-1481, 16-1218, 16-1227, 16-1221 [Service Date: 02/03/2017 ] Length of Brief: 17,951 words. [15-1381, 15-1396, 15-1397, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1221, 16-1227] (Wood, Allison) [Entered: 02/03/2017 12:30 AM]
INTERVENOR FOR RESPONDENT FINAL BRIEF [1658877] filed by Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company and Sacramento Municipal Utility District in 15-1381 [Service Date: 02/01/2017 ] Length of Brief: 3,695 Words. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Poloncarz, Kevin) [Entered: 02/01/2017 04:57 PM]
JOINT APPENDIX [1658330] filed by State of North Dakota in 15-1381, Murray Energy Corporation in 15-1396, Energy & Environment Legal Institute in 15-1397, Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 15-1399, Peabody Energy Corporation in 15-1438, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO in 15-1434, American Public Power Association and Utility Air Regulatory Group in 15-1448, National Mining Association in 15-1456, Indiana Utility Group in 15-1458, United Mine Workers of America, AFL-CIO in 15-1463, Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association and Sunflower Electric Power Corporation in 15-1484, Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company in 15-1468, Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC and Sandow Power Company, LLC in 15-1482, American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469, American Coalition for Clean Coal Electricity in 15-1481, 16-1218, 16-1227, Arizona Corporation Commission, Commonwealth of Kentucky, Louisiana Department of Environmental Quality, Bill Schuette, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 16-1220, 16-1221. [Volumes: 8] [Service Date: 01/30/2017 ] [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Lavey, Wendlene) [Entered: 01/30/2017 07:23 PM]
JOINT PETITIONER REPLY BRIEF [1656994] filed by Murray Energy Corporation in 15-1396, Energy & Environment Legal Institute in 15-1397, Peabody Energy Corporation in 15-1438, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO in 15-1434, American Public Power Association and Utility Air Regulatory Group in 15-1448, National Mining Association in 15-1456, Indiana Utility Group in 15-1458, United Mine Workers of America, AFL-CIO in 15-1463, Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association and Sunflower Electric Power Corporation in 15-1484, Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company in 15-1468, Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC and Sandow Power Company, LLC in 15-1482, American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469, American Coalition for Clean Coal Electricity in 15-1481, 16-1218, 16-1227, 16-1221 [Service Date: 01/23/2017 ] Length of Brief: 8,989 words. [15-1381, 15-1396, 15-1397, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1221, 16-1227] (Wood, Allison) [Entered: 01/23/2017 09:30 PM]
JOINT PETITIONER REPLY BRIEF [1656985] filed by Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 15-1399 [Service Date: 01/23/2017 ] Length of Brief: 4,494 words. [15-1381, 15-1399] (Lin, Elbert) [Entered: 01/23/2017 08:27 PM]
NOTICE [1656955] filed to withdraw attorney James Van Carson who represented Murray Energy Corporation in 15-1396 filed by Murray Energy Corporation [Service Date: 01/23/2017 ] [15-1396] (Carson, James) [Entered: 01/23/2017 06:01 PM]
NOTICE [1656545] filed to withdraw attorney Garrison W. Kaufman who represented Basin Electric Power Cooperative in 15-1484 filed by Basin Electric Power Cooperative in 15-1484 [Service Date: 01/18/2017 ] [15-1484, 15-1381] (Gomez, Christina) [Entered: 01/18/2017 05:14 PM]
MOTION [1655571] to withdraw attorney Timothy J. Junk (Response to Motion served by mail due on 01/23/2017) filed by State of Indiana in 16-1220 (Service Date: 01/12/2017 by CM/ECF NDA) Length Certification: 56 Words. [16-1220, 15-1381, 15-1399] (Fisher, Thomas) [Entered: 01/12/2017 02:36 PM]
MOTION [1655567] to substitute attorney Thomas M. Fisher for Timothy J. Junk (Response to Motion served by mail due on 01/23/2017) filed by State of Indiana in 16-1220 (Service Date: 01/12/2017 by CM/ECF NDA) Length Certification: 66 Words. [16-1220, 15-1381] (Fisher, Thomas) [Entered: 01/12/2017 02:30 PM]
ENTRY OF APPEARANCE [1654327] filed by Elbert Lin (already entered notice of appearance) and co-counsel Thomas M. Johnson, Jr. on behalf of Petitioner State of West Virginia. [15-1399] (Lin, Elbert) [Entered: 01/05/2017 04:45 PM]
PER CURIAM ORDER [1654081] filed granting the unopposed motion of Saskatchewan Power Corporation to participate as amicus curiae in support of respondent [1652427-2] [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] [Entered: 01/04/2017 03:54 PM]
PER CURIAM ORDER [1654077] filed granting the unopposed motion of Carbon Capture and Storage Scientists to participate as amicus curiae in support of respondent [1650879-2]; denying petitioner and petitioner-intervenors' motion to extend time [1651468-2], denying petitioner North Dakota's motion to extend time [1651463-2] [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] [Entered: 01/04/2017 03:51 PM]
NOTICE [1654040] filed to withdraw attorney Britt C. Grant who represented State of Georgia in 16-1220 filed by State of Georgia in 16-1220 [Service Date: 01/04/2017 ] [15-1381, 16-1220] (Warren, Sarah) [Entered: 01/04/2017 02:33 PM]
ENTRY OF APPEARANCE [1653524] filed by Sarah Hawkins Warren on behalf of Petitioner State of Georgia in 15-1399, 16-1220. [15-1381, 15-1399, 16-1220] (Warren, Sarah) [Entered: 12/30/2016 12:45 PM]
JOINT REPLY [1653057] filed by Gulf Coast Lignite Coalition and Lignite Energy Council in 15-1381, Gulf Coast Lignite Coalition, Lignite Energy Council and Murray Energy Corporation in 15-1396, Gulf Coast Lignite Coalition, Lignite Energy Council and Energy & Environment Legal Institute in 15-1397, Gulf Coast Lignite Coalition, Lignite Energy Council and Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 15-1399, Peabody Energy Corporation in 15-1438, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO in 15-1434, American Public Power Association and Utility Air Regulatory Group in 15-1448, National Mining Association in 15-1456, Indiana Utility Group in 15-1458, United Mine Workers of America, AFL-CIO in 15-1463, Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association and Sunflower Electric Power Corporation in 15-1484, Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company in 15-1468, Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC and Sandow Power Company, LLC in 15-1482, American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469, American Coalition for Clean Coal Electricity in 15-1481, Murray Energy Corporation in 16-1218, Energy & Environment Legal Institute in 16-1227, Arizona Corporation Commission, Commonwealth of Kentucky, Louisiana Department of Environmental Quality, Bill Schuette, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 16-1220, 16-1221 to response [1652426-2], [1651998-2] [Service Date: 12/27/2016 by CM/ECF NDA] Length Certification: 715 words. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Wood, Allison) [Entered: 12/27/2016 04:35 PM]
CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMITS [1652534] for motion to participate as amicus curiae [1652427-2] filed by Saskatchew Power Corporation. [15-1381] (Tycko, Jonathan) [Entered: 12/22/2016 11:25 AM]
AMICUS FOR RESPONDENT FINAL BRIEF [1652433] filed by Institute for Policy Integrity at New York University School of Law [Service Date: 12/21/2016 ] Length of Brief: 5,759 Words. [15-1381] (Revesz, Richard) [Entered: 12/21/2016 05:56 PM]
INTERVENOR FOR RESPONDENT BRIEF [1652422] filed by City of New York, Commonwealth of Massachusetts, Commonwealth of Virginia, DC, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maine, State of Maryland, State of Minnesota, State of New Hampshire, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont and State of Washington in 15-1381 [Service Date: 12/21/2016 ] Length of Brief: 4386. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Sullivan, Timothy) [Entered: 12/21/2016 05:00 PM]
INTERVENOR FOR RESPONDENT BRIEF [1652381] filed by Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company and Sacramento Municipal Utility District in 15-1381 [Service Date: 12/21/2016 ] Length of Brief: 3,700 Words. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Poloncarz, Kevin) [Entered: 12/21/2016 04:06 PM]
RESPONSE IN OPPOSITION [1651998] filed to motion to extend time [1651468-2], motion to extend time [1651463-2] filed by American Lung Association, Center for Biological Diversity, City of New York, Clean Air Council, Clean Wisconsin, Commonwealth of Massachusetts, Commonwealth of Virginia, Conservation Law Foundation, DC, Environmental Defense Fund, Natural Resources Defense Council, Ohio Environmental Council, Sierra Club, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maine, State of Maryland, State of Minnesota, State of New Hampshire, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont and State of Washington in 15-1381 [Service Date: 12/20/2016 by CM/ECF NDA] Length Certification: 943 words. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Kyle, Selena) [Entered: 12/20/2016 10:38 PM]
CORRECTED MOTION [1651468] to extend time to file reply to 02/24/2017. (Response to Motion served by mail due on 12/27/2016) filed by Gulf Coast Lignite Coalition and Lignite Energy Council in 15-1381, Gulf Coast Lignite Coalition, Lignite Energy Council and Murray Energy Corporation in 15-1396, Gulf Coast Lignite Coalition, Lignite Energy Council and Energy & Environment Legal Institute in 15-1397, Gulf Coast Lignite Coalition, Lignite Energy Council and Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 15-1399, Peabody Energy Corporation in 15-1438, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO in 15-1434, American Public Power Association and Utility Air Regulatory Group in 15-1448, National Mining Association in 15-1456, Indiana Utility Group in 15-1458, United Mine Workers of America, AFL-CIO in 15-1463, Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association and Sunflower Electric Power Corporation in 15-1484, Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company in 15-1468, Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC and Sandow Power Company, LLC in 15-1482, American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469, American Coalition for Clean Coal Electricity in 15-1481, Murray Energy Corporation in 16-1218, Energy & Environment Legal Institute in 16-1227, Arizona Corporation Commission, Commonwealth of Kentucky, Louisiana Department of Environmental Quality, Bill Schuette, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 16-1220, 16-1221 (Service Date: 12/16/2016 by CM/ECF NDA) Length Certification: 1,480 words. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Lin, Elbert) [Entered: 12/16/2016 09:22 PM]
MOTION [1651463] to extend time to file reply to 02/24/2017. (Response to Motion served by mail due on 12/27/2016) filed by State of North Dakota in 15-1381 (Service Date: 12/16/2016 by CM/ECF NDA) Length Certification: 541 words. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Seby, Paul) [Entered: 12/16/2016 05:34 PM]
INCORRECT DOCKET ENTRY-DISREGARD--JOINT MOTION [1651461] to extend time to file reply to 02/24/2017. (Response to Motion served by mail due on 12/27/2016) filed by Gulf Coast Lignite Coalition and Lignite Energy Council in 15-1381, Gulf Coast Lignite Coalition, Lignite Energy Council and Murray Energy Corporation in 15-1396, Gulf Coast Lignite Coalition, Lignite Energy Council and Energy & Environment Legal Institute in 15-1397, Gulf Coast Lignite Coalition, Lignite Energy Council and Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 15-1399, Peabody Energy Corporation in 15-1438, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO in 15-1434, American Public Power Association and Utility Air Regulatory Group in 15-1448, National Mining Association in 15-1456, Indiana Utility Group in 15-1458, United Mine Workers of America, AFL-CIO in 15-1463, Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association and Sunflower Electric Power Corporation in 15-1484, Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company in 15-1468, Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC and Sandow Power Company, LLC in 15-1482, American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469, American Coalition for Clean Coal Electricity in 15-1481, Murray Energy Corporation in 16-1218, Energy & Environment Legal Institute in 16-1227, Arizona Corporation Commission, Commonwealth of Kentucky, Louisiana Department of Environmental Quality, Bill Schuette, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 16-1220, 16-1221 (Service Date: 12/16/2016 by CM/ECF NDA) Length Certification: 1,448 words. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227]--[Edited 12/19/2016 by JJA] (Lin, Elbert) [Entered: 12/16/2016 05:21 PM]
MODIFIED PARTY FILER--MOTION [1650879] filed to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Carbon Capture and Storage Scientists Roger Aines, Sally Benson, S. Julio Friedmann, Jon Gibbins, Raghubir Gupta, Howard Herzog, Susan Hovorka, Meagan Mauter, Ah-Hyung (Alissa) Park, Gary Rochelle and Jennifer Wilcox [Service Date: 12/13/2016 ] [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227]--[Edited 12/14/2016 by JJA] (Burger, Michael) [Entered: 12/13/2016 03:28 PM]
MODIFIED PARTY FILER--MOTION [1646500] filed to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Nicholas Ashford, M. Granger Morgan, Edward S. Rubin, Margaret Taylor [Service Date: 11/16/2016 ] [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227]--[Edited 11/17/2016 by JJA] (Hecht, Sean) [Entered: 11/16/2016 06:10 PM]
CLERK'S ORDER [1645138] filed granting the unopposed motion for leave of the Institute for Policy Integrity at New York University School of Law to participate as amicus curiae in support of respondents [1644185-2] in 15-1381 [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] [Entered: 11/08/2016 04:10 PM]
MODIFIED PARTY FILER--MOTION [1644185] filed to participate as amicus curiae [Disclosure Listing: Attached] filed by Institute for Policy Integrity at New York University School of Law [Service Date: 11/02/2016 ] [15-1381]--[Edited 11/03/2016 by JJA] (Revesz, Richard) [Entered: 11/02/2016 10:42 AM]
JOINT PETITIONER BRIEF [1640985] filed by Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 15-1399, Arizona Corporation Commission, Commonwealth of Kentucky, Louisiana Department of Environmental Quality, Bill Schuette, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 16-1220 [Service Date: 10/13/2016 ] Length of Brief: 8,897 words. [15-1381, 15-1399, 16-1220] (Lin, Elbert) [Entered: 10/13/2016 08:57 PM]
JOINT PETITIONER BRIEF [1640984] filed by Murray Energy Corporation in 15-1396, Energy & Environment Legal Institute in 15-1397, Peabody Energy Corporation in 15-1438, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO in 15-1434, American Public Power Association and Utility Air Regulatory Group in 15-1448, National Mining Association in 15-1456, Indiana Utility Group in 15-1458, United Mine Workers of America, AFL-CIO in 15-1463, Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association and Sunflower Electric Power Corporation in 15-1484, Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company in 15-1468, Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC and Sandow Power Company, LLC in 15-1482, American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469, American Coalition for Clean Coal Electricity in 15-1481, 16-1218, 16-1227, 16-1221 [Service Date: 10/13/2016 ] Length of Brief: 17,950 words. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Wood, Allison) [Entered: 10/13/2016 08:36 PM]
NOTICE [1638449] filed to withdraw attorney Jonathan Zak Ritchie who represented State of West Virginia in 15-1399 and State of West Virginia in 16-1220 filed by State of West Virginia in 15-1399, 16-1220 [Service Date: 09/29/2016 ] [15-1381, 15-1399, 16-1220] (Lin, Elbert) [Entered: 09/29/2016 04:25 PM]
ENTRY OF APPEARANCE [1638288] filed by Donald Trahan and co-counsel Spencer B. Bowman on behalf of Petitioner State of Louisiana Department of Environmental Quality. [15-1399] (Bowman, Spencer) [Entered: 09/28/2016 06:04 PM]
NOTICE [1634959] filed to withdraw attorney Sandra Snyder who represented Tri-State Generation and Transmission Association, Inc. in 15-1396, Tri-State Generation and Transmission Association, Inc. in 15-1397, Tri-State Generation and Transmission Association, Inc. in 15-1399, Tri-State Generation and Transmission Association, Inc. in 15-1434, Tri-State Generation and Transmission Association, Inc. in 15-1438, Tri-State Generation and Transmission Association, Inc. in 15-1448, Tri-State Generation and Transmission Association, Inc. in 15-1456, Tri-State Generation and Transmission Association, Inc. in 15-1458, Tri-State Generation and Transmission Association, Inc. in 15-1463, Tri-State Generation and Transmission Association, Inc. in 15-1468, Tri-State Generation and Transmission Association, Inc. in 15-1469, Tri-State Generation and Transmission Association, Inc. in 15-1481, Tri-State Generation and Transmission Association, Inc. in 15-1482 and Tri-State Generation and Transmission Association, Inc. in 15-1484 filed by Tri-State Generation and Transmission Association, Inc. in 15-1481, 15-1381, 15-1396, 15-1397, 15-1399, 15-1438, 15-1434, 15-1448, 15-1456, 15-1458, 15-1463, 15-1484, 15-1468, 15-1482, 15-1469 [Service Date: 09/09/2016 ] [15-1481, 15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Holmstead, Jeffrey) [Entered: 09/09/2016 01:02 PM]
PER CURIAM ORDER [1632712] granting joint unopposed motion to amend briefing schedule and format [1628713-2]; setting the following revised briefing format and schedule: BRIEF FOR PETITIONER STATE OF NORTH DAKOTA (not to exceed 4,000 words) due 10/13/2016. BRIEF FOR STATE PETITIONERS (not to exceed 9,000 words) due 10/13/2016. BRIEF FOR NON-STATE PETITIONERS (not to exceed 18,000 words) due 10/13/2016. BRIEF FOR PETITIONER-INTERVENORS (not to exceed 7,000 words) due 10/24/2016. BRIEF FOR RESPONDENT (not to exceed 31,000 words) due 12/14/2016. BRIEFS FOR RESPONDENT-INTERVENORS (no more than three briefs, not to exceed a combined total of 13,300 words) due 12/21/2016. REPLY BRIEF FOR PETITIONER STATE OF NORTH DAKOTA (not to exceed 2,000 words) due 01/19/2017. REPLY BRIEF FOR STATE PETITIONERS (not to exceed 4,500 words) due 01/19/2017. REPLY BRIEF FOR NON-STATE PETITIONERS (not to exceed 9,000 words) due 01/19/2017. REPLY BRIEF FOR PETITIONER-INTERVENORS (not to exceed 3,500 words) due 01/19/2017. DEFERRED APPENDIX due 01/30/2017. FINAL BRIEFS due 02/06/2017. Before Judges: Henderson, Srinivasan and Wilkins. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] [Entered: 08/30/2016 08:28 AM]
ENTRY OF APPEARANCE [1630657] filed by Paul M. Seby and co-counsel Jerry Stouck on behalf of Petitioner State of North Dakota. [15-1381] (Stouck, Jerry) [Entered: 08/16/2016 03:40 PM]
STATEMENT OF ISSUES [1629959] filed by American Public Power Association and Utility Air Regulatory Group in 16-1221 [Service Date: 08/11/2016 ] [16-1221, 15-1381] (Wood, Allison) [Entered: 08/11/2016 07:19 PM]
DOCKETING STATEMENT [1629958] filed by American Public Power Association and Utility Air Regulatory Group in 16-1221 [Service Date: 08/11/2016 ] [16-1221, 15-1381] (Wood, Allison) [Entered: 08/11/2016 07:17 PM]
JOINT STATEMENT OF ISSUES [1629577] filed by Arizona Corporation Commission, Commonwealth of Kentucky, Louisiana Department of Environmental Quality, Bill Schuette, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming [Service Date: 08/10/2016 ] [16-1220] (Lin, Elbert) [Entered: 08/10/2016 11:42 AM]
JOINT DOCKETING STATEMENT [1629574] filed by Arizona Corporation Commission, Commonwealth of Kentucky, Louisiana Department of Environmental Quality, Bill Schuette, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming [Service Date: 08/10/2016 ] [16-1220] (Lin, Elbert) [Entered: 08/10/2016 11:39 AM]
JOINT UNOPPOSED MOTION [1628713] filed by Gulf Coast Lignite Coalition, Lignite Energy Council, American Lung Association, Calpine Corporation, Center for Biological Diversity, City of Austin, City of Los Angeles, City of New York, City of Seattle, Clean Air Council, Clean Wisconsin, Commonwealth of Massachusetts, Commonwealth of Virginia, Conservation Law Foundation, DC, Environmental Defense Fund, Golden Spread Electric Cooperative, Inc., National Grid Generation, LLC, Natural Resources Defense Council, New York Power Authority, Nextera Energy, Inc., Ohio Environmental Council, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Sierra Club, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maine, State of Maryland, State of Minnesota, State of New Hampshire, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, Tri-State Generation and Transmission Association, Inc., American Lung Association, Center for Biological Diversity, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Environmental Defense Fund, Natural Resources Defense Council, Ohio Environmental Council, Sierra Club, State of North Dakota and EPA in 15-1381, Gulf Coast Lignite Coalition, Lignite Energy Council, Calpine Corporation, City of Austin, City of Los Angeles, City of New York, City of Seattle, Commonwealth of Massachusetts, DC, Golden Spread Electric Cooperative, Inc., National Grid Generation, LLC, New York Power Authority, Nextera Energy, Inc., Pacific Gas and Electric Company, Sacramento Municipal Utility District, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maine, State of Maryland, State of Minnesota, State of New Hampshire, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, Tri-State Generation and Transmission Association, Inc., Murray Energy Corporation and EPA and Regina A. McCarthy in 15-1396, Gulf Coast Lignite Coalition, Lignite Energy Council, Calpine Corporation, City of Austin, City of Los Angeles, City of New York, City of Seattle, Commonwealth of Massachusetts, DC, Golden Spread Electric Cooperative, Inc., National Grid Generation, LLC, New York Power Authority, Nextera Energy, Inc., Pacific Gas and Electric Company, Sacramento Municipal Utility District, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maine, State of Maryland, State of Minnesota, State of New Hampshire, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, Tri-State Generation and Transmission Association, Inc., Energy & Environment Legal Institute and EPA in 15-1397, Gulf Coast Lignite Coalition, Lignite Energy Council, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, Golden Spread Electric Cooperative, Inc., National Grid Generation, LLC, New York Power Authority, Nextera Energy, Inc., Pacific Gas and Electric Company, Sacramento Municipal Utility District, State of Minnesota, Tri-State Generation and Transmission Association, Inc., Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, State of Wyoming and EPA and Regina A. McCarthy in 15-1399, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., Peabody Energy Corporation and EPA and Regina A. McCarthy in 15-1438, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, Commonwealth of Virginia, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO and EPA in 15-1434, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., American Public Power Association, Utility Air Regulatory Group and EPA in 15-1448, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., National Mining Association and EPA in 15-1456, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., Indiana Utility Group and EPA and Regina A. McCarthy in 15-1458, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., United Mine Workers of America, AFL-CIO and EPA in 15-1463, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation & Transmission Association Inc., Tri-State Generation and Transmission Association, Inc., Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association, Sunflower Electric Power Corporation and EPA in 15-1484, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company, Southern Power Company and EPA and Regina A. McCarthy in 15-1468, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC, Sandow Power Company, LLC and EPA and Regina A. McCarthy in 15-1482, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association, Portland Cement Association and EPA and Regina A. McCarthy in 15-1469, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Tri-State Generation and Transmission Association, Inc., American Coalition for Clean Coal Electricity and EPA in 15-1481, American Lung Association, Calpine Corporation, Center for Biological Diversity, City of Austin, City of Los Angeles, City of Seattle, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Environmental Defense Fund, National Grid Generation, LLC, Natural Resources Defense Council, New York Power Authority, Ohio Environmental Council, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Sierra Club, Murray Energy Corporation and EPA and Regina A. McCarthy in 16-1218, American Lung Association, Calpine Corporation, Center for Biological Diversity, City of Austin, City of Los Angeles, City of Seattle, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Environmental Defense Fund, National Grid Generation, LLC, Natural Resources Defense Council, New York Power Authority, Ohio Environmental Council, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Sierra Club, Energy & Environment Legal Institute and EPA in 16-1227, American Lung Association, Calpine Corporation, Center for Biological Diversity, City of Austin, City of Los Angeles, City of Seattle, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Environmental Defense Fund, National Grid Generation, LLC, Natural Resources Defense Council, New York Power Authority, Ohio Environmental Council, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Sierra Club, Arizona Corporation Commission, Commonwealth of Kentucky, Louisiana Department of Environmental Quality, Bill Schuette, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, State of Wyoming and EPA and Regina A. McCarthy in 16-1220, American Lung Association, Calpine Corporation, Center for Biological Diversity, City of Austin, City of Los Angeles, City of Seattle, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Environmental Defense Fund, National Grid Generation, LLC, Natural Resources Defense Council, New York Power Authority, Ohio Environmental Council, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Sierra Club, American Public Power Association, Utility Air Regulatory Group and EPA in 16-1221 concerning briefing format, to establish briefing schedule [Service Date: 08/04/2016 ] Pages: 1-10. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484, 16-1218, 16-1220, 16-1221, 16-1227] (Wood, Allison) [Entered: 08/04/2016 10:29 PM]
MODIFIED PARTY FILER--MOTION [1628053] filed by Sacramento Municipal Utility District, Pacific Gas and Electric Company, New York Power Authority, National Grid Generation, LLC, City of Seattle, City of Los Angeles, City of Austin and Calpine Corporation in 16-1218, 16-1227, 16-1220, 16-1221 for leave to intervene [Disclosure Listing: Previously Filed] [Service Date: 08/01/2016 ] [16-1218, 16-1220, 16-1221, 16-1227]--[Edited 08/04/2016 by LMC] (Poloncarz, Kevin) [Entered: 08/01/2016 06:11 PM]
MODIFIED PARTY FILER--MOTION [1627725] filed by Ohio Environmental Council, Sierra Club, Natural Resources Defense Council, Environmental Defense Fund, Conservation Law Foundation, Clean Wisconsin, Clean Air Council, Center for Biological Diversity and American Lung Association in 16-1227, 16-1221, 16-1220, 15-1381, 16-1218 for leave to intervene [Disclosure Listing: Attached] [Service Date: 07/29/2016 ] [16-1218, 15-1381, 16-1220, 16-1221, 16-1227]--[Edited 08/03/2016 by LMC] (Duffy, James) [Entered: 07/29/2016 12:17 PM]
CERTIFIED INDEX TO RECORD [1624597] filed by EPA and Regina A. McCarthy [Service Date: 07/13/2016 ] [16-1218] (Lynk, Brian) [Entered: 07/13/2016 09:01 PM]
ENTRY OF APPEARANCE [1624596] filed by Brian H. Lynk and co-counsel Chloe H. Kolman on behalf of Respondents EPA and Regina A. McCarthy. [16-1218] (Lynk, Brian) [Entered: 07/13/2016 08:46 PM]
PER CURIAM ORDER [1621503] granting motion to suspend briefing schedule [1614749-2]; denying motion to establish briefing schedule [1617195-2]. The following deadlines shall apply: MOTIONS TO CONSOLIDATE due 07/12/2016 and MOTIONS TO AMEND BRIEFING SCHEDULE AND FORMAT due 08/04/2016. Before Judges: Griffith, Srinivasan and Millett. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484] [Entered: 06/24/2016 09:29 AM]
JOINT REPLY [1619383] filed by Gulf Coast Lignite Coalition, Lignite Energy Council and State of North Dakota in 15-1381, Gulf Coast Lignite Coalition, Lignite Energy Council and Murray Energy Corporation in 15-1396, Gulf Coast Lignite Coalition, Lignite Energy Council and Energy & Environment Legal Institute in 15-1397, Gulf Coast Lignite Coalition, Lignite Energy Council and Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 15-1399, Peabody Energy Corporation in 15-1438, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO in 15-1434, American Public Power Association and Utility Air Regulatory Group in 15-1448, National Mining Association in 15-1456, Indiana Utility Group in 15-1458, United Mine Workers of America, AFL-CIO in 15-1463, Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association and Sunflower Electric Power Corporation in 15-1484, Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company in 15-1468, Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC and Sandow Power Company, LLC in 15-1482, American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469, American Coalition for Clean Coal Electricity in 15-1481 to Response and RESPONSE IN OPPOSITION filed to Cross Motion [1617195-2] (Reply to Response by Mail to Cross Motion due on 06/24/2016) [Service Date: 06/14/2016 by CM/ECF NDA] Pages: 1-10. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484] (Wood, Allison) [Entered: 06/14/2016 04:50 PM]
CORRECTED CERTIFICATE OF SERVICE [1617703] to motion to establish briefing schedule [1617195-2], response [1617195-3] filed by EPA in 15-1381, Regina A. McCarthy in 15-1396. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484] (Lynk, Brian) [Entered: 06/07/2016 10:58 PM]
JOINT RESPONSE IN OPPOSITION [1617195] filed to motion to suspend briefing schedule [1614749-2](Reply to Response by Mail and Response to Cross Motion due on 06/20/2016) combined with a MOTION filed by American Lung Association, Calpine Corporation, Center for Biological Diversity, City of Austin, City of Los Angeles, City of New York, City of Seattle, Clean Air Council, Clean Wisconsin, Commonwealth of Massachusetts, Commonwealth of Virginia, Conservation Law Foundation, DC, Environmental Defense Fund, National Grid Generation, LLC, Natural Resources Defense Council, New York Power Authority, Ohio Environmental Council, Pacific Gas and Electric Company, Sacramento Municipal Utility District, Sierra Club, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maine, State of Maryland, State of Minnesota, State of New Hampshire, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and EPA in 15-1381, Regina A. McCarthy in 15-1396 to establish briefing schedule [Service Date: 06/06/2016 by Email, CM/ECF NDA] Pages: 11-15. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484] (Lynk, Brian) [Entered: 06/06/2016 10:25 PM]
MOTION [1614749] filed by Gulf Coast Lignite Coalition, Lignite Energy Council and State of North Dakota in 15-1381, Gulf Coast Lignite Coalition, Lignite Energy Council and Murray Energy Corporation in 15-1396, Gulf Coast Lignite Coalition, Lignite Energy Council and Energy & Environment Legal Institute in 15-1397, Gulf Coast Lignite Coalition, Lignite Energy Council and Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 15-1399, Peabody Energy Corporation in 15-1438, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO in 15-1434, American Public Power Association and Utility Air Regulatory Group in 15-1448, National Mining Association in 15-1456, Indiana Utility Group in 15-1458, United Mine Workers of America, AFL-CIO in 15-1463, Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association and Sunflower Electric Power Corporation in 15-1484, Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company in 15-1468, Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC and Sandow Power Company, LLC in 15-1482, American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469, American Coalition for Clean Coal Electricity in 15-1481 to suspend briefing schedule (Response to Motion served by mail due on 06/06/2016) [Service Date: 05/24/2016 by CM/ECF NDA] Pages: 1-10. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484] (Wood, Allison) [Entered: 05/24/2016 02:15 PM]
ENTRY OF APPEARANCE [1610003] filed by Joseph A. Newberg, II on behalf of Petitioner Commonwealth of Kentucky. [15-1399] (Newberg, Joseph) [Entered: 04/22/2016 02:18 PM]
ENTRY OF APPEARANCE [1606035] filed by Steven Silverman on behalf of Respondent EPA in 15-1434, Respondents EPA and Regina A. McCarthy in 15-1469. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484] (Silverman, Steven) [Entered: 03/29/2016 01:07 PM]
PER CURIAM ORDER [1605581] It is ORDERED that No. 15-1480, Biogenic CO2 Coalition v. EPA, be severed and held in abeyance pending further order of the court, and that the request to consolidate it with No. 15-1478 et al., National Alliance of Forest Owners v. EPA, be denied without prejudice. Respondent is directed to file status reports in No. 15-1480 at 120-day intervals beginning 120 days from the date of this order. The parties are directed to file motions to govern further proceedings in No. 15-1480 within 30 days of the resolution of the agency proceedings. It is FURTHER ORDERED that any petitioners or intervenors in North Dakota v. EPA, No. 15-1381, et al., who wish to intervene in No. 15-1480 are directed to file in No. 15-1480 a motion to intervene within 30 days of the date of this order and to indicate which party the intervenor supports. It is FURTHER ORDERED that the following briefing format and schedule will apply in No. 15-1381, et al.: BRIEF FOR PETITIONER STATE OF NORTH DAKOTA (not to exceed 4,000 words) due 07/15/2016. BRIEF FOR STATE PETITIONERS (not to exceed 8,000 words) due 07/15/2016. BRIEF FOR NON-STATE PETITIONERS (not to exceed 16,000 words) due 07/15/2016. BRIEF FOR PETITIONER-INTERVENORS (not to exceed 7,000 words) due 07/25/2016. BRIEF FOR RESPONDENT (not to exceed 28,000 words) due 09/23/2016. BRIEFS FOR RESPONDENT-INTERVENORS (no more than three briefs, not to exceed a combined total of 12,000 words) due 09/30/2016. REPLY BRIEF FOR PETITIONER STATE OF NORTH DAKOTA (not to exceed 2,000 words) due 10/21/2016. REPLY BRIEF FOR STATE PETITIONERS (not to exceed 4,000 words) due 10/21/2016. REPLY BRIEF FOR NON-STATE PETITIONERS (not to exceed 8,000 words) due 10/21/2016. DEFERRED APPENDIX due 11/04/2016. FINAL BRIEFS due 11/14/2016. Before Judges: Henderson and Millett. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1480, 15-1481, 15-1482, 15-1484] [Entered: 03/24/2016 01:12 PM]
ENTRY OF APPEARANCE [1605214] filed by Christina F. Gomez and co-counsel Patrick R. Day, Lawrence E. Volmert, Garrison W. Kaufman on behalf of Petitioner Basin Electric Power Cooperative in 15-1484. [15-1484, 15-1381] (Gomez, Christina) [Entered: 03/22/2016 05:44 PM]
NOTICE [1603961] filed by State of Florida in 15-1399 to withdraw attorney Allen C. Winsor who represented State of Florida in 15-1399 [Service Date: 03/14/2016 ] [15-1381, 15-1399] (Williams, Jonathan) [Entered: 03/14/2016 09:40 PM]
ENTRY OF APPEARANCE [1601219] filed by Elbert Lin and co-counsel Katlyn M. Miller on behalf of Petitioner State of West Virginia. [15-1399] (Miller, Katlyn) [Entered: 02/29/2016 10:35 AM]
ENTRY OF APPEARANCE [1601146] filed by Dominic E. Draye and co-counsel Keith J. Miller on behalf of Petitioner Arizona Corporation Commission in 15-1399. [15-1399, 15-1381, 15-1396, 15-1397, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1480, 15-1481, 15-1482, 15-1484] (Miller, Keith) [Entered: 02/26/2016 04:12 PM]
JOINT RESPONSE [1600195] filed by Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming to order [1594939-2],[1594939-3] [Service Date: 02/22/2016 by CM/ECF NDA] Pages: 1-10. [15-1399] (Lin, Elbert) [Entered: 02/22/2016 11:55 PM]
JOINT RESPONSE [1600188] filed by Gulf Coast Lignite Coalition and Lignite Energy Council in 15-1381, Gulf Coast Lignite Coalition, Lignite Energy Council and Murray Energy Corporation in 15-1396, Gulf Coast Lignite Coalition, Lignite Energy Council and Energy & Environment Legal Institute in 15-1397, 15-1399, Peabody Energy Corporation in 15-1438, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO in 15-1434, American Public Power Association and Utility Air Regulatory Group in 15-1448, National Mining Association in 15-1456, Indiana Utility Group in 15-1458, United Mine Workers of America, AFL-CIO in 15-1463, Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association, Sunflower Electric Power Corporation and Tri-State Generation & Transmission Association Inc. in 15-1484, Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company in 15-1468, Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC and Sandow Power Company, LLC in 15-1482, American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469, Biogenic CO2 Coalition in 15-1480, American Coalition for Clean Coal Electricity in 15-1481 to order [1594939-2],[1594939-3] [Service Date: 02/22/2016 by CM/ECF NDA] Pages: 11-15. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1480, 15-1481, 15-1482, 15-1484] (Szymanski, Tauna) [Entered: 02/22/2016 09:43 PM]
JOINT RESPONSE [1600183] filed by American Lung Association, Center for Biological Diversity, City of New York, Clean Air Council, Clean Wisconsin, Commonwealth of Massachusetts, Commonwealth of Virginia, Conservation Law Foundation, DC, Environmental Defense Fund, Natural Resources Defense Council, Nextera Energy, Inc., Ohio Environmental Council, Sierra Club, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maine, State of Maryland, State of Minnesota, State of New Hampshire, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District and EPA in 15-1381, Calpine Corporation, City of Austin, City of Los Angeles, City of New York, City of Seattle, Commonwealth of Massachusetts, DC, National Grid Generation, LLC, New York Power Authority, Nextera Energy, Inc., Pacific Gas and Electric Company, Sacramento Municipal Utility District, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maine, State of Maryland, State of Minnesota, State of New Hampshire, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and EPA and Regina A. McCarthy in 15-1396, Calpine Corporation, City of Austin, City of Los Angeles, City of New York, City of Seattle, Commonwealth of Massachusetts, DC, National Grid Generation, LLC, New York Power Authority, Nextera Energy, Inc., Pacific Gas and Electric Company, Sacramento Municipal Utility District, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maine, State of Maryland, State of Minnesota, State of New Hampshire, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington and EPA in 15-1397, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Nextera Energy, Inc., Pacific Gas and Electric Company, Sacramento Municipal Utility District, State of Minnesota and EPA and Regina A. McCarthy in 15-1399, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District and EPA and Regina A. McCarthy in 15-1438, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, Commonwealth of Virginia, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District and EPA in 15-1434, Calpine Corporation, City of Austin, City of Los Angeles, City of Seattle, National Grid Generation, LLC, New York Power Authority, Pacific Gas and Electric Company, Sacramento Municipal Utility District and EPA in 15-1448, 15-1456, 15-1458, 15-1463, 15-1484, 15-1468, 15-1482, 15-1469, 15-1481 to order [1594939-2],[1594939-3] [Service Date: 02/22/2016 by CM/ECF NDA] Pages: 11-15. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1481, 15-1482, 15-1484] (Lynk, Brian) [Entered: 02/22/2016 07:48 PM]
ENTRY OF APPEARANCE [1599585] filed by Jeffrey A. Stone on behalf of Petitioner Gulf Power Company. [15-1468] (Stone, Jeffrey) [Entered: 02/18/2016 05:08 PM]
ENTRY OF APPEARANCE [1599169] filed by John M. Holloway and co-counsel Joshua L. Belcher on behalf of Petitioners East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc. and Minnkota Power Cooperative, Inc. in 15-1484. [15-1484, 15-1381] (Belcher, Joshua) [Entered: 02/17/2016 12:03 PM]
NOTICE [1596727] filed by State of Washington to substitute attorney Leslie R. Seffern substituted by Katharine G. Shirey [Service Date: 02/02/2016 ] [15-1381] (Shirey, Katharine) [Entered: 02/02/2016 01:46 PM]
STATEMENT OF ISSUES [1595533] filed by Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association, Sunflower Electric Power Corporation and Tri-State Generation & Transmission Association Inc. [Service Date: 01/27/2016 ] [15-1484] (Lorenzen, Thomas) [Entered: 01/27/2016 12:31 PM]
DOCKETING STATEMENT [1595531] filed by Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association, Sunflower Electric Power Corporation and Tri-State Generation & Transmission Association Inc. [Service Date: 01/27/2016 ] [15-1484] (Lorenzen, Thomas) [Entered: 01/27/2016 12:29 PM]
ENTRY OF APPEARANCE [1595411] filed by Steven B. Beaux Jones on behalf of Petitioner State of Louisiana. [15-1399] (Jones, Steven) [Entered: 01/26/2016 05:35 PM]
ENTRY OF APPEARANCE [1595345] filed by C. Grady Moore, III and co-counsel Stacey Turner on behalf of Petitioners Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company in 15-1468. [15-1468, 15-1381] (Moore, C.) [Entered: 01/25/2016 06:29 PM]
DOCKETING STATEMENT [1595276] filed by American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469 [Service Date: 01/25/2016 ] [15-1469, 15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1480, 15-1481, 15-1482, 15-1484] (Keisler, Peter) [Entered: 01/25/2016 01:19 PM]
STATEMENT OF ISSUES [1595274] filed by American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469 [Service Date: 01/25/2016 ] [15-1469, 15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1480, 15-1481, 15-1482, 15-1484] (Keisler, Peter) [Entered: 01/25/2016 01:17 PM]
ENTRY OF APPEARANCE [1595271] filed by Peter D. Keisler and co-counsel Roger R. Martella; C. Frederick Becknerr III on behalf of Petitioners American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469. [15-1469, 15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1480, 15-1481, 15-1482, 15-1484] (Keisler, Peter) [Entered: 01/25/2016 01:14 PM]
STATEMENT OF ISSUES [1595197] filed by Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company in 15-1468 [Service Date: 01/22/2016 ] [15-1468, 15-1381] (Moore, C.) [Entered: 01/22/2016 04:40 PM]
DOCKETING STATEMENT [1595195] filed by Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company in 15-1468 [Service Date: 01/22/2016 ] [15-1468, 15-1381] (Moore, C.) [Entered: 01/22/2016 04:37 PM]
DOCKETING STATEMENT [1595193] filed by Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC and Sandow Power Company, LLC in 15-1482 [Service Date: 01/22/2016 ] [15-1482, 15-1381] (Gidiere, Philip) [Entered: 01/22/2016 04:30 PM]
STATEMENT OF ISSUES [1595191] filed by Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC and Sandow Power Company, LLC in 15-1482 [Service Date: 01/22/2016 ] [15-1482, 15-1381] (Gidiere, Philip) [Entered: 01/22/2016 04:26 PM]
MODIFIED PARTY FILER--MOTION [1595013] filed by Calpine Corp., City of Austin d/b/a Austin Energy, the City of Los Angeles Dept. of Water and Power, The City of Seattle City Light Department, National Grid Generation, LLC, New York Power Auth., Pacific Gas & Electric Co. and Sacramento Mun. Util. Dist. for leave to intervene [Disclosure Listing: Attached] [Service Date: 01/21/2016 ] [15-1481, 15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1480, 15-1482, 15-1484]--[Edited 01/22/2016 by JJA] (Poloncarz, Kevin) [Entered: 01/21/2016 07:28 PM]
PER CURIAM ORDER [1594939] ORDERED the motion to extend time [1592154-2] be denied. Directing party to file briefing format - Proposed formats due 02/22/2016 Before Judges: Henderson, Rogers and Srinivasan. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1480, 15-1481, 15-1482, 15-1484] [Entered: 01/21/2016 03:12 PM]
ENTRY OF APPEARANCE [1594164] filed by David M. Flannery and co-counsel Kathy G. Beckett, Skipp L. Kropp, Stephen L. Miller on behalf of Petitioner Indiana Utility Group. [15-1458] (Flannery, David) [Entered: 01/19/2016 11:39 AM]
STATEMENT OF ISSUES [1594052] filed by American Public Power Association and Utility Air Regulatory Group in 15-1448 [Service Date: 01/15/2016 ] [15-1448, 15-1381] (Wood, Allison) [Entered: 01/15/2016 06:44 PM]
DOCKETING STATEMENT [1594051] filed by American Public Power Association and Utility Air Regulatory Group in 15-1448 [Service Date: 01/15/2016 ] [15-1448, 15-1381] (Wood, Allison) [Entered: 01/15/2016 06:42 PM]
RELIEF ADDED--MOTION [1594030] filed by Biogenic CO2 Coalition in 15-1480 to sever and to hold case in abeyance (Response to Motion served by mail due on 01/28/2016) [Service Date: 01/15/2016 by CM/ECF NDA] Pages: 11-15. [15-1480, 15-1381]--[Edited 01/19/2016 by LMC] (Williamson, David) [Entered: 01/15/2016 04:36 PM]
STATEMENT OF ISSUES [1593949] filed by National Mining Association in 15-1456 [Service Date: 01/15/2016 ] [15-1456, 15-1381] (Glaser, Peter) [Entered: 01/15/2016 02:05 PM]
NOTICE [1593689] filed by Commonwealth of Kentucky in 15-1399 to withdraw attorney John William Conway who represented Commonwealth of Kentucky in 15-1399 [Service Date: 01/14/2016 ] [15-1399, 15-1381] (Dutton, Gregory) [Entered: 01/14/2016 04:00 PM]
ENTRY OF APPEARANCE [1593481] filed by James S. Alves and co-counsel Ralph A. Peterson on behalf of Petitioner Gulf Power Company. [15-1468] (Alves, James) [Entered: 01/13/2016 09:09 PM]
REPLY [1593420] filed by State of North Dakota in 15-1381, Energy & Environment Legal Institute in 15-1397 to response [1592637-2] [Service Date: 01/13/2016 by CM/ECF NDA] Pages: 1-10. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1480, 15-1481, 15-1482, 15-1484] (Seby, Paul) [Entered: 01/13/2016 04:22 PM]
ENTRY OF APPEARANCE [1593391] filed by Vera P. Pardee and co-counsel Kevin P. Bundy on behalf of Intervenor for Respondent Center for Biological Diversity in 15-1381. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1480, 15-1481, 15-1482, 15-1484] (Bundy, Kevin) [Entered: 01/13/2016 03:28 PM]
JOINT ENTRY OF APPEARANCE [1593119] filed by Michael J. Myers and co-counsel Andrew G. Frank on behalf of Intervenor for Respondent State of New York in 15-1381, Movant-Intervenor for Respondent State of New York in 15-1396, 15-1397. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1480, 15-1481, 15-1482, 15-1484] (Frank, Andrew) [Entered: 01/12/2016 03:56 PM]
DOCKETING STATEMENT AND STATEMENT OF ISSUES [1592810] filed by International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO in 15-1434 [Service Date: 01/11/2016 ] [15-1434, 15-1381]--[Edited 01/19/2016 by LMF] (Trisko, Eugene) [Entered: 01/11/2016 01:24 PM]
RESPONSE IN OPPOSITION [1592637] filed by American Lung Association, Center for Biological Diversity, City of New York, Clean Air Council, Clean Wisconsin, Commonwealth of Massachusetts, Commonwealth of Virginia, Conservation Law Foundation, DC, Environmental Defense Fund, Natural Resources Defense Council, Nextera Energy, Inc., Ohio Environmental Council, Sierra Club, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maine, State of Maryland, State of Minnesota, State of New Hampshire, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont and State of Washington in 15-1381 to motion to extend time [1592154-2] [Service Date: 01/08/2016 by CM/ECF NDA] Pages: 11-15. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1480, 15-1481, 15-1482, 15-1484] (Donahue, Sean) [Entered: 01/08/2016 05:28 PM]
ENTRY OF APPEARANCE [1592469] filed by Matthew L. Gooch on behalf of Movant-Intervenor for Respondent Commonwealth of Virginia in 15-1434. [15-1434, 15-1381, 15-1396, 15-1397, 15-1399, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1480, 15-1481, 15-1482, 15-1484] (Gooch, Matthew) [Entered: 01/08/2016 11:06 AM]
JOINT UNOPPOSED MOTION [1592154] filed by State of North Dakota in 15-1381, Murray Energy Corporation in 15-1396, Energy & Environment Legal Institute in 15-1397, Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming in 15-1399, Peabody Energy Corporation in 15-1438, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO in 15-1434, American Public Power Association and Utility Air Regulatory Group in 15-1448, National Mining Association in 15-1456, Indiana Utility Group in 15-1458, United Mine Workers of America, AFL-CIO in 15-1463, Basin Electric Power Cooperative, East Kentucky Power Cooperative, Inc., Hoosier Energy Rural Electric Cooperative, Inc., Minnkota Power Cooperative, Inc., National Rural Electric Cooperative Association, Sunflower Electric Power Corporation and Tri-State Generation & Transmission Association Inc. in 15-1484, Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company and Southern Power Company in 15-1468, Big Brown Lignite Company, LLC, Big Brown Power Company, LLC, Luminant Big Brown Mining Company, LLC, Luminant Generation Company, LLC, Luminant Mining Company, LLC, Oak Grove Management Company, LLC and Sandow Power Company, LLC in 15-1482, American Chemistry Council, American Coke and Coal Chemicals Institute, American Forest & Paper Association, American Foundry Society, American Fuel & Petrochemical Manufacturers, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Chamber of Commerce of the United States of America, Electricity Consumers Resource Council, Lignite Energy Council, National Association of Manufacturers, National Federation of Independent Business, National Lime Association, National Oilseed Processors Association and Portland Cement Association in 15-1469, Biogenic CO2 Coalition in 15-1480, American Coalition for Clean Coal Electricity in 15-1481 to extend time to file motion [Service Date: 01/06/2016 ] Pages: 21-30. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1480, 15-1481, 15-1482, 15-1484] (Lorenzen, Thomas) [Entered: 01/06/2016 06:02 PM]
CLERK'S ORDER [1590716] filed directing party to file in 15-1480, 15-1481 initial submissions: PETITIONER docketing statement due 01/27/2016. PETITIONER statement of issues due 01/27/2016 [15-1381, 15-1480, 15-1481] [Entered: 12/28/2015 09:48 AM]
MODIFIED PARTY FILER--MOTION [1590560] filed by Commonwealth of Virginia for leave to intervene [Disclosure Listing: Not Applicable to this Party] [Service Date: 12/24/2015 ] [15-1434, 15-1381, 15-1396, 15-1397, 15-1399, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463, 15-1468, 15-1469, 15-1482]--[Edited 01/07/2016 by LMF] (Gooch, Matthew) [Entered: 12/24/2015 10:11 AM]
CLERK'S ORDER [1590533] filed consolidating cases 15-1469 (Consolidation started 12/24/2015) with 15-1381. Directing party to file in 15-1469 initial submissions: PETITIONER docketing statement due 01/25/2016. PETITIONER statement of issues due 01/25/2016 [15-1381, 15-1469] [Entered: 12/24/2015 09:21 AM]
CLERK'S ORDER [1590484] filed consolidating cases 15-1482 (Consolidation started 12/23/2015) with 15-1381. Directing party to file in 15-1482 initial submissions: PETITIONER docketing statement due 01/22/2016. PETITIONER statement of issues due 01/22/2016 [15-1381, 15-1482] [Entered: 12/23/2015 04:37 PM]
CLERK'S ORDER [1590400] filed consolidating cases 15-1468 (Consolidation started 12/23/2015) with 15-1381. Directing party to file in 15-1468 initial submissions: PETITIONER docketing statement due 01/22/2016. PETITIONER statement of issues due 01/22/2016 [15-1381, 15-1468] [Entered: 12/23/2015 02:38 PM]
ENTRY OF APPEARANCE [1590134] filed by Jack Conway and co-counsel Gregory T. Dutton on behalf of Petitioner Commonwealth of Kentucky. [15-1399] (Dutton, Gregory) [Entered: 12/22/2015 03:50 PM]
ENTRY OF APPEARANCE [1589830] filed by Misha Tseytlin and co-counsel Brad D. Schimel Andrew Cook Delanie Breuer on behalf of Petitioner State of Wisconsin in 15-1399. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463] (Tseytlin, Misha) [Entered: 12/21/2015 03:46 PM]
CLERK'S ORDER [1589478] filed consolidating cases 15-1463 (Consolidation started 12/18/2015) with 15-1381, et al.; directing party to file in 15-1463 initial submissions: PETITIONER docketing statement due 01/19/2016. PETITIONER statement of issues due 01/19/2016. [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438, 15-1448, 15-1456, 15-1458, 15-1463] [Entered: 12/18/2015 02:23 PM]
CLERK'S ORDER [1589108] filed consolidating cases 15-1458 (Consolidation started 12/17/2015) with 15-1381; amending Clerk order initial submissions for appellant/petitioner [1589103-2] in 15-1458. Directing party to file in 15-1458 initial submissions: PETITIONER docketing statement due 01/19/2016. PETITIONER statement of issues due 01/19/2016 [15-1458, 15-1381] [Entered: 12/17/2015 10:12 AM]
CLERK'S ORDER [1588910] filed consolidating cases 15-1456 (Consolidation started 12/16/2015) with 15-1381. Directing party to file in 15-1456 initial submissions: PETITIONER docketing statement due 01/15/2016. PETITIONER statement of issues due 01/15/2016 [15-1381, 15-1456] [Entered: 12/16/2015 12:11 PM]
CLERK'S ORDER [1588880] filed consolidating cases 15-1448 (Consolidation started 12/16/2015) with 15-1381; directing party to file in 15-1448 initial submissions: PETITIONER docketing statement due 01/15/2016. PETITIONER statement of issues due 01/15/2016 [15-1448, 15-1381] [Entered: 12/16/2015 11:25 AM]
NOTICE [1588089] filed by EPA in 15-1381, EPA and Regina A. McCarthy in 15-1396, 15-1397, 15-1399, 15-1438, 15-1434 Notice of Filing of Certified Index to the Administrative Record. [Service Date: 12/11/2015 ] [15-1381, 15-1396, 15-1397, 15-1399, 15-1434, 15-1438] (Lynk, Brian) [Entered: 12/11/2015 11:20 AM]
CLERK'S ORDER [1588030] filed consolidating cases 15-1434 (Consolidation started 12/11/2015) with 15-1381; directing party to file in 15-1434 initial submissions: PETITIONER docketing statement due 01/11/2016. PETITIONER statement of issues due 01/11/2016 [15-1381, 15-1434] [Entered: 12/11/2015 09:44 AM]
NOTICE [1587990] filed by State of West Virginia to withdraw attorney Misha Tseytlin who represented State of West Virginia in 15-1399 [Service Date: 12/10/2015 ] [15-1399] (Lin, Elbert) [Entered: 12/10/2015 04:40 PM]
CLERK'S ORDER [1587261] filed consolidating cases 15-1438 (Consolidation started 12/07/2015) with 15-1381; directing party to file in 15-1438 initial submissions: PETITIONER docketing statement due 01/06/2016. PETITIONER statement of issues due 01/06/2016 [15-1381, 15-1396, 15-1397, 15-1399, 15-1438] [Entered: 12/07/2015 04:07 PM]
JOINT STATEMENT OF ISSUES [1587212] filed by Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming [Service Date: 12/07/2015 ] [15-1399] (Lin, Elbert) [Entered: 12/07/2015 02:46 PM]
JOINT DOCKETING STATEMENT [1587209] filed by Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming [Service Date: 12/07/2015 ] [15-1399] (Lin, Elbert) [Entered: 12/07/2015 02:43 PM]
ENTRY OF APPEARANCE [1587124] filed by Richard Ayres and co-counsel Jessica Olson, John Bernetich on behalf of Movant-Intervenor for Respondent Nextera Energy, Inc. in 15-1381. [15-1381, 15-1396, 15-1397, 15-1399] (Bernetich, John) [Entered: 12/07/2015 11:57 AM]
ENTRY OF APPEARANCE [1587104] filed by James Kaste and co-counsel Michael J. McGrady, Elizabeth Morrisseau, and Erik Petersen on behalf of Petitioner State of Wyoming in 15-1399. [15-1381, 15-1396, 15-1397, 15-1399] (Petersen, Erik) [Entered: 12/07/2015 11:27 AM]
STATEMENT OF ISSUES [1586463] filed by Energy & Environment Legal Institute in 15-1397 [Service Date: 12/02/2015 ] [15-1397, 15-1381] (Mandelbaum, Chaim) [Entered: 12/02/2015 06:17 PM]
ENTRY OF APPEARANCE [1586252] filed by Bethany A. Davis Noll on behalf of Movant-Intervenor for Respondent State of New York. [15-1381] (Davis Noll, Bethany) [Entered: 12/02/2015 09:51 AM]
CLERK'S ORDER [1586106] filed granting motion to extend time [1585345-2]; directing party to file briefing format - Proposed formats due 01/11/2016 [15-1381, 15-1396, 15-1397, 15-1399] [Entered: 12/01/2015 01:53 PM]
ENTRY OF APPEARANCE [1585842] filed by D. Bryan Hughes on behalf of Movant-Intervenors for Petitioner Gulf Coast Lignite Coalition and Lignite Energy Council in 15-1381. [15-1381, 15-1396, 15-1397, 15-1399] (Walters, Mark) [Entered: 11/30/2015 04:26 PM]
ENTRY OF APPEARANCE [1585839] filed by Mark L. Walters and co-counsel Michael J. Nasi on behalf of Movant-Intervenors for Petitioner Gulf Coast Lignite Coalition and Lignite Energy Council in 15-1381. [15-1381, 15-1396, 15-1397, 15-1399] (Walters, Mark) [Entered: 11/30/2015 04:24 PM]
CORRECTED STATEMENT OF ISSUES [1585649] filed by State of North Dakota [Service Date: 11/27/2015 ] [15-1381] (Seby, Paul) [Entered: 11/27/2015 01:45 PM]
UNDERLYING DECISION IN CASE [1585647] submitted by Energy & Environment Legal Institute in 15-1397 [Service Date: 11/27/2015 ] [15-1397, 15-1381, 15-1396, 15-1399] (Mandelbaum, Chaim) [Entered: 11/27/2015 12:27 PM]
UNDERLYING DECISION IN CASE [1585644] submitted by State of North Dakota [Service Date: 11/27/2015 ] [15-1381] (Seby, Paul) [Entered: 11/27/2015 12:16 PM]
CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1585641] filed by State of North Dakota [Service Date: 11/27/2015 ] [15-1381] (Seby, Paul) [Entered: 11/27/2015 12:07 PM]
UNDERLYING DECISION IN CASE [1585639] submitted by Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming [Service Date: 11/27/2015 ] [15-1399] (Lin, Elbert) [Entered: 11/27/2015 10:38 AM]
JOINT STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1585638] filed by Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming [Service Date: 11/27/2015 ] Intent: AppxDeferred [15-1399] (Lin, Elbert) [Entered: 11/27/2015 10:36 AM]
JOINT CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1585637] filed by Arizona Corporation Commission, Commonwealth of Kentucky, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Louisiana Department of Environmental Quality, State of Michigan, State of Missouri, State of Montana, State of Nebraska, State of North Carolina Department of Environmental Quality, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin and State of Wyoming [Service Date: 11/27/2015 ] [15-1399] (Lin, Elbert) [Entered: 11/27/2015 10:34 AM]
ENTRY OF APPEARANCE [1585487] filed by Christopher L. Bell on behalf of Movant-Intervenor for Respondent Golden Spread Electric Cooperative, Inc. in 15-1381, 15-1396, 15-1397, 15-1399. [15-1381, 15-1396, 15-1397, 15-1399] (Bell, Christopher) [Entered: 11/25/2015 01:17 PM]
MOTION [1585345] filed by EPA in 15-1381, EPA and Regina A. McCarthy in 15-1396, 15-1397, 15-1399 to extend time to file motion to 01/11/2016. (Response to Motion served by mail due on 12/07/2015) [Service Date: 11/24/2015 by CM/ECF NDA] Pages: 1-10. [15-1381, 15-1396, 15-1397, 15-1399] (Lynk, Brian) [Entered: 11/24/2015 11:25 PM]
MODIFIED PARTY FILER--JOINT MOTION [1585074] filed by The Lignite Energy Council and The Gulf Coast Lignite Coalition for leave to intervene [Disclosure Listing: Attached] [Service Date: 11/23/2015 ] [15-1381, 15-1396, 15-1397, 15-1399]--[Edited 11/24/2015 by JJA] (Walters, Mark) [Entered: 11/23/2015 06:44 PM]
MODIFIED PARTY FILER--MOTION [1584664] filed by State of Minnesota, by and through the Minnesota Pollution Control Agency for leave to intervene [Disclosure Listing: Not Applicable to this Party] [Service Date: 11/20/2015 ] [15-1381, 15-1396, 15-1397, 15-1399]--[Edited 11/23/2015 by JJA] (Kieley, Max) [Entered: 11/20/2015 12:48 PM]
MODIFIED PARTY FILER--MOTION [1584191] filed by Golden Spread Electric Cooperative, Inc. for leave to intervene [Disclosure Listing: Attached] [Service Date: 11/18/2015 ] [15-1381, 15-1396, 15-1397, 15-1399]--[Edited 11/19/2015 by JJA] (Bell, Christopher) [Entered: 11/18/2015 01:35 PM]
ENTRY OF APPEARANCE [1583736] filed by Steven R. Blair on behalf of Petitioner State of South Dakota in 15-1399. [15-1399, 15-1381] (Blair, Steven) [Entered: 11/16/2015 12:13 PM]
ENTRY OF APPEARANCE [1583107] filed by Megan K. Terrell on behalf of Petitioner State of Louisiana. [15-1399] (Terrell, Megan) [Entered: 11/12/2015 09:59 AM]
ENTRY OF APPEARANCE [1583062] filed by Dominic E. Draye and co-counsel John R. Lopez IV; Keith J. Miller on behalf of Petitioner Arizona Corporation Commission in 15-1399. [15-1399, 15-1381, 15-1396, 15-1397] (Draye, Dominic) [Entered: 11/10/2015 05:22 PM]
ENTRY OF APPEARANCE [1582883] filed by Lee Rudofsky and co-counsel Jamie L. Ewing on behalf of Petitioner State of Arkansas in 15-1399. [15-1399, 15-1381] (Ewing, Jamie) [Entered: 11/10/2015 11:41 AM]
ENTRY OF APPEARANCE [1582842] filed by Justin D. Lavene on behalf of Petitioner State of Nebraska. [15-1399] (Lavene, Justin) [Entered: 11/10/2015 10:35 AM]
ENTRY OF APPEARANCE [1582732] filed by James Emory Smith, Jr. on behalf of Petitioner State of South Carolina in 15-1399. [15-1399, 15-1381] (Smith, James) [Entered: 11/09/2015 04:54 PM]
ENTRY OF APPEARANCE [1582726] filed by Brad D. Schimel and co-counsel Delanie Breuer, Andrew Cook on behalf of Petitioner State of Wisconsin in 15-1399. [15-1381, 15-1396, 15-1397, 15-1399] (Breuer, Delanie) [Entered: 11/09/2015 04:39 PM]
ENTRY OF APPEARANCE [1582714] filed by Britt C. Grant on behalf of Petitioner State of Georgia. [15-1399] (Grant, Britt) [Entered: 11/09/2015 04:21 PM]
ENTRY OF APPEARANCE [1582685] filed by Thomas M. Fisher and co-counsel Timothy J. Junk on behalf of Petitioner State of Indiana in 15-1399. [15-1399, 15-1381, 15-1396, 15-1397] (Fisher, Thomas) [Entered: 11/09/2015 03:29 PM]
ENTRY OF APPEARANCE [1582622] filed by Sam M. Hayes on behalf of Petitioner State of North Carolina Department of Environmental Quality in 15-1399. [15-1399, 15-1381] (Hayes, Sam) [Entered: 11/09/2015 02:00 PM]
ENTRY OF APPEARANCE [1582602] filed by Donald J. Trahan and co-counsel Elliott B. Vega Herman Robinson on behalf of Petitioner State of Louisiana Department of Environmental Quality. [15-1399] (Trahan, Donald) [Entered: 11/09/2015 01:24 PM]
ENTRY OF APPEARANCE [1582593] filed by Aaron D. Lindstrom and co-counsel Neil D. Gordon on behalf of Petitioner State of Michigan in 15-1399. [15-1399, 15-1381, 15-1396, 15-1397] (Gordon, Neil) [Entered: 11/09/2015 12:40 PM]
ENTRY OF APPEARANCE [1582562] filed by Paul Clayton Eubanks on behalf of Petitioner State of Oklahoma in 15-1399. [15-1399, 15-1381, 15-1396, 15-1397] (Eubanks, P.) [Entered: 11/09/2015 11:00 AM]
ENTRY OF APPEARANCE [1582552] filed by Scott A. Keller on behalf of Petitioner State of Texas in 15-1399. [15-1399, 15-1381, 15-1396, 15-1397] (Keller, Scott) [Entered: 11/09/2015 10:30 AM]
ENTRY OF APPEARANCE [1582540] filed by Elbert Lin and co-counsel Misha Tseytlin; J. Zak Ritchie on behalf of Petitioner State of West Virginia. [15-1399] (Lin, Elbert) [Entered: 11/09/2015 09:47 AM]
ENTRY OF APPEARANCE [1582484] filed by Jeffrey A. Chanay and co-counsel Bryan C. Clark on behalf of Petitioner State of Kansas in 15-1399. [15-1399, 15-1381, 15-1396, 15-1397] (Clark, Bryan) [Entered: 11/06/2015 04:34 PM]
ENTRY OF APPEARANCE [1582473] filed by Allen Winsor and co-counsel Jonathan A. Glogau and Jonathan L. Williams on behalf of Petitioner State of Florida. [15-1399] (Williams, Jonathan) [Entered: 11/06/2015 04:20 PM]
CLERK'S ORDER [1582440] filed consolidating cases 15-1399 (Consolidation started 11/06/2015) with 15-1381. Directing party to file in 15-1399 initial submissions: PETITIONER docketing statement due 12/07/2015. PETITIONER statement of issues due 12/07/2015 [15-1381, 15-1399] [Entered: 11/06/2015 03:42 PM]
LETTER [1581916] sent regarding attorney membership to William F. Cooper for State of Hawaii, Jacob Larson for State of Iowa and Thiruvendran Vignarajah for State of Maryland. Application for Admission due 12/04/2015. [15-1381] [Entered: 11/04/2015 01:46 PM]
ENTRY OF APPEARANCE [1581867] filed by Ann Brewster Weeks and co-counsel James Patrick Duffy on behalf of Movant-Intervenors for Respondent American Lung Association, Clean Air Council, Clean Wisconsin, Conservation Law Foundation and Ohio Environmental Council. [15-1381] (Duffy, James) [Entered: 11/04/2015 11:36 AM]
MODIFIED PARTY FILER--MOTION [1581832] filed by The States of California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington, the District of Columbia, and the City of New York for leave to intervene [Disclosure Listing: Not Applicable to this Party] [Service Date: 11/04/2015 ] [15-1381, 15-1396, 15-1397]--[Edited 11/04/2015 by JJA] (Sullivan, Timothy) [Entered: 11/04/2015 10:59 AM]
CLERK'S ORDER [1581375] filed consolidating cases 15-1396, 15-1397 (Consolidation started 11/02/2015) with 15-1381. Directing party to file in 15-1396, 15-1397 initial submissions: PETITIONER docketing statement due 12/02/2015. PETITIONER statement of issues due 12/02/2015 [15-1381, 15-1396, 15-1397].--[Edited 11/02/2015 by MLG] [Entered: 11/02/2015 09:55 AM]
ENTRY OF APPEARANCE [1581301] filed by Sean H. Donahue and co-counsel Tomas Carbonell, Martha Roberts, Vickie Patton on behalf of Movant-Intervenor for Respondent Environmental Defense Fund. [15-1381] (Donahue, Sean) [Entered: 11/01/2015 10:51 AM]
ENTRY OF APPEARANCE [1580826] filed by Selena Kyle and co-counsel Jared Knicley on behalf of Movant-Intervenor for Respondent Natural Resources Defense Council. [15-1381] (Knicley, Jared) [Entered: 10/29/2015 02:55 PM]
CLERK'S ORDER [1580614] filed directing petitioner to file initial submissions: docketing statement due 11/27/2015, certificate as to parties, etc. due 11/27/2015, statement of issues due 11/27/2015, underlying decision due 11/27/2015, deferred appendix statement due 11/27/2015, procedural motions due 11/27/2015, and dispositive motions due 12/14/2015. Directing respondent to file initial submissions: entry of appearance due 11/27/2015, procedural motions due 11/27/2015, certified index to record due 12/14/2015, and dispositive motions due 12/14/2015. [15-1381] [Entered: 10/28/2015 04:30 PM]
MODIFIED PARTY FILER--MOTION [1580224] filed by American Lung Association, Center for Biological Diversity, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Environmental Defense Fund, Natural Resources Defense Council, Ohio Environmental Council, and Sierra Club for leave to intervene [Disclosure Listing: Attached] [Service Date: 10/27/2015 ] [15-1381]--[Edited 10/28/2015 by JJA] (Longstreth, Benjamin) [Entered: 10/27/2015 01:25 PM]
PETITION FOR REVIEW [1579908] filed by of a decision by federal agency [Service Date: 10/23/2015] Certificate of Parties: Attached. [15-1381] [Entered: 10/26/2015 12:25 PM]
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