Upper Missouri Waterkeeper v. USEPA, et al

Docket(#12) MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. The briefing schedule previously established by the court remains in effect. [11609712] [20-35135, 20-35137, 20-35136] (LW) [Entered: 02/26/2020 12:53 PM]

Docket(#11) Filed (ECF) Appellant Upper Missouri Waterkeeper in 20-35137, Appellee Upper Missouri Waterkeeper in 19-35898, 19-35899, 20-35135, 20-35136 Mediation Questionnaire. Date of service: 02/25/2020. [11608831] [20-35137, 19-35898, 19-35899, 20-35135, 20-35136] (Brimmer, Janette) [Entered: 02/25/2020 04:05 PM]

Docket(#10) Filed (ECF) Appellants National Association of Clean Water Agencies and The Montana League of Cities and Towns in 19-35898, Appellees National Association of Clean Water Agencies and The Montana League of Cities and Towns in 20-35137 Mediation Questionnaire. Date of service: 02/25/2020. [11608668] [19-35898, 19-35899, 20-35135, 20-35136, 20-35137] (Parr, Ashley) [Entered: 02/25/2020 03:12 PM]

Docket(#9) Filed (ECF) Appellee Treasure State Resources Association of Montana in 20-35137 Mediation Questionnaire. Date of service: 02/25/2020. [11608404] [20-35135, 19-35898, 19-35899, 20-35136, 20-35137] (Stermitz, Mark) [Entered: 02/25/2020 01:48 PM]

Docket(#8) The Mediation Questionnaire for this case was filed on 02/25/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11608266]. [20-35136] (AD) [Entered: 02/25/2020 12:45 PM]

Docket(#7) The Mediation Questionnaire for this case was filed on 02/25/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11608256]. [20-35136] (AD) [Entered: 02/25/2020 12:44 PM]

Docket(#6) Filed (ECF) Appellant State of Montana Department of Environmental Quality in 20-35135 Mediation Questionnaire. Date of service: 02/25/2020. [11608172] [20-35135, 19-35898, 19-35899, 20-35136, 20-35137] (Moser, Kurt) [Entered: 02/25/2020 11:58 AM]

Docket(#5) Filed (ECF) Appellants USEPA and Andrew Wheeler in 20-35136, Appellees USEPA and Andrew Wheeler in 20-35137 Mediation Questionnaire. Date of service: 02/25/2020. [11607718] [20-35136, 19-35898, 19-35899, 20-35135, 20-35137] (Smeltzer, John) [Entered: 02/25/2020 09:16 AM]

Docket(#4) Added Attorney(s) John Luther Smeltzer for party(s) Appellee USEPA, in case 20-35137 Attorney(s) John Luther Smeltzer for party(s) Appellant USEPA, in case 20-35136. [11602067] [19-35898, 20-35137, 19-35899, 20-35135, 20-35136] (NAC) [Entered: 02/19/2020 02:27 PM]

Docket(#3) Filed (ECF) notice of appearance of John L. Smeltzer (U.S. Department of Justice, ENRD Appellate Section, PO Box 7415, Washington, DC 20044) for Appellants USEPA and Andrew Wheeler in 20-35136, Appellees USEPA and Andrew Wheeler in 20-35137. Date of service: 02/19/2020. (Party was previously proceeding with counsel.) [11602061] [20-35136, 19-35898, 19-35899, 20-35135, 20-35137] (Smeltzer, John) [Entered: 02/19/2020 02:24 PM]

Docket(#2) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Appellant Upper Missouri Waterkeeper Mediation Questionnaire due on 02/25/2020. First cross appeal brief due 05/26/2020 for National Association of Clean Water Agencies, State of Montana Department of Environmental Quality, The Montana League of Cities and Towns, Treasure State Resources Association of Montana, U.S. Environmental Protection Agency and Andrew Wheeler. Second brief on cross appeal due 06/25/2020 for Upper Missouri Waterkeeper. Third brief on cross appeal due 07/27/2020 for National Association of Clean Water Agencies, State of Montana Department of Environmental Quality, The Montana League of Cities and Towns, Treasure State Resources Association of Montana, U.S. Environmental Protection Agency and Andrew Wheeler. Optional cross appeal reply brief is due within 21 days of service of third brief on cross appeal. [11599553] [20-35137, 19-35898, 19-35899, 20-35135, 20-35136] (JBS) [Entered: 02/18/2020 10:39 AM]

Docket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants U.S. Environmental Protection Agency and Andrew Wheeler Mediation Questionnaire due on 02/25/2020. Transcript ordered by 03/16/2020. Transcript due 04/14/2020. Appellants U.S. Environmental Protection Agency and Andrew Wheeler opening brief due 05/26/2020. Appellee Upper Missouri Waterkeeper answering brief due 06/25/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11599482] (JBS) [Entered: 02/18/2020 10:25 AM]