Case: United States of America v. State of Vermont

United States v. State of Vermont

COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by United States Environmental Protection Agency, United States of America. (Attachments: # 1 Civil Cover Sheet)(Cates, Redding) (Entered: 05/01/2025)

1 Civil Cover Sheet

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Add and Terminate Judges

Case assigned to Judge Mary Kay Lanthier. (kac)

REQUEST for Issuance of Summons as to State of Vermont by United States of America, United States Environmental Protection Agency (Cates, Redding) (Entered: 05/13/2025)

REQUEST for Issuance of Summons as to Philip Scott by United States of America, United States Environmental Protection Agency (Cates, Redding) (Entered: 05/13/2025)

REQUEST for Issuance of Summons as to Julie Moore by United States of America, United States Environmental Protection Agency (Cates, Redding) (Entered: 05/13/2025)

REQUEST for Issuance of Summons as to Jane Lazorchak by United States of America, United States Environmental Protection Agency (Cates, Redding) (Entered: 05/13/2025)

ISSUED Summons as to State of Vermont. (kp) (Entered: 05/14/2025)

ISSUED Summons as to Philip Scott. (kp) (Entered: 05/14/2025)

ISSUED Summons as to Julie Moore. (kp) (Entered: 05/14/2025)

ISSUED Summons as to Jane Lazorchak. (kp) (Entered: 05/14/2025)

AFFIDAVIT of Service filed by United States Environmental Protection Agency, United States of America. State of Vermont served on 5/19/2025, answer due 6/9/2025(Cates, Redding) (Entered: 05/27/2025)

AFFIDAVIT of Service filed by United States Environmental Protection Agency, United States of America. Julie Moore served on 5/19/2025, answer due 6/9/2025(Cates, Redding) (Entered: 05/27/2025)

AFFIDAVIT of Service filed by United States Environmental Protection Agency, United States of America. Philip Scott served on 5/19/2025, answer due 6/9/2025(Cates, Redding) (Entered: 05/27/2025)

AFFIDAVIT of Service filed by United States Environmental Protection Agency, United States of America. Jane Lazorchak served on 5/19/2025, answer due 6/9/2025(Cates, Redding) (Entered: 05/27/2025)

NOTICE OF APPEARANCE by Jonathan T. Rose, Esq on behalf of State of Vermont, Philip Scott, Julie Moore, Jane Lazorchak.(Rose, Jonathan) (Entered: 06/06/2025)

NOTICE OF APPEARANCE by Laura B. Murphy, Esq on behalf of State of Vermont, Philip Scott, Julie Moore, Jane Lazorchak.(Murphy, Laura) (Entered: 06/06/2025)

NOTICE OF APPEARANCE by Hannah W. Yindra, Esq on behalf of State of Vermont, Philip Scott, Julie Moore, Jane Lazorchak.(Yindra, Hannah) (Entered: 06/06/2025)

STIPULATED MOTION to Suspend Defendants' Deadline for Responding to the Complaint filed by State of Vermont, Philip Scott, Julie Moore, Jane Lazorchak(Rose, Jonathan) (Entered: 06/06/2025)

ORDER granting 17 Motion to Suspend Defendants' Deadline for Responding to Complaint until further order of the court. Proposed Stipulated Discovery Schedule due by 6/23/2025. Signed by District Judge Mary Kay Lanthier on 6/9/2025. (jlm) (Entered: 06/09/2025)

Order on Motion for Miscellaneous Relief

NOTICE OF APPEARANCE by Riley W. Walters, Esq on behalf of United States of America, United States Environmental Protection Agency.(Walters, Riley) (Entered: 06/18/2025)

STIPULATED MOTION to Extend the Deadline for Submitting a Briefing Schedule filed by State of Vermont, Philip Scott, Julie Moore, Jane Lazorchak(Rose, Jonathan) (Entered: 06/20/2025)

ORDER granting 20 Stipulated Motion to Extend the Deadline for Submitting a Briefing Schedule. Proposed schedule shall be due no later than June 25, 2025. Signed by District Judge Mary Kay Lanthier on 6/20/2025. (This is a text-only Order.) (kap) (Entered: 06/20/2025)

Order on Motion for Miscellaneous Relief

STIPULATED MOTION Set Briefing Schedule filed by Philip Scott, Jane Lazorchak(Rose, Jonathan) (Entered: 06/25/2025)

ORDER granting 22 Motion to Set Briefing Schedule. Defendants shall file responsive pleading by 8/15/2025, response due by 9/15/2025, reply due by 11/17/2025. The proposed stipulated discovery schedule is due 14 days after any decision made pursuant to this scheduling order. Signed by District Judge Mary Kay Lanthier on 6/27/2025. (jlm) (Entered: 06/30/2025)

MOTION to Intervene filed by Northeast Organic Farming Association of Vermont, Conservation Law Foundation. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Asay, Bridget) Filer added and description attachments clarified on 7/10/2025 (law). (Entered: 07/09/2025)

1 Index of Exhibits

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2 Corporate Disclosure Statement

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3 Declaration of Oedel

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4 Declaration of Jones

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5 Declaration of Daly

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6 Declaration of Bissex

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7 Declaration of Hamilton

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8 Declaration of Malgeri

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9 Declaration of Palmer

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10 Declaration of Trautz

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STIPULATED MOTION for Appearance Pro Hac Vice of Adeline Rolnick (Filing fee $ 150 receipt number AVTDC-2098039) filed by Northeast Organic Farming Association of Vermont (Attachments: # 1 Declaration of Rolnick, # 2 Certificate of Good Standing) (Asay, Bridget) Modified on 7/10/2025 to clarify text (sjl). (Entered: 07/09/2025)

NOTICE OF APPEARANCE by Elena M. Mihaly, Esq on behalf of Conservation Law Foundation.(Mihaly, Elena) (Entered: 07/10/2025)

NOTICE OF APPEARANCE by Elena M. Mihaly, Esq on behalf of Conservation Law Foundation.(Mihaly, Elena) (Entered: 07/10/2025)

ORDER granting 25 Motion for Admission Pro Hac Vice of Adeline S. Rolnick, Esq. Signed by District Judge Mary Kay Lanthier on 7/11/2025. (This is a text-only Order.) (jlm) (Entered: 07/11/2025)

Order on Motion for Admission Pro Hac Vice

STIPULATED MOTION for Appearance Pro Hac Vice of Mitchell Bernard (Filing fee $ 150 receipt number AVTDC-2099653) filed by Northeast Organic Farming Association of Vermont, Conservation Law Foundation. (Attachments: # 1 Declaration of Mitchell S. Bernard, # 2 Certificate of Good Standing)(Asay, Bridget) Attachment descriptions clarified on 7/15/2025 (law). (Entered: 07/14/2025)

ORDER granting 29 Stipulated Motion for Appearance Pro Hac Vice of Mitchell Bernard. Signed by District Judge Mary Kay Lanthier on 7/16/2025. (This is a text-only Order.) (kap) (Entered: 07/16/2025)

Order on Motion for Admission Pro Hac Vice

RESPONSE in Opposition re 24 MOTION to Intervene filed by United States of America, United States Environmental Protection Agency. (Walters, Riley) (Entered: 07/23/2025)

NOTICE OF APPEARANCE by John K. Adams, Esq on behalf of United States of America, United States Environmental Protection Agency.(Adams, John) (Entered: 07/24/2025)

REPLY to Response to 24 MOTION to Intervene filed by Northeast Organic Farming Association of Vermont, Conservation Law Foundation. (Asay, Bridget) (Entered: 07/29/2025)

ORDER granting 24 Motion to Intervene by Northeast Organic Farming Association of Vermont and Conservation Law Foundation. Signed by District Judge Mary Kay Lanthier on 8/8/2025. (jlm) (Entered: 08/08/2025)

MOTION to Dismiss Case for Lack of Jurisdiction and for Failure to State a Claim with Request for Oral Argument/Hearing filed by State of Vermont, Philip Scott, Julie Moore, Jane Lazorchak (Attachments: # 1 Memorandum in Support, # 2 Index of Exhibits, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M - Part 1 of 3, # 16 Exhibit M - Part 2 of 3, # 17 Exhibit M - Part 3 of 3, # 18 Exhibit N, # 19 Exhibit O, # 20 Exhibit P, # 21 Exhibit Q, # 22 Exhibit R, # 23 Exhibit S - Part 1 of 2, # 24 Exhibit S - Part 2 of 2, # 25 Exhibit T, # 26 Exhibit U, # 27 Exhibit V, # 28 Exhibit W, # 29 Exhibit X)(Rose, Jonathan) Clarified text on 8/18/2025 (kp). Clarified text on 8/20/2025 (kp). (Entered: 08/15/2025)

1 Memorandum in Support

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2 Index of Exhibits

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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14 Exhibit L

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15 Exhibit M - Part 1 of 3

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16 Exhibit M - Part 2 of 3

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17 Exhibit M - Part 3 of 3

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18 Exhibit N

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19 Exhibit O

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20 Exhibit P

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21 Exhibit Q

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22 Exhibit R

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23 Exhibit S - Part 1 of 2

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24 Exhibit S - Part 2 of 2

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25 Exhibit T

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26 Exhibit U

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27 Exhibit V

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28 Exhibit W

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29 Exhibit X

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NOTICE OF APPEARANCE by David K. Mears, Esq on behalf of Joseph Stiglitz et al.(Mears, David) (Entered: 08/21/2025)

MOTION for Appearance Pro Hac Vice of Vivake Prasad (Filing fee $ 150 receipt number AVTDC-2115361) filed by Joseph Stiglitz et al (Attachments: # 1 Declaration of Vivake Prasad) (Mears, David) (Attachment 1 replaced and clarified and Additional attachment(s) added on 8/21/2025: # 2 Certificate of Good Standing) (sjl). (Entered: 08/21/2025)

MOTION for Appearance Pro Hac Vice of Matthew Brinckerhoff (Filing fee $ 150 receipt number AVTDC-2115366) filed by Joseph Stiglitz et al (Attachments: # 1 Declaration of Matthew Brinckerhoff) (Mears, David) (Attachment 1 replaced and clarified and Additional attachment(s) added on 8/21/2025: # 2 Certificate of Good Standing) (sjl). (Entered: 08/21/2025)

MOTION for Appearance Pro Hac Vice of Jonathan Abady (Filing fee $ 150 receipt number AVTDC-2115367) filed by Joseph Stiglitz et al (Attachments: # 1 Declaration of Jonathan Abady) (Mears, David) (Attachment 1 replaced and Additional attachment(s) added on 8/21/2025: # 2 Certificate of Good Standing) (sjl). (Entered: 08/21/2025)

UNOPPOSED MOTION for Leave to File Amicus Brief filed by Joseph Stiglitz et al (Attachments: # 1 Amicus Brief)(Mears, David) Clarified text on 8/21/2025 (kp). (Entered: 08/21/2025)

1 Amicus Brief

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PROPOSED Order re 40 UNOPPOSED MOTION for Leave to File Amicus Brief by Joseph Stiglitz et al (Mears, David) Clarified text on 8/21/2025 (kp). (Entered: 08/21/2025)

NOTICE OF DOCKET ENTRY CORRECTION re: 37 MOTION for Appearance Pro Hac Vice of Vivake Prasad, 38 MOTION for Appearance Pro Hac Vice of Matthew Brinckerhoff and 39 MOTION for Appearance Pro Hac Vice of Jonathan Abady. The Declarations and Certificates of Good Standing for each docket entry were uploaded as combined documents at the time of filing. Each Declaration and Certificate of Good Standing have been taken apart and are now attached to 37, 38, 39 and this entry as separate documents. (Attachments: # 1 Certificate of Good Standing (Prasad), # 2 Declaration of Matthew Brinckerhoff, # 3 Certificate of Good Standing (Brinkerhoff), # 4 Declaration of Jonathan Abady, # 5 Certificate of Good Standing (Abady)) (sjl) (Entered: 08/21/2025)

MOTION to Dismiss Case for Lack of Jurisdiction and Failure to State a Claim with Request for Oral Argument/Hearing filed by Northeast Organic Farming Association of Vermont, Conservation Law Foundation (Attachments: # 1 Memorandum in Support, # 2 Declaration of Addie Rolnick)(Asay, Bridget) Text clarified on 8/22/2025 (kp). (Entered: 08/22/2025)

1 Memorandum in Support

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2 Declaration of Addie Rolnick

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ORDER granting 37 Motion for Appearance Pro Hac Vice of Vivake Prasad. Signed by District Judge Mary Kay Lanthier on 8/25/2025. (This is a text-only Order.) (kap) (Entered: 08/25/2025)

ORDER granting 38 Motion for Appearance Pro Hac Vice of Matthew Brinckerhoff. Signed by District Judge Mary Kay Lanthier on 8/25/2025. (This is a text-only Order.) (kap) (Entered: 08/25/2025)

ORDER granting 39 Motion for Appearance Pro Hac Vice of Jonathan Abady. Signed by District Judge Mary Kay Lanthier on 8/25/2025. (This is a text-only Order.) (kap) (Entered: 08/25/2025)

ORDER granting 40 UNOPPOSED MOTION for Leave to File Amicus Brief. Amici shall file their brief within three days. Signed by District Judge Mary Kay Lanthier on 8/25/2025. (kp) (Entered: 08/25/2025)

Order on Motion for Admission Pro Hac Vice

MEMORANDUM by Joseph Stiglitz et al Amicus Brief re: 35 MOTION to Dismiss Case for Lack of Jurisdiction and for Failure to State a Claim with Request for Oral Argument/Hearing, 43 MOTION to Dismiss Case for Lack of Jurisdiction and Failure to State a Claim (Mears, David) (Entered: 08/26/2025)

RESPONSE in Opposition re 35 MOTION to Dismiss Case for Lack of Jurisdiction and for Failure to State a Claim and 43 MOTION to Dismiss Case for Lack of Jurisdiction and Failure to State a Claim filed by United States of America, United States Environmental Protection Agency. (Walters, Riley) Clarified text on 9/16/2025 (kp). (Entered: 09/15/2025)

MOTION for Summary Judgment with Request for Oral Argument/Hearing filed by United States of America, United States Environmental Protection Agency (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Facts, # 3 Declaration of Deputy Secretary of State Christopher Landau)(Walters, Riley) (Entered: 09/15/2025)

1 Memorandum in Support

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2 Statement of Undisputed Facts

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3 Declaration of Deputy Secretary of State Christopher Landau

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ADMINISTRATIVE ORDER: stay of civil proceedings involving the United States in light of lapse in appropriations; all filing and discovery deadlines imposed on the United States shall be extended by the number of days equal to the length (in days) of the lapse of appropriations plus 10 days; if provided lapse is 7 days or fewer, such extension shall be the number of days equal to the length (in days) of the lapse of appropriations plus 5 days. Signed by Chief District Judge Christina Reiss on 10/3/2025. (law) (Entered: 10/09/2025)

REPLY to Response to 35 MOTION to Dismiss Case for Lack of Jurisdiction and for Failure to State a Claim with Request for Oral Argument/Hearing filed by State of Vermont, Philip Scott, Julie Moore, Jane Lazorchak. (Rose, Jonathan) (Entered: 11/17/2025)

RESPONSE in Opposition to 50 MOTION for Summary Judgment filed by State of Vermont, Philip Scott, Julie Moore, Jane Lazorchak. (Attachments: # 1 Statement of Disputed Material Facts in Response to U.S. Facts, # 2 Declaration of Don Fullerton, # 3 Declaration of Harold Koh)(Rose, Jonathan) (Entered: 11/17/2025)

1 Statement of Disputed Material Facts in Response to U.S. Facts

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2 Declaration of Don Fullerton

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3 Declaration of Harold Koh

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CROSS MOTION for Summary Judgment with Request for Oral Argument/Hearing filed by State of Vermont, Philip Scott, Julie Moore, Jane Lazorchak (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Facts, # 3 Declaration of Jane Lazorchak, # 4 Declaration of Sue Minter)(Rose, Jonathan) (Entered: 11/17/2025)

1 Memorandum in Support

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2 Statement of Undisputed Facts

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3 Declaration of Jane Lazorchak

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4 Declaration of Sue Minter

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REPLY to Response to 43 MOTION to Dismiss Case for Lack of Jurisdiction and Failure to State a Claim filed by Northeast Organic Farming Association of Vermont, Conservation Law Foundation. (Rolnick, Adeline) (Entered: 11/21/2025)

RESPONSE in Opposition to 50 MOTION for Summary Judgment filed by Northeast Organic Farming Association of Vermont, Conservation Law Foundation. (Attachments: # 1 Statement of Disputed Material Facts, # 2 Declaration of Adeline Rolnick)(Rolnick, Adeline) (Entered: 11/21/2025)

1 Statement of Disputed Material Facts

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2 Declaration of Adeline Rolnick

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CROSS MOTION for Summary Judgment with Request for Oral Argument/Hearing filed by Northeast Organic Farming Association of Vermont, Conservation Law Foundation (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Facts)(Rolnick, Adeline) (Entered: 11/21/2025)

1 Memorandum in Support

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2 Statement of Undisputed Facts

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UNOPPOSED MOTION for Leave to File Amicus Brief filed by Vermont Public Interest Research Group (Attachments: # 1 Attachment Proposed Amicus Brief, # 2 Proposed Order Proposed Order)(Courchesne, Christophe) (Entered: 11/21/2025)

1 Attachment Proposed Amicus Brief

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2 Proposed Order Proposed Order

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ORDER granting 58 Motion for Leave to File Amicus Brief filed by Vermont Public Interest Research Group. Signed by District Judge Mary Kay Lanthier on 11/24/2025. (jlm) (Entered: 11/24/2025)

MEMORANDUM by Vermont Public Interest Research Group Amicus Brief re: 56 Response in Opposition to Motion for Summary Judgment, 35 MOTION to Dismiss Case for Lack of Jurisdiction and for Failure to State a Claim with Request for Oral Argument/Hearing, 53 Response in Opposition to Motion for Summary Judgment, 43 MOTION to Dismiss Case for Lack of Jurisdiction and Failure to State a Claim, 57 CROSS MOTION for Summary Judgment, 54 CROSS MOTION for Summary Judgment (Courchesne, Christophe) (Entered: 11/24/2025)

MOTION for Extension of Time to File Response/Reply as to 54 CROSS MOTION for Summary Judgment filed by State of Vermont, Philip Scott, Julie Moore, Jane Lazorchak(Rose, Jonathan) (Entered: 12/01/2025)

JOINDER re: 61 MOTION for Extension of Time to File Response/Reply as to 54 CROSS MOTION for Summary Judgment filed by Northeast Organic Farming Association of Vermont, Conservation Law Foundation(Asay, Bridget) Event/text and links corrected on 12/3/2025 (jlm). (Entered: 12/01/2025)

RESPONSE in Opposition re 61 MOTION for Extension of Time to File Response/Reply as to 54 CROSS MOTION for Summary Judgment filed by United States of America, United States Environmental Protection Agency. (Walters, Riley) Link removed on 12/3/2025 (jlm) (Entered: 12/03/2025)

ORDER granting in part re 61 MOTION for Extension of Time to File Response/Reply as to 54 CROSS MOTION for Summary Judgment. The parties agreed to this schedule with an understanding the deadlines were around the end of the year holidays. Defendants' and Defendant-Intervenors' Reply shall be filed no later than January 16, 2026. Signed by District Judge Mary Kay Lanthier on 12/15/2025. (This is a text-only Order.)(kap) (Entered: 12/15/2025)

REPLY to Response to 50 MOTION for Summary Judgment filed by United States of America, United States Environmental Protection Agency. (Attachments: # 1 Statement of Disputed Material Facts (Response to Intervenor-Defendants' Statement of Additional Undisputed Material Facts, # 2 Declaration of Luke Froeb)(Walters, Riley) (Entered: 12/15/2025)

RESPONSE in Opposition to 57 CROSS MOTION for Summary Judgment, 54 CROSS MOTION for Summary Judgment filed by United States of America, United States Environmental Protection Agency. (Attachments: # 1 Statement of Disputed Material Facts (Response to Defendants' SUMF), # 2 Statement of Disputed Material Facts (Response to Intervenor-Defendants' SUMF), # 3 Statement of Undisputed Facts (Plaintiffs' Statement of Additional Undisputed Material Facts), # 4 Declaration of Matthew Warren)(Walters, Riley) (Entered: 12/15/2025)

Order on Motion for Extension of Time to File Response/Reply