United States Circuit Court of Appeals for the District of Columbia
Court of Appeals Docket #: 13-5228
Docketed: 07/24/2013
Termed: 12/23/2014
Nature of Suit: 2893 Environmental Matters
Trumpeter Swan Society, et al v. EPA, et al
Appeal From: United States District Court for the District of Columbia
Summary/Issues: Environmental; Challenges EPA decision not to initiate rulemaking procedure for lead ammunition.
Filing Date | Filing Party | Document Description |
Circuit Court of Appeal for the District of Columbia | ||
12/23/2014 | Court | Order re Courts Own Motion to Withhold Issuance of Mandate |
12/23/2014 | Court | Opinion |
12/23/2014 | Court | Judgment |
10/24/2014 | Court | Oral Argument Held |
10/17/2014 | Court | FORM 72 submitted by arguing attorney, Jennifer S. Neumann, on behalf of Appellees EPA and Gina McCarthy. |
10/17/2014 | Court | FORM 72 submitted by arguing attorney, Christopher L. Bell, on behalf of Appellee National Shooting Sports Foundation, Inc. |
10/17/2014 | Court | FORM 72 submitted by arguing attorney, William John Snape, III, on behalf of Appellants Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council. |
10/14/2014 | Court | Order Amending Time Allocated for Oral Argument |
10/10/2014 | Court | Order Allocating Time for Oral Argument |
7/16/2014 | Court | Order Setting Oral Argument for October 24, 2014 |
4/28/2014 | Appellee | Appellees Letter to Court Requesting Court Avoid Setting Oral Argument on October 16-17, 2014 |
4/3/2014 | Appellant | Corrected Final Opening Brief of Appellants |
4/2/2014 | Appellant | Final Reply Brief of Appellants |
4/2/2014 | Court | INCORRECT DOCKET ENTRY-DISREGARD-corrected brief filed-APPELLANT FINAL BRIEF [1486693] filed by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council [Service Date: 04/02/2014 ] Length of Brief: 8,057 words. |
4/1/2014 | Intervenor | Final Joint Brief of Intervenor-Appellees National Shooting Sports Foundation, Inc. et al |
3/27/2014 | Appellee | Final Brief for the Federal Defendants-Appellees |
3/25/2014 | Appellant | Joint Appendix |
3/19/2014 | Appellant | ERRATA FILED [1484417] by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council to Appellant/Petitioner reply brief [1484323-2] . Reason for errata: Counsel inadvertantly failed to denote the authorities principally relied on in brief. |
3/18/2014 | Appellant | Reply Brief of Appellants |
2/20/2014 | Court | CLERK’S ORDER filed [1480745] granting appellants’ unopposed motion to extend time to file the reply brief and deferred appendix [1480419-2], The following revised briefing schedule will now apply: APPELLANT Reply Brief due 03/18/2014. DEFERRED APPENDIX due 03/25/2014. Final Briefs due 04/08/2014. |
2/18/2014 | Appellant | Unopposed Motion for 14-Day Extension of Time to File Reply Brief and Deferred Appendix |
2/18/2014 | Intervenor | Joint Brief of Intervenor-Appellees National Shooting Sports Foundation, Inc. et al. |
2/3/2014 | Appellee | Brief for the Federal Defendants-Appellees |
12/17/2013 | Court | Order Granting Unopposed Motion for 35-Day Extension of Time to File Response Briefs |
12/15/2013 | Appellee | Unopposed Motion for 35-Day Extension of Time to File Response Briefs |
11/27/2013 | Appellant | Opening Brief of Appellants |
10/15/2013 | Court | CLERK’S ORDER filed [1461338] setting briefing schedule: APPELLANT Brief due 11/29/2013. APPELLEE Brief due on 12/30/2013. INTERVENOR-APPELLEE Brief due on 01/14/2014. APPELLANT Reply Brief due 01/28/2014. Deferred Appendix due 02/04/2014. Final Briefs due 02/18/2014. |
10/11/2013 | Court | CLERK’S ORDER filed [1460876] discharging order to show cause [1457653-3]; directing that intervenors-appellees be limited to one joint brief, not to exceed 8,750 words. |
10/11/2013 | Intervenor | Intervenor-Appellees’ Joint Response to Order to Show Cause Regarding Joint Briefing |
9/20/2013 | Court | Order Requesting Intervenor to Show Cause Why They Should Not Be Limited To Joint Brief |
9/3/2013 | Appellant | ENTRY OF APPEARANCE filed [1454653] by William J. Snape III and co-counsel Adam Keats on behalf of Appellants Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council. |
8/23/2013 | Intervenor | Intervenor-Appellees’ Joint Certificate as to Parties, Rulings, and Related Cases |
8/23/2013 | Appellant | Statement of Intent to Utilize Deferred Joint Appendix |
8/23/2013 | Appellant | AMENDED CERTIFICATE OF SERVICE [1453367] to statement [1453365-2], certificate [1453193-2], certificate [1453079-2], record [1453077-2], report status of transcript (interim) [1453074-2], report status of transcript (final) [1453074-3], notice [1453073-2], statement [1453072-2], statement [1453070-2] filed by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council. |
8/23/2013 | Appellant | INCORRECT DOCKET ENTRY-DISREGARD-corrected document filed-STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL FILED [1453365] by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council [Service Date: 08/23/2013 ] Intent: AppxDeferred |
8/23/2013 | Appellee | Federal Defendants-Appellees’ Certificate as to Parties, Rulings, and Related Cases |
8/22/2013 | Appellant | CERTIFICATE OF SERVICE [1453079] to record [1453077-2], report status of transcript (interim) [1453074-2], notice [1453073-2], statement [1453072-2], statement [1453070-2] filed by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council. [13-5228] (Snape, William) |
8/22/2013 | Appellant | Underlying Decision From Which Appeal or Petition Arises |
8/22/2013 | Court | MODIFIED DOCKET TEXT–TRANSCRIPT STATUS REPORT [1453074] by Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council [Service Date: 08/22/2013 ]. Status of Transcripts: Final – All transcripts needed for the appeal have been completed and received. |
8/22/2013 | Court | ENTRY OF APPEARANCE filed [1453073] by William J. Snape, III and co-counsel Adam Keats (pending) on behalf of Appellants Cascades Raptor Center, Center for Biological Diversity, Loon Lake Loon Association, Preserve Our Wildlife Organization, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council. |
8/22/2013 | Appellant | Appellants Civil Docketing Statement |
8/22/2013 | Appellant | Statement of Issues To Be Raised |
8/22/2013 | Court | ENTRY OF APPEARANCE filed [1453069] by Christopher A. Conte on behalf of Appellee National Rifle Association of America. |
8/22/2013 | Appellant | Certificate As To Parties, Rulings, and Related Cases |
8/21/2013 | Appellee | ENTRY OF APPEARANCE filed [1452843] by Robert N. Steinwurtzel and co-counsel Michael S. Snarr Thomas Edward Hogan on behalf of Appellee Association of Battery Recyclers, Inc.. |
8/19/2013 | Appellee | ENTRY OF APPEARANCE filed [1452312] by Anna M. Seidman on behalf of Appellee Safari Club International. |
8/12/2013 | Appellee | ENTRY OF APPEARANCE filed [1451262] by Roger R. Martella, Jr. and co-counsel Christopher L. Bell on behalf of Appellee National Shooting Sports Foundation, Inc.. |
8/5/2013 | Appellee | ENTRY OF APPEARANCE filed [1450051] by Jennifer Scheller Neumann and co-counsel David Gunter on behalf of Appellees EPA and Gina McCarthy. |
7/24/2013 | Court | CLERK’S AMENDED ORDER filed [1448297] directing party to file initial submissions: APPELLANT docketing statement due 08/23/2013. APPELLANT certificate as to parties, etc. due 08/23/2013. APPELLANT statement of issues due 08/23/2013. APPELLANT underlying decision due 08/23/2013. APPELLANT deferred appendix statement due 08/23/2013. APPELLANT notice of appearance due 08/23/2013. APPELLANT transcript status report due 08/23/2013. APPELLANT procedural motions due 08/23/2013. APPELLANT dispositive motions due 09/09/2013; directing party to file initial submissions: APPELLEE certificate as to parties, etc. due 08/23/2013. APPELLEE entry of appearance due 08/23/2013. APPELLEE procedural motions due 08/23/2013. APPELLEE dispositive motions due 09/09/2013 |
7/24/2013 | Court | Scheduling Order |
7/24/2013 | Appellant | NOTICE OF APPEAL TO DC CIRCUIT COURT as to Order on Motion to Dismiss |
7/24/2013 | Court | US CIVIL CASE docketed. |
USDC District of Columbia | ||
7.26.2013 | Court | USCA Case Number 13-5228 for 43 Notice of Appeal to DC Circuit Court, filed by CASCADES RAPTOR CENTER, TENNESSEE ORNITHOLOGICAL SOCIETY, TRUMPETER SWAN SOCIETY, PRESERVE OUR WILDLIFE ORGANIZATION, LOON LAKE LOON ASSOCIATION, CENTER FOR BIOLOGICAL DIVERSITY, WESTERN NEBRASKA RESOURCES COUNCIL. (jf, ) (Entered: 07/26/2013) |
7.23.2013 | Plaintiff | Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. |
7.22.2013 | Court | ORDER granting 25 , 26 , 27 , and 28 defendants’ and defendant-intervenors’ motions to dismiss. |
7.22.2013 | Plaintiff | NOTICE OF APPEAL TO DC CIRCUIT COURT as to Order on Motion to Dismiss |
7.9.2013 | Plaintiffs | NOTICE of Request for Entry of Judgment |
5.23.2013 | Court | Minute Entry for proceedings held before Judge Emmet G. Sullivan.Motion Hearing held on 5/23/2013 re 28 MOTION to Dismiss filed by NATIONAL RIFLE ASSOCIATION OF AMERICA, SAFARI CLUB INTERNATIONAL, 27 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, 25 MOTION to Dismiss filed by NATIONAL SHOOTING SPORTS FOUNDATION, INC., and 26 MOTION to Dismiss filed by ASSOCIATION OF BATTERY RECYCLERS, INC. (Court Reporter SUSAN TYNER.) (mac) (Entered: 05/24/2013) |
5.23.2013 | Court | MINUTE ORDER. For the reasons stated on the record during the hearing held on May 23, 2013, the Court hereby grants 25, 26, 27 , and 28 defendants ENVIRONMENTAL PROTECTION AGENCY and LISA P. JACKSON and defendant-intervenors NATIONAL SHOOTING SPORTS FOUNDATION, INC, ASSOCIATION OF BATTERY RECYCLERS, NATIONAL RIFLE ASSOCIATION, and SAFARI CLUB INTERNATIONAL motions to dismiss the amended complaint. Signed by Judge Emmet G. Sullivan on May 23, 2013. (lcegs1) (Entered: 05/23/2013) |
5.22.2013 | Intervenor NSSF | RESPONSE re 37 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by NATIONAL SHOOTING SPORTS FOUNDATION, INC |
5.22.2013 | Defendants | RESPONSE re 37 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. |
5.22.2013 | Intervenor NSSF | ENTERED IN ERROR…..NOTICE OF SUPPLEMENTAL AUTHORITY by NATIONAL SHOOTING SPORTS FOUNDATION, INC. |
5.22.2013 | Defendants | ENTERED IN ERROR…..NOTICE OF SUPPLEMENTAL AUTHORITY by LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION AGENC |
5.22.2013 | Court | Set/Reset Deadlines: government response to plaintiffs’ notice of supplemental authority due by 12:00 p.m. on 5/22/2013 (clv, ) (Entered: 05/22/2013) |
5.21.2013 | Court | MINUTE ORDER. The Court, sua sponte, orders the government to respond to [37] plaintiffs’ notice of supplemental authority by no later than 12:00 p.m. on May 22, 2013. Signed by Judge Emmet G. Sullivan on May 21, 2013. (lcegs1) (Entered: 05/21/2013) |
5.20.2013 | Plaintiffs | NOTICE OF SUPPLEMENTAL AUTHORITY |
5.13.2013 | Defendants | NOTICE OF SUBSTITUTION OF COUNSEL by Justin D. Heminger on behalf of LISA P. JACKSON, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney Madeline Fleisher |
4.23.2013 | Court | Set/Reset Hearings: Motion Hearing set for 5/23/2013 02:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, ) (Entered: 04/23/2013) |
4.22.2013 | Court | MINUTE ORDER. The Court, sua sponte, schedules a hearing on [25] , [26], [27], [28] defendant and defendant-intervenors’ motions to dismiss the amended complaint. The hearing will take place on May 23, 2013 at 2:00 p.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on April 22, 2013. (lcegs1) (Entered: 04/22/2013) |
9.25.2012 | Court | NOTICE OF CORRECTED DOCKET ENTRY: re [35] Reply to opposition to Motion was entered corrected to reflect that the opposition was to entry number [25] not [27] (jeb, ) (Entered: 09/25/2012) |
9.25.2012 | Intervenor NSSF | REPLY to opposition to motion re 25 MOTION to Dismiss by NATIONAL SHOOTING SPORTS FOUNDATION, INC |
9.25.2012 | Court | NOTICE OF ERROR re [34] Reply to opposition to Motion; emailed to [email protected], cc’d 15 associated attorneys — The PDF file you docketed contained errors: 1. Please refile document, 2. Document needs to be refiled by signing attorney login/password (zjf, ) (Entered: 09/25/2012) |
9.25.2012 | Court | NOTICE OF ERROR re [34] Reply to opposition to Motion; emailed to [email protected], cc’d 15 associated attorneys — The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. Filing attorney not listed on the docket or no appearance (zjf, ) (Entered: 09/25/2012) |
9.24.2012 | Court | ENTERED IN ERROR…..REPLY to opposition to motion re [25] MOTION to Dismiss filed by NATIONAL SHOOTING SPORTS FOUNDATION, INC.. (Wedeking, James) Modified on 9/25/2012 (zjf, ). (Entered: 09/24/2012) |
9.24.2012 | Intervenor Assoc. of Battery Recyclers | REPLY to opposition to motion re 26 MOTION to Dismiss filed by ASSOCIATION OF BATTERY RECYCLERS, INC. |
9.24.2012 | Defendants | REPLY to opposition to motion re 27 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by ENVIRONMENTAL PROTECTION AGENCY, LISA P. JACKSON |
9.20.2012 | Intervenor NRA/SCI | REPLY to opposition to motion re [28] MOTION to Dismiss filed by NATIONAL RIFLE ASSOCIATION OF AMERICA, SAFARI CLUB INTERNATIONAL |
9.13.2012 | Plaintiffs | Memorandum in opposition to Motions to Dismiss |
9.4.2012 | Intervenor NSSF | NOTICE of Appearance by Christopher L. Bell on behalf of NATIONAL SHOOTING SPORTS FOUNDATION, INC. |
8.31.2012 | Intervenor NRA/ SCI | MOTION to Dismiss by NATIONAL RIFLE ASSOCIATION OF AMERICA, SAFARI CLUB INTERNATIONAL |
8.31.2012 | Defendants | MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by ENVIRONMENTAL PROTECTION AGENCY, LISA P. JACKSON |
8.30.2012 | Intervenor Assoc. of Battery Recyclers | MOTION to Dismiss by ASSOCIATION OF BATTERY RECYCLERS, INC. |
8.30.2012 | Intervenor NSSF | Motion to Dismiss Plaintiffs’ Complaint |
7.31.2012 | Intervenor SCI | LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SAFARI CLUB INTERNATIONAL |
7.31.2012 | Intervenor NRA | LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL RIFLE ASSOCIATION OF AMERICA |
7.31.2012 | Court | MINUTE ORDER granting [22] National Rifle Association of America and Safari Club International’s unopposed motion to intervene. It is FURTHER ORDERED that defendant-intervenors National Rifle Association of America and Safari Club International shall respond to the amended complaint on or before the date on which defendants and the other defendant-intervenors are required to respond. Signed by Judge Emmet G. Sullivan on July 31, 2012. (lcegs6) (Entered: 07/31/2012) |
7.30.2012 | Intervenor NRA and SCI | MOTION to Intervene by NATIONAL RIFLE ASSOCIATION OF AMERICA, SAFARI CLUB INTERNATIONAL |
7.13.2012 | Court | MINUTE ORDER granting [17] Association of Battery Recyclers, Inc.’s unopposed motion to intervene. It is FURTHER ORDERED that defendant-intervenor Association of Battery Recyclers, Inc. shall respond to the complaint on or before the date on which defendants and defendant-intervenor National Shooting Sports Foundation are required to respond. Signed by Judge Emmet G. Sullivan on July 13, 2012. (lcegs6) (Entered: 07/13/2012) |
7.13.2012 | Court | NOTICE OF ERROR re [17] Motion to Intervene; emailed to [email protected], cc’d 11 associated attorneys — The PDF file you docketed contained errors: 1. Counsel is reminded any filings requiring adding parties are to be sent the generic ecf e-mail accou (jf, ) (Entered: 07/13/2012) |
7.12.2012 | Intervenor Assoc. of Battery Recyclers | NOTICE of Appearance by Michael Steven Snarr on behalf of ASSOCIATION OF BATTERY RECYCLERS, INC. |
7.12.2012 | Intervenor Assoc. of Battery Recyclers | NOTICE of Appearance by Robert N. Steinwurtzel on behalf of ASSOCIATION OF BATTERY RECYCLERS, INC. |
7.12.2012 | Intervenor Assoc. of Battery Recyclers | NOTICE of Appearance by Thomas Edward Hogan on behalf of ASSOCIATION OF BATTERY RECYCLERS, INC. |
7.12.2012 | Intervenor Assoc. of Battery Recyclers | LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ASSOCIATION OF BATTERY RECYCLERS, INC. |
7.12.2012 | Intervenor Assoc. of Battery Recyclers | Unopposed MOTION to Intervene by ASSOCIATION OF BATTERY RECYCLERS, INC. |
7.11.2012 | Plaintiffs | RETURN OF SERVICE AFFIDAVIT of Summons and Complaint a to the United States Attorney date of Service Upon United States Attorney on 7.2.2012 |
7.11.2012 | Plaintiffs | RETURN OF SERVICE AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07.2.2012 |
7.11.2012 | Plaintiffs | RETURN OF SERVICE AFFIDAVIT of Summons and Complaint Executed. LISA P. JACKSON served on 6.29.12 |
7.11.2012 | Plaintiffs | RETURN OF SERVICE AFFIDAVIT of Summons and Complaint Executed. ENVIRONMENTAL PROTECTION AGENCY served on 6.29.12 |
7.10.2012 | Plaintiffs | Amended Complaint |
7.5.2012 | Intervenor NSSF | LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests |
7.5.2012 | Intervenor NSSF | MINUTE ORDER granting [10] National Shooting Sports Foundation’s unopposed motion to intervene. It is FURTHER ORDERED that defendant-intervenor National Shooting Sports Foundation shall respond to the complaint on or before the date on which defendants Environmental Protection Agency and Lisa P. Jackson are required to respond. Signed by Judge Emmet G. Sullivan on July 5, 2012 |
6.25.2012 | Intervenor NSSF | Proposed Order Granting NSSFs Motion to Intervene |
6.25.2012 | Intervenor NSSF | NSSFs Corporate Disclosure |
6.25.2012 | Intervenor NSSF | NSSFs Motion to Intervene |
6.18.2012 | Court | MINUTE ORDER granting [6] plaintiffs’ motion for leave to appear pro hac vice. Jaclyn Lopez is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on June 18, 2012 |
6.18.2012 | Court | MINUTE ORDER granting [5] plaintiffs’ motion for leave to appear pro hac vice. Adam Keats is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on June 18, 2012 |
6.14.2012 | Plaintiff | Summons to Eric Holder |
6.13.2012 | Defendant | Appearance of Counsel |
6.7.2012 | Court | Summons to Lisa Jackson |
6.7.2012 | Court | Summons to US EPA |
6.7.2012 | Court | Summons to US Attorney |
6.7.2012 | Court | USDC BK court Notice of Right to Trial Before a US Magistrate Judge |
6.7.2012 | Court | Case Assigned to Judge Emmet G. Sullivan. (sth) (Entered: 06/07/2012) |
6.7.2012 | Plaintiff | Proposed Order Granting Motion for Admission of Attorney Jaclyn Lopez |
6.7.2012 | Plaintiff | Declaration of Jaclyn Lopez in Support of Motion for Admission Pro Hac Vice |
6.7.2012 | Plaintiff | Motion for Admission of Attorney Pro Hac Vice |
6.7.2012 | Plaintiff | Proposed Order Re Motion for Admission of Adam Keats Pro Hac Vice |
6.7.2012 | Plaintiff | Declaration of Adam Keats in Support of Motion for Admission Pro Hac Vice |
6.7.2012 | Plaintiff | Motion for Admission of Attorney Pro Hac Vice |
6.7.2012 | Plaintiff | Notice of Related Case |
6.7.2012 | Plaintiff | Certificate of Disclosure |
6.7.2012 | Plaintiff | Summons to US Attorney |
6.7.2012 | Plaintiff | Summons to Eric Holder |
6.7.2012 | Plaintiff | Summons to Jackson |
6.7.2012 | Plaintiff | Summons to EPA |
6.7.2012 | Plaintiff | COMPLAINT with injunctive relief against All Defendants |