Case: State of Louisiana v. U S Environmental Protection Agency

2:23-cv-00692 | U.S. District Court for the Western District of Louisiana

Filed Date: May 24, 2023

Case Ongoing

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Case Summary

This case concerns the ability of the US Environmental Protection Agency (“EPA”) and Department of Justice (“DOJ”) to impose disparate-impact-based requirements against a State or State agency in civil rights cases brought under Title VI of the Civil Rights Act (“Title VI”). On May 24, 2023, the State of Louisiana (“the State”) filed this lawsuit in the U.S. District Court for the Western District of Louisiana. The State sued the EPA, EPA Administrator, Director of EPA’s External Civil Rights C…

This case concerns the ability of the US Environmental Protection Agency (“EPA”) and Department of Justice (“DOJ”) to impose disparate-impact-based requirements against a State or State agency in civil rights cases brought under Title VI of the Civil Rights Act (“Title VI”). On May 24, 2023, the State of Louisiana (“the State”) filed this lawsuit in the U.S. District Court for the Western District of Louisiana. The State sued the EPA, EPA Administrator, Director of EPA’s External Civil Rights Compliance Office, DOJ, U.S. Attorney General, President Joseph Biden, and the United States of America under the Declaratory Judgment Act, Administrative Procedure Act (“APA”), and Title VI. The State brought this suit in part to stop the EPA from investigating civil rights complaints made by communities of color in Louisiana’s infamous ‘Cancer Alley.’ These communities had alleged that the state’s permitting system subjected them to disproportionately high levels of pollution. The case was assigned to District Judge James D. Cain and Magistrate Judge Kathleen Kay.

Represented by the Louisiana Attorney General, the State sought declaratory relief that 1) EPA’s delegation of governmental powers to private special interest groups, such as the power to veto EPA governmental actions, was unconstitutional under the private non-delegation doctrine and/or arbitrary and capricious under the APA, 2) EPA and DOJ’s regulations imposing disparate impact based requirements under Title VI were unlawful and exceeded both agencies’ authority, and 3) EPA’s attempt to impose extra-regulatory requirements under Title VI was unlawful. The State further requested that the Court vacate and enjoin the challenged EPA and DOJ actions and regulations. The State also sought costs and reasonable attorneys’ fees.

In counts one and two, the State asserted that by delegating the power to veto certain EPA decisions in Title VI enforcement actions to private special interest groups, the EPA violated the Constitution’s non-delegation doctrine and was arbitrary and capricious under the APA. In counts three, four, and five, the State alleged that EPA and DOJ’s attempts to impose disparate impact based requirements in its Title VI regulations exceeded both agencies’ authority under Title VI and violated the Spending Clause of the Constitution. In count six, the State claimed that the EPA violated Title VI, the APA, the Constitution under the Art. II Vesting Clause and separation of powers principle by attempting to impose extra-regulatory requirements not ratified by the president in accordance with Title VI. Further, the State alleges that the EPA violated these statutes and principles by trying to make the states follow requirements that the EPA itself does not follow, such as mandating cumulative impacts analyses. In count seven, the State asserted that the EPA violated its own Title VI regulations and the APA by engaging in compliance process fact-finding during informal negotiations with the State’s environmental agency. The State argued that the EPA’s own regulations required the EPA to only begin the compliance process once it was clear a complaint could not be resolved informally.

The State sought a preliminary injunction on June 21, 2023, to enjoin the defendants from 1) delegating to any private person or group the power to veto governmental actions of the EPA for Title VI actions involving states, 2) imposing or enforcing any disparate impact based requirements against the State or its agencies under Title VI, and 3) imposing or enforcing any Title VI based requirements against the State or its agencies that were not both ratified by the President and based on requirements found in EPA’s disparate-impact regulations. Six days later, the EPA voluntarily closed its civil rights investigations in Cancer Alley.

On August 16, 2023, the defendants filed a motion to dismiss arguing that the court lacked subject matter jurisdiction, that the State failed to state a claim, and that the State’s motion for preliminary injunction should be denied. The defendants argued that the State lacked standing to bring its claims, that the EPA’s closure of the challenged Title VI complaint made the State’s claims moot, and that the State’s claims were meritless and should be dismissed, or alternatively summary judgment should be granted for the defendants.

The State filed a motion to voluntarily dismiss President Biden as a defendant on October 3, 2023, because he did not ratify the challenged cumulative-impact mandates. Additionally, since the EPA closed its Title VI investigation into Louisiana, the State sought to voluntarily dismiss count seven of its complaint alleging the EPA violated its own Title VI investigation regulations. Judge Cain dismissed count seven and President Biden as a defendant the next day.

On January 23, 2024, Judge Cain granted the State’s motion for preliminary injunction. Judge Cain enjoined the defendants from 1) imposing or enforcing any disparate impact based requirements against the State or its agencies under Title VI, and 2) imposing or enforcing any Title VI based requirements upon the State or its agencies that were not both ratified by the President and based on requirements found in EPA’s disparate impact regulations. 

As of February 24, 2024, the case was ongoing.

Summary Authors

Taylor Hopkins (2/24/2024)

Documents in the Clearinghouse

Document
1-1

2:23-cv-00692

Exhibit A

State of Louisiana v. United States Environmental Protection Agency

May 24, 2023

May 24, 2023

Other
1

2:23-cv-00692

Complaint

State of Louisiana v. United States Environmental Protection Agency

May 24, 2023

May 24, 2023

Complaint
1-2

2:23-cv-00692

Civil Cover Sheet

State of Louisiana v. United States Environmental Protection Agency

May 24, 2023

May 24, 2023

Complaint
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2:23-cv-00692

Order

State of Louisiana v. United States Environmental Protection Agency

Oct. 4, 2023

Oct. 4, 2023

Order/Opinion
48

2:23-cv-00692

Memorandum Ruling

Jan. 23, 2024

Jan. 23, 2024

Order/Opinion

2024 WL 2024

50

2:23-cv-00692

Preliminary Injunction

Jan. 23, 2024

Jan. 23, 2024

Order/Opinion
49

2:23-cv-00692

Judgment

Jan. 23, 2024

Jan. 23, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67421715/state-of-louisiana-v-u-s-environmental-protection-agency/

Last updated April 28, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Joseph R Biden Jr, Lilian Dorka, U S Environmental Protection Agency, Merrick Garland, U S Dept of Justice, Michael Reagan, and USA (Filing fee $402, receipt number ALAWDC-5569900) filed by State of Louisiana. (Attachments: # 1 Exhibit A, # 2 Civil cover sheet)(Attorney Elizabeth Baker Murrill added to party State of Louisiana(pty:pla))(aty,Murrill, Elizabeth) Modified docket text on 5/25/2023 (Whitener, M). (Entered: 05/24/2023)

1 Exhibit A

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2 Civil cover sheet

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May 24, 2023

May 24, 2023

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CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Kathleen Kay. (crt,Whitener, M)

May 24, 2023

May 24, 2023

PACER
2

SUMMONS ISSUED as to U S Attorney, U S Attorney General, U S Environmental Protection Agency, Michael Reagan, Lilian Dorka, U S Dept of Justice, Merrick Garland, Joseph R Biden Jr, USA. (crt,Whitener, M) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

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Case Assigned/Reassigned

May 25, 2023

May 25, 2023

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3

SUMMONS Returned Executed by State of Louisiana Joseph R Biden, Jr served on 6/6/2023, answer due 8/7/2023. (aty,St John, Joseph) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

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4

SUMMONS Returned Executed by State of Louisiana Lilian Dorka served on 6/6/2023, answer due 8/7/2023. (aty,St John, Joseph) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

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5

SUMMONS Returned Executed by State of Louisiana Merrick Garland served on 6/6/2023, answer due 8/7/2023. (aty,St John, Joseph) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

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SUMMONS Returned Executed by State of Louisiana Michael Reagan served on 6/6/2023, answer due 8/7/2023. (aty,St John, Joseph) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

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SUMMONS Returned Executed by State of Louisiana U S Dept of Justice served on 6/6/2023, answer due 8/7/2023. (aty,St John, Joseph) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

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SUMMONS Returned Executed by State of Louisiana U S Environmental Protection Agency served on 6/6/2023, answer due 8/7/2023. (aty,St John, Joseph) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

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SUMMONS Returned Executed by State of Louisiana USA served on 6/6/2023, answer due 8/7/2023. (aty,St John, Joseph) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

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10

MOTION for Preliminary Injunction, MOTION to Expedite (Motion Ripe Deadline set for 6/21/2023.) by State of Louisiana. Motions referred to Kathleen Kay. (Attachments: # 1 Proposed order)(aty,St John, Joseph) (Entered: 06/21/2023)

1 Proposed order

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June 21, 2023

June 21, 2023

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11

MOTION for Leave to File Excess Pages by State of Louisiana. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 6/21/2023. (Attachments: # 1 Proposed Memorandum in Support of Motion for Preliminary Injunction, # 2 Proposed order)(aty,St John, Joseph) (Entered: 06/21/2023)

1 Proposed Memorandum in Support of Motion for Preliminary Injunction

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2 Proposed order

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June 21, 2023

June 21, 2023

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12

AFFIDAVIT re 10 MOTION for Preliminary Injunction MOTION to Expedite by State of Louisiana. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51)(aty,St John, Joseph) (Entered: 06/21/2023)

1 Exhibit 1

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50 Exhibit 50

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51 Exhibit 51

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June 21, 2023

June 21, 2023

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Motions Transferred regarding 11 MOTION for Leave to File Excess Pages, 10 MOTION for Preliminary Injunction MOTION to Expedite. Motions referred to Judge James D Cain, Jr. (crt,Alexander, E)

June 21, 2023

June 21, 2023

PACER
13

ELECTRONIC ORDER granting 11 Motion for Leave to File Excess Pages. Signed by Judge James D Cain, Jr on 6/22/2023. (crt,Petrofes, T) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

PACER

Order on Motion for Leave to File Excess Pages

June 22, 2023

June 22, 2023

PACER
14

MOTION for Drew C. Ensign to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5599507) by State of Louisiana. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 6/22/2023. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/22/2023)

1 Certificate of good standing

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2 Proposed order

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June 22, 2023

June 22, 2023

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15

MEMORANDUM in Support re 10 MOTION for Preliminary Injunction filed by State of Louisiana. (crt,Miletello, A) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

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16

CERTIFICATE OF SERVICE by State of Louisiana re 10 MOTION for Preliminary Injunction, 11 MOTION for Leave to File Excess Pages, 12 Affidavit (aty,St John, Joseph) Modified docket text on 6/23/2023 (Miletello, A). (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

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17

NOTICE of Appearance by Michael Andrew Zee on behalf of Joseph R Biden, Jr, Lilian Dorka, U S Environmental Protection Agency, Merrick Garland, U S Dept of Justice, Michael Reagan, USA (Attorney Michael Andrew Zee added to party Joseph R Biden, Jr(pty:dft), Attorney Michael Andrew Zee added to party Lilian Dorka(pty:dft), Attorney Michael Andrew Zee added to party U S Environmental Protection Agency(pty:dft), Attorney Michael Andrew Zee added to party Merrick Garland(pty:dft), Attorney Michael Andrew Zee added to party U S Dept of Justice(pty:dft), Attorney Michael Andrew Zee added to party Michael Reagan(pty:dft), Attorney Michael Andrew Zee added to party USA(pty:dft)) (aty,Zee, Michael) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

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18

NOTICE of of Resolution of Title VI Complaints by Joseph R Biden, Jr, Lilian Dorka, U S Environmental Protection Agency, Merrick Garland, U S Dept of Justice, Michael Reagan, USA (Attachments: # 1 Exhibit A - EPA Letter to LDEQ, # 2 Exhibit B - EPA Letter to LDH)(aty,Zee, Michael) (Entered: 06/27/2023)

1 Exhibit A - EPA Letter to LDEQ

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2 Exhibit B - EPA Letter to LDH

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June 27, 2023

June 27, 2023

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19

ORDER granting 14 Motion to Appear Pro Hac Vice for appearance of Drew C Ensign for State of Louisiana. Signed by Magistrate Judge Kathleen Kay on 6/29/2023. (crt,Alexander, E) (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

PACER
20

ORDER re 18 Defendants' Notice of Resolution. IT IS ORDERED that plaintiff file a response as to what claims, if any, are resolved, and/or what claims remain in this lawsuit. The response much be filed within seven (7) days of this order. Signed by Judge James D Cain, Jr on 6/29/2023. (crt,Stewart, T) (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

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21

RESPONSE re 20 Order by State of Louisiana. (aty,St John, Joseph) Modified to more accurately identify pleading on 7/7/2023. (Alexander, E) (Entered: 07/06/2023)

July 6, 2023

July 6, 2023

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22

JOINT MOTION for Order Setting Briefing Schedule by Joseph R Biden, Jr, Lilian Dorka, U S Environmental Protection Agency, Merrick Garland, U Dept of Justice, Michael Reagan, USA, State of Louisiana. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 7/12/2023. (Attachments: # 1 Proposed order)(aty,Zee, Michael) Modified to add filer on 7/14/2023. (Alexander, E) (Entered: 07/12/2023)

1 Proposed order

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July 12, 2023

July 12, 2023

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Motions Transferred regarding 22 JOINT MOTION for Order Setting Briefing Schedule. Motions referred to Judge James D Cain, Jr. (crt,Alexander, E)

July 12, 2023

July 12, 2023

PACER

Motions Transferred

July 14, 2023

July 14, 2023

PACER
23

ORDER SETTING BRIEFING SCHEDULE AND HEARING re 22 Motion for Order Setting Briefing Schedule. Signed by Judge James D Cain, Jr on 7/19/2023. (crt,Alexander, E) (Entered: 07/21/2023)

July 19, 2023

July 19, 2023

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Set Deadlines as to 10 MOTION for Preliminary Injunction. Responses due by 8/16/2023. Replies due by 9/19/2023. Motion day set for 1/9/2024 10:00 AM in Lake Charles, Courtroom 4 before Judge James D Cain Jr. (crt,Alexander, E)

July 19, 2023

July 19, 2023

PACER

Set Motion and R&R Deadlines/Hearings

July 21, 2023

July 21, 2023

PACER
24

NOTICE of Appearance by Alexander William Resar on behalf of Joseph R Biden, Jr, Lilian Dorka, U S Environmental Protection Agency, Merrick Garland, U S Dept of Justice, Michael Reagan, USA (Attorney Alexander William Resar added to party Joseph R Biden, Jr(pty:dft), Lilian Dorka(pty:dft), U S Environmental Protection Agency(pty:dft), Attorney Merrick Garland(pty:dft), U S Dept of Justice(pty:dft), Michael Reagan(pty:dft), USA(pty:dft)) (aty,Resar, Alexander) Modified docket text on 8/11/2023 (Miletello, A). (Entered: 08/10/2023)

Aug. 10, 2023

Aug. 10, 2023

PACER
25

NOTICE of Appearance by Andrew James Rising on behalf of Joseph R Biden, Jr, Lilian Dorka, U S Environmental Protection Agency, Merrick Garland, U S Dept of Justice, Michael Reagan, USA (Attorney Andrew James Rising added to party Joseph R Biden, Jr(pty:dft), Lilian Dorka(pty:dft), U S Environmental Protection Agency(pty:dft), Merrick Garland(pty:dft), U S Dept of Justice(pty:dft), Michael Reagan(pty:dft), USA(pty:dft)) (aty,Rising, Andrew) Modified docket text on 8/11/2023 (Miletello, A). (Entered: 08/10/2023)

Aug. 10, 2023

Aug. 10, 2023

PACER
26

MOTION for Leave to File Excess Pages by All Defendants. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 8/10/2023. (Attachments: # 1 Proposed order)(aty,Rising, Andrew) (Entered: 08/10/2023)

Aug. 10, 2023

Aug. 10, 2023

PACER

Motions Transferred regarding 26 MOTION for Leave to File Excess Pages. Motions referred to Judge James D Cain, Jr. (crt,Miletello, A)

Aug. 10, 2023

Aug. 10, 2023

PACER
27

ELECTRONIC ORDER granting 26 Motion for Leave to File Excess Pages. Signed by Judge James D Cain, Jr on 8/11/2023. (crt,Petrofes, T) (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER

Motions Transferred

Aug. 11, 2023

Aug. 11, 2023

PACER

Order on Motion for Leave to File Excess Pages

Aug. 11, 2023

Aug. 11, 2023

PACER
28

NOTICE of Appearance by Katharine Towt on behalf of Joseph R Biden, Jr, Lilian Dorka, U S Environmental Protection Agency, Merrick Garland, U S Dept of Justice, Michael Reagan, USA (Attorney Katharine Towt added to party Joseph R Biden, Jr(pty:dft), Attorney Katharine Towt added to party Lilian Dorka(pty:dft), Attorney Katharine Towt added to party U S Environmental Protection Agency(pty:dft), Attorney Katharine Towt added to party Merrick Garland(pty:dft), Attorney Katharine Towt added to party U S Dept of Justice(pty:dft), Attorney Katharine Towt added to party Michael Reagan(pty:dft), Attorney Katharine Towt added to party USA(pty:dft)) (aty,Towt, Katharine) (Entered: 08/14/2023)

Aug. 14, 2023

Aug. 14, 2023

PACER
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NOTICE of Submission of Administrative Record by Joseph R Biden, Jr, Lilian Dorka, U S Environmental Protection Agency, Merrick Garland, U S Dept of Justice, Michael Reagan, USA (Attachments: # 1 DOJ Certification of Administrative Record, # 2 DOJ Index, # 3 EPA Certification of Administrative Record, # 4 EPA Index, # 5 Administrative Record)(aty,Zee, Michael) (Entered: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

PACER
29

MEMORANDUM in Opposition re 10 MOTION for Preliminary Injunction MOTION to Expedite filed by Joseph R Biden, Jr, Lilian Dorka, U S Environmental Protection Agency, Merrick Garland, U S Dept of Justice, Michael Reagan, USA. ADMINISTRATIVE ENTRY as pleading electronically filed within text of Memorandum in Support of 29 Cross MOTION to Dismiss for Lack of Jurisdiction, Cross MOTION to Dismiss For Failure to State a Claim, Cross MOTION for Summary Judgment. (Pleadings filed jointly pursuant to 23 Order Setting Briefing Schedule and Hearing. (crt,Alexander, E) Modified to remove deficiency status on 8/17/2023. See 13 Electronic Order. (Alexander, E) (Entered: 08/17/2023)

1 Memorandum / Brief in Opposition to Plaintiff's Motion for Preliminary Inju

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2 Statement of material facts

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3 Declaration of Anhthu Hoang

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4 Declaration of Christopher Watkins

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5 Exhibit A (Watkins Decl) - Notice of Award

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6 Exhibit B (Watkins Decl) - LDEQ Form 4700-4

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7 Exhibit C (Watkins Decl) - LDH Form 4700-4

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8 Proposed order

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Aug. 16, 2023

Aug. 16, 2023

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NOTICE of Deficiency to Michael Andrew Zee on behalf of Joseph R Biden, Jr, Lilian Dorka, U S Environmental Protection Agency, Merrick Garland, U S Dept of Justice, Michael Reagan, USA regarding 29 Cross MOTION to Dismiss for Lack of Jurisdiction Cross MOTION to Dismiss For Failure to State a Claim Plaintiff's Complaint Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Preliminary Injunction, 29 Memorandum in Opposition to Motion. Reason: This brief exceeds 25 pages. Please see LR7.8 for specific information regarding length of briefs. (crt,Alexander, E) (Entered: 08/17/2023)

Aug. 17, 2023

Aug. 17, 2023

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Memorandum in Opposition to Motion

Aug. 17, 2023

Aug. 17, 2023

PACER

Set Motion and R&R Deadlines/Hearings

Aug. 17, 2023

Aug. 17, 2023

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Notice of Corrective Action

Aug. 17, 2023

Aug. 17, 2023

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NOTICE of Corrective Action to Michael Andrew Zee on behalf of Joseph R Biden, Jr, Lilian Dorka, U S Environmental Protection Agency, Merrick Garland, U S Dept of Justice, Michael Reagan, USA regarding 31 Notice of Deficiency re 29 Memorandum in Opposition to Motion, 29 Cross MOTION to Dismiss for Lack of Jurisdiction Cross MOTION to Dismiss For Failure to State a Claim Plaintiff's Complaint Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Preliminary Injunction. Action taken: Modified text of entry to remove deficiency status. See 23 Order Setting Briefing Schedule and Hearing and 27 Electronic Order on Motion. (crt,Alexander, E)

Aug. 17, 2023

Aug. 17, 2023

PACER

Set Deadlines: 29 Cross MOTION to Dismiss for Lack of Jurisdiction Cross MOTION to Dismiss For Failure to State a Claim Plaintiff's Complaint Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Preliminary Injunction. Responses due by 9/19/2023. Replies due by 10/19/2023. 10 MOTION for Preliminary Injunction. Replies due by 9/19/2023. Motion day set for 1/9/2024 10:00 AM in Lake Charles, Courtroom 4 before Judge James D Cain Jr. (See 23 Order Setting Briefing Schedule and Hearing for text of settings.) (crt,Alexander, E)

Aug. 17, 2023

Aug. 17, 2023

PACER
32

MOTION for Extension of Time to File Response/Reply with consent and MOTION for Leave to File Excess Pages (Motion Ripe Deadline set for 9/11/2023.) by State of Louisiana. Motions referred to Kathleen Kay. (Attachments: # 1 Proposed order)(aty,St John, Joseph) Modified docket text on 9/12/2023 (Whitener, M). (Entered: 09/11/2023)

Sept. 11, 2023

Sept. 11, 2023

PACER

Motions Transferred

Sept. 12, 2023

Sept. 12, 2023

PACER

Order on Motion for Extension of Time to File Response/Reply AND Order on Motion for Leave to File Excess Pages

Sept. 12, 2023

Sept. 12, 2023

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Motions Transferred regarding 32 MOTION for Extension of Time to File Response/Reply with consent and MOTION for Leave to File Excess Pages . Motions referred to Judge James D Cain, Jr. (crt,Whitener, M)

Sept. 12, 2023

Sept. 12, 2023

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ELECTRONIC ORDER granting 32 Motion for Extension of Time to File Response/Reply re 32 MOTION for Extension of Time to File Response/Reply with consent and MOTION for Leave to File Excess Pages ( Responses due by 9/29/2023, Replies due by 9/29/2023.); granting 32 Motion for Leave to File Excess Pages Defendant's reply is due October 30, 2023.. Signed by Judge James D Cain, Jr on 9/12/2023. (crt,Petrofes, T) (Entered: 09/12/2023)

Sept. 12, 2023

Sept. 12, 2023

PACER
34

MEMORANDUM in Opposition re 29 Cross MOTION to Dismiss for Lack of Jurisdiction Cross MOTION to Dismiss For Failure to State a Claim Plaintiff's Complaint Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Preliminary Injunction filed by State of Louisiana. (Attachments: # 1 Burdette Declaration, # 2 Exhibit 81, # 3 Exhibit 82, # 4 Exhibit 83, # 5 Exhibit 84, # 6 Supp. Seidemann Declaration, # 7 Exhibit 52, # 8 Exhibit 53, # 9 Exhibit 54, # 10 Exhibit 55, # 11 Exhibit 56, # 12 Exhibit 57, # 13 Exhibit 58, # 14 Exhibit 59, # 15 Exhibit 60, # 16 Exhibit 61, # 17 Exhibit 62, # 18 Exhibit 63, # 19 Exhibit 64, # 20 Exhibit 65, # 21 Exhibit 66, # 22 Exhibit 67, # 23 Exhibit 68, # 24 Exhibit 69, # 25 Exhibit 70, # 26 Exhibit 71, # 27 Exhibit 72, # 28 Response to Statements of Undisputed Facts, # 29 Voluntary Dismissal Motion, # 30 Proposed order, # 31 Notice Re: Cross-Motion, # 32 Sinquefield Declaration)(aty,St John, Joseph) Modified to reflect Exhibits (29), (30), (31) filed in error by attorney and resubmitted motion and notice on 10/4/2023 (Whitener, M). (Entered: 09/29/2023)

1 Burdette Declaration

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2 Exhibit 81

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3 Exhibit 82

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4 Exhibit 83

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5 Exhibit 84

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6 Supp. Seidemann Declaration

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7 Exhibit 52

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8 Exhibit 53

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9 Exhibit 54

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10 Exhibit 55

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11 Exhibit 56

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12 Exhibit 57

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13 Exhibit 58

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19 Exhibit 64

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20 Exhibit 65

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21 Exhibit 66

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22 Exhibit 67

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23 Exhibit 68

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24 Exhibit 69

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25 Exhibit 70

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26 Exhibit 71

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27 Exhibit 72

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28 Response to Statements of Undisputed Facts

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29 Voluntary Dismissal Motion

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30 Proposed order

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31 Notice Re: Cross-Motion

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32 Sinquefield Declaration

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Sept. 29, 2023

Sept. 29, 2023

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35

NOTICE of Regarding Cross-Motion For Summary Judgment by State of Louisiana (aty,St John, Joseph) (Entered: 10/03/2023)

Oct. 3, 2023

Oct. 3, 2023

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36

VOLUNTARY MOTION to Dismiss by State of Louisiana. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 10/3/2023. (Attachments: # 1 Proposed order)(aty,St John, Joseph) Modified event to more accurately capture pleading on 10/4/2023 (Whitener, M). (Entered: 10/03/2023)

1 Proposed order

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Oct. 3, 2023

Oct. 3, 2023

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Motions Transferred

Oct. 4, 2023

Oct. 4, 2023

PACER

Motions Transferred regarding 36 VOLUNTARY MOTION to Dismiss. Motions referred to Judge James D Cain, Jr. (crt,Whitener, M)

Oct. 4, 2023

Oct. 4, 2023

PACER
37

ORDER granting 36 States Unopposed Motion For Partial Voluntary DismissalWithout Prejudice. President Biden is dismissed as a Defendant in this action without prejudice. Count VII is also dismissed without prejudice. Signed by Judge James D Cain, Jr on 10/4/2023. (crt,Stewart, T) (Entered: 10/04/2023)

Oct. 4, 2023

Oct. 4, 2023

Clearinghouse
38

MOTION for Leave to File Amicus Curiae Brief with consent sought but not yet obtained by American Civil Rights Project, Hamilton Lincoln Law Institute. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 10/6/2023. (Attachments: # 1 Proposed order, # 2 Exhibit 1-Proposed Amicus Curiae Brief)(Attorney Anna St John added to party American Civil Rights Project(pty:am), Attorney Anna St John added to party Hamilton Lincoln Law Institute(pty:am))(aty,St John, Anna) (Entered: 10/06/2023)

Oct. 6, 2023

Oct. 6, 2023

PACER

Motions Transferred

Oct. 10, 2023

Oct. 10, 2023

PACER

Motions Transferred regarding 38 MOTION for Leave to File Amicus Curiae Brief with consent sought but not yet obtained . Motions referred to Judge James D Cain, Jr. (crt,Whitener, M)

Oct. 10, 2023

Oct. 10, 2023

PACER
39

MOTION for Judicial Notice by State of Louisiana. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 10/10/2023. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed order)(aty,St John, Joseph) Modified docket text on 10/10/2023 (Whitener, M). (Entered: 10/10/2023)

1 Exhibit A

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2 Exhibit B

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3 Proposed order

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Oct. 10, 2023

Oct. 10, 2023

RECAP

Motions Transferred regarding 39 MOTION for Judicial Notice . Motions referred to Judge James D Cain, Jr. (crt,Whitener, M)

Oct. 10, 2023

Oct. 10, 2023

PACER
40

ORDER granting 38 Motion for Leave to File Amicus Curiae Brief. Signed by Judge James D Cain, Jr on 10/10/2023. (crt,Miletello, A) (Entered: 10/10/2023)

Oct. 10, 2023

Oct. 10, 2023

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41

AMICUS BRIEF re 10 MOTION for Preliminary Injunction, 29 Cross MOTION for Summary Judgment filed by American Civil Rights Project, Hamilton Lincoln Law Institute. (crt,Miletello, A) (Entered: 10/10/2023)

Oct. 10, 2023

Oct. 10, 2023

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42

REPLY to Response to Motion re 29 Cross MOTION to Dismiss for Lack of Jurisdiction Cross MOTION to Dismiss For Failure to State a Claim Plaintiff's Complaint Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Preliminary Injunction filed by Joseph R Biden, Jr, Lilian Dorka, U S Environmental Protection Agency, Merrick Garland, U S Dept of Justice, Michael Reagan, USA. (Attachments: # 1 Response to Plaintiff's "Additional Undisputed Material Facts", # 2 Exhibit D - LDEQ Response to EPA June 16, 2023 Objection, # 3 Exhibit E - LDEQ Permit, # 4 Exhibit F - LDH DWRLF 2022 Annual Report, # 5 Exhibit G - LDEQ CWSRF 2016 Annual Report)(aty,Zee, Michael) (Entered: 10/30/2023)

1 Response to Plaintiff's "Additional Undisputed Material Facts"

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2 Exhibit D - LDEQ Response to EPA June 16, 2023 Objection

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3 Exhibit E - LDEQ Permit

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4 Exhibit F - LDH DWRLF 2022 Annual Report

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5 Exhibit G - LDEQ CWSRF 2016 Annual Report

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Oct. 30, 2023

Oct. 30, 2023

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43

NOTICE of Appearance by Alisa Philo on behalf of Lilian Dorka, U S Environmental Protection Agency, Merrick Garland, U S Dept of Justice, Michael Reagan, USA (Attorney Alisa Philo added to party Lilian Dorka(pty:dft), Attorney Alisa Philo added to party U S Environmental Protection Agency(pty:dft), Attorney Alisa Philo added to party Merrick Garland(pty:dft), Attorney Alisa Philo added to party U S Dept of Justice(pty:dft), Attorney Alisa Philo added to party Michael Reagan(pty:dft), Attorney Alisa Philo added to party USA(pty:dft)) (aty,Philo, Alisa) (Entered: 12/12/2023)

Dec. 12, 2023

Dec. 12, 2023

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44

NOTICE of Related Case by State of Louisiana (aty,St John, Joseph) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

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45

MINUTES for proceedings held before Judge James D Cain, Jr: MOTION HEARING held on 1/9/2024 re 10 MOTION for Preliminary Injunction MOTION to Expedite filed by State of Louisiana, 29 Cross MOTION to Dismiss for Lack of Jurisdiction Cross MOTION to Dismiss For Failure to State a Claim Plaintiff's Complaint Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Preliminary Injunction filed by Merrick Garland, U S Dept of Justice, Joseph R Biden, Jr, Michael Reagan, Lilian Dorka, U S Environmental Protection Agency, USA. After hearing argument of counsel, the matter is taken under advisement, a written ruling will follow. (Court Reporter: DD Juranka) (crt,Stewart, T) (Entered: 01/09/2024)

Jan. 9, 2024

Jan. 9, 2024

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46

ELECTRONIC MINUTE ENTRY issued by the Clerk. Case reassigned to Magistrate Judge Thomas P LeBlanc. Magistrate Judge Kathleen Kay no longer assigned to case. All future filings should bear the name of the new judge assignment. Approved by Judge Terry A Doughty on 1/10/2024. (crt,Kiper, C) (Entered: 01/10/2024)

Jan. 10, 2024

Jan. 10, 2024

PACER

_ADI Minute Entry Reassigning Case (ADI ONLY)

Jan. 10, 2024

Jan. 10, 2024

PACER
47

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings for Motion Hearing held on 1/9/2024 before Judge James D Cain Jr. Court Reporter/Transcriber DD Juranka, Telephone number (337)214-6669. Total pages: 94. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter. Redaction Request due 2/5/2024. Redacted Transcript Deadline set for 2/15/2024. Release of Transcript Restriction set for 4/15/2024. (crt,Juranka, D) (Entered: 01/12/2024)

Jan. 12, 2024

Jan. 12, 2024

PACER
48

MEMORANDUM RULING re 10 MOTION for Preliminary Injunction MOTION to Expedite filed by State of Louisiana; 29 Cross MOTION to Dismiss for Lack of Jurisdiction, Cross MOTION to Dismiss For Failure to State a Claim Plaintiff's Complaint, Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Preliminary Injunction by All Defendants; 39 MOTION for Judicial Notice by State of Louisiana. Signed by Judge James D Cain, Jr on 1/23/2024. (crt,Stewart, T) Modified to add text on 1/23/2024 (Stewart, T). (Entered: 01/23/2024)

Jan. 23, 2024

Jan. 23, 2024

Clearinghouse
49

JUDGMENT in accordance with the 48 Memorandum Ruling, IT IS ORDERED, ADJUDGED, AND DECREED that the Defendants Cross-Motion to Dismiss, or in the Alternative, for Summary Judgment (Doc. 29) is GRANTED in part and DENIED in part. The Motion is granted to the extent that the State of Louisianas claim as to the EPAs violation of the private non-delegation doctrine is dismissed; otherwise, the Motion is denied. IT IS FURTHER ORDERED that Louisianas Request for Judicial Notice (Doc. 39) is GRANTED. IT IS FURTHER ORDERED that the State of Louisianas Motion for Preliminary Injunction (Doc. 10) is GRANTED in part and DENIED in part. The Motion is granted as to the disparate impact analysis claims and extra-regulatory requirements (cumulative impact analysis); a separate Preliminary Injunction will be issued. IT IS FURTHER ORDERED that the State of Louisianas Motion to Expedite is GRANTED. Signed by Judge James D Cain, Jr on 1/23/2024. (crt,Stewart, T) (Entered: 01/23/2024)

Jan. 23, 2024

Jan. 23, 2024

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50

PRELIMINARY INJUNCTION: Pursuant to the Memorandum Ruling and Judgment of this date, IT IS ORDERED, ADJUDGED, AND DECREED that pursuant to Federal Rule of Civil Procedure 65, the State of Louisianas Motion for Preliminary Injunction is GRANTED as follows: Defendants, the United States Environment Protection Agency (EPA), Michael Regan, Lilian Dorka, U S Department of Justice (DOJ), Merrick Garland, United States of America, are hereby preliminarily ENJOINED from (1) Imposing or enforcing any disparate impact based requirements against the State of Louisiana or any State agency under Title VI, and (2) Imposing or enforcing any Title VI based requirements upon the State of Louisiana or any State agency under Title VI, that are not both a. Ratified by the President, as required by 42 U.S.C. § 2000d-1, and b. Based upon requirements found within the four corners of EPAs disparate impact regulations, 40 C. F. R. § 7.35(b),(c).The Court is not ordering that bond is required. Signed by Judge James D Cain, Jr on 1/23/2024. (crt,Stewart, T) (Entered: 01/23/2024)

Jan. 23, 2024

Jan. 23, 2024

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51

NOTICE of Compliance re 50 Preliminary Injunction and 48 Memorandum Ruling by Lilian Dorka, U S Environmental Protection Agency, Merrick Garland, U S Dept of Justice, Michael Reagan, USA. (aty,Zee, Michael) Modified docket text on 2/7/2024 (Whitener, M). (Entered: 02/06/2024)

Feb. 6, 2024

Feb. 6, 2024

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52

MOTION for Extension of Time to File Answer re 1 Complaint, with consent sought but not yet obtained by All Defendants. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 2/6/2024. (Attachments: # 1 Proposed Order)(aty,Resar, Alexander) (Entered: 02/06/2024)

1 Proposed Order

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Feb. 6, 2024

Feb. 6, 2024

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53

ORDER granting 52 Motion for Extension of Time to Answer re 1 Complaint. Lilian Dorka answer due 4/5/2024; U S Environmental Protection Agency answer due 4/5/2024; Merrick Garland answer due 4/5/2024; U S Dept of Justice answer due 4/5/2024; Michael Reagan answer due 4/5/2024; USA answer due 4/5/2024. Signed by Magistrate Judge Thomas P LeBlanc on 2/25/2024. (crt,Jones, P) (Entered: 02/26/2024)

Feb. 26, 2024

Feb. 26, 2024

PACER
54

MOTION to Withdraw Joseph Scott St. John as Attorney by State of Louisiana. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 2/28/2024. (Attachments: # 1 Proposed order)(aty,St John, Joseph) (Entered: 02/28/2024)

Feb. 28, 2024

Feb. 28, 2024

PACER
55

ORDER granting 54 Motion to Withdraw as Attorney. Attorney Joseph Scott St John terminated. Signed by Magistrate Judge Thomas P LeBlanc on 3/10/2024. (crt,Chavis, J) (Entered: 03/11/2024)

March 11, 2024

March 11, 2024

PACER
56

Joint STIPULATION for Briefing Schedule and for Entry of Final Judgment by Lilian Dorka, U S Environmental Protection Agency, Merrick Garland, U S Dept of Justice, Michael Reagan, USA, State of Louisiana. (Attachments: # 1 Proposed order)(aty,Zee, Michael) Modified filer and motion event on 4/1/2024 (Chavis, J). (Entered: 03/28/2024)

1 Proposed order

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March 28, 2024

March 28, 2024

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Set/Reset Deadlines as to 56 Stipulation. Motion Ripe Deadline set for 3/28/2024. (crt,Chavis, J)

March 28, 2024

March 28, 2024

PACER

Set Motion and R&R Deadlines/Hearings

April 2, 2024

April 2, 2024

PACER
57

ORDER granting 56 Motion for Briefing Schedule and for Entry of Final Judgment by Lilian Dorka, U S Environmental Protection Agency, Merrick Garland, U S Dept of Justice, Michael Reagan, USA, State of Louisiana as stated in the Order. Signed by Judge James D Cain, Jr on 4/3/2024. (crt,Stewart, T) (Entered: 04/03/2024)

April 3, 2024

April 3, 2024

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58

Response (NOT Motions)

1 Declaration of Mallory Henderson with Exhibits

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2 Proposed Judgment

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April 23, 2024

April 23, 2024

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