Case: United States of America v. State of New York

Legal Defense Fund

COMPLAINT against KATHLEEN HOCHUL, Letitia James, Amanda Lefton, STATE OF NEW YORK. Document filed by UNITED STATES OF AMERICA, United States Environmental Protection Agency..(Heminger, Justin) (Entered: 05/01/2025)

CIVIL COVER SHEET filed..(Heminger, Justin) (Entered: 05/01/2025)

STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:25-cv-01738. Document filed by UNITED STATES OF AMERICA, United States Environmental Protection Agency..(Heminger, Justin) (Entered: 05/01/2025)

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc)

Case Designated ECF. (pc)

Case Designated ECF

CASE REFERRED TO Judge Mary Kay Vyskocil as possibly related to 25cv1738. (pc)

Case Referred as Possibly Related

Notice to Attorney Regarding Party Modification

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Justin Heminger. The party information for the following party/parties has been modified: KATHLEEN HOCHUL, Letitia James, Amanda Lefton, STATE OF NEW YORK, UNITED STATES OF AMERICA. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (pc)

Notice to Attorney Regarding Case Opening Statistical Error Correction

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Justin Heminger. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc)

Case Declined as Not Related

CASE DECLINED AS NOT RELATED. Case referred as related to 1:25-cv-01738-MKV and declined by Judge Mary Kay Vyskocil and returned to wheel for assignment. (tro)

Notice of Case Assignment/Reassignment

NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Unassigned is no longer assigned to the case..(tro)

Case Designation

Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (tro)

REQUEST FOR ISSUANCE OF SUMMONS as to Amanda Lefton, re: 1 Complaint. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 05/13/2025)

ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/23/2025 at 10:30 AM before Judge P. Kevin Castel. The call-in information for all teleconferences is: Dial-in: 1-855-244-8681 Access Code: 2305 810 3970 #. Attention is called to Local Rule 1.8 that prohibits the recording or transmission of any proceeding. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/13/2025) (vfr) (Entered: 05/13/2025)

NOTICE OF APPEARANCE by Riley Walters on behalf of United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 05/13/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to State of New York, re: 1 Complaint. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 05/13/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Kathleen Hochul, re: 1 Complaint. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 05/13/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Letitia James, re: 1 Complaint. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 05/13/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Amanda Lefton, re: 1 Complaint. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 05/13/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Kathleen Hochul, re: 1 Complaint. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 05/13/2025)

ELECTRONIC SUMMONS ISSUED as to Amanda Lefton..(jgo) (Entered: 05/14/2025)

ELECTRONIC SUMMONS ISSUED as to Amanda Lefton..(jgo) (Entered: 05/14/2025)

ELECTRONIC SUMMONS ISSUED as to Kathleen Hochul..(jgo) (Entered: 05/14/2025)

ELECTRONIC SUMMONS ISSUED as to Kathleen Hochul..(jgo) (Entered: 05/14/2025)

ELECTRONIC SUMMONS ISSUED as to Letitia James..(jgo) (Entered: 05/14/2025)

ELECTRONIC SUMMONS ISSUED as to State Of New York..(jgo) (Entered: 05/14/2025)

AFFIDAVIT OF SERVICE. Letitia James served on 5/19/2025, answer due 6/9/2025. Service was accepted by Paulina Rubio (Office Assistant). Document filed by United States Of America; United States Environmental Protection Agency..(Walters, Riley) (Entered: 05/23/2025)

AFFIDAVIT OF SERVICE. Kathleen Hochul served on 5/19/2025, answer due 6/9/2025. Service was accepted by Paulina Rubio (Office Assistant). Document filed by United States Of America; United States Environmental Protection Agency..(Walters, Riley) (Entered: 05/23/2025)

AFFIDAVIT OF SERVICE. Kathleen Hochul served on 5/20/2025, answer due 6/10/2025. Service was accepted by Amber Schofield (Office Assistant). Document filed by United States Of America; United States Environmental Protection Agency..(Walters, Riley) (Entered: 05/23/2025)

AFFIDAVIT OF SERVICE. Amanda Lefton served on 5/19/2025, answer due 6/9/2025. Service was accepted by Paulina Rubio (Office Assistant). Document filed by United States Of America; United States Environmental Protection Agency..(Walters, Riley) (Entered: 05/23/2025)

AFFIDAVIT OF SERVICE. Amanda Lefton served on 5/20/2025, answer due 6/10/2025. Service was accepted by Thomas Richards (Senior Attorney). Document filed by United States Of America; United States Environmental Protection Agency..(Walters, Riley) (Entered: 05/23/2025)

AFFIDAVIT OF SERVICE. State Of New York served on 5/19/2025, answer due 6/9/2025. Service was accepted by Paulina Rubio (Office Assistant). Document filed by United States Of America; United States Environmental Protection Agency..(Walters, Riley) (Entered: 05/23/2025)

NOTICE OF APPEARANCE by Laura Elizabeth Mirman-Heslin on behalf of Letitia James, Kathleen Hochul, Amanda Lefton, State Of New York..(Mirman-Heslin, Laura) (Entered: 06/02/2025)

LETTER addressed to Judge P. Kevin Castel from Defendants dated June 3, 2025 re: pre-motion letter advising the Court of Defendants' intent to file a motion to transfer venue and proposing a briefing schedule for that motion and requesting an extension of Defendants' time to answer or otherwise respond to the complaint. Document filed by Letitia James, Kathleen Hochul, Amanda Lefton, State Of New York..(Mirman-Heslin, Laura) (Entered: 06/03/2025)

LETTER addressed to Judge P. Kevin Castel from Riley W. Walters on behalf of Plaintiffs dated June 6, 2025 re: Response to Defendants' June 3, 2025 Letter, ECF No. 25. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 06/06/2025)

MOTION for Ayah F. Badran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31197634. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Letitia James, Kathleen Hochul, Amanda Lefton, State Of New York. (Attachments: # 1 Affidavit Declaration of Ayah F. Badran for Admission Pro Hac Vice, # 2 Exhibit Certificate of Good Standing NY, # 3 Proposed Order Proposed Order for Admission Pro Hac Vice).(Badran, Ayah) (Entered: 06/06/2025)

1 Affidavit Declaration of Ayah F. Badran for Admission Pro Hac Vice

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2 Exhibit Certificate of Good Standing NY

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3 Proposed Order Proposed Order for Admission Pro Hac Vice

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MEMO ENDORSEMENT on re: 25 Letter, filed by Kathleen Hochul, Letitia James, Amanda Lefton, State Of New York. ENDORSEMENT: Defendants may proceed with the motion to transfer on the proposed schedule. Time to respond to Complaint extended to June 20, 2025. June 23, 2025 is conference is VACATED. All other relief denied. SO ORDERED. Letitia James answer due 6/20/2025; Kathleen Hochul answer due 6/20/2025; Amanda Lefton answer due 6/20/2025; State Of New York answer due 6/20/2025.( Motions due by 6/13/2025., Replies due by 7/28/2025., Responses due by 7/15/2025) (Signed by Judge P. Kevin Castel on 6/6/2025) (vfr) (Entered: 06/06/2025)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 27 MOTION for Ayah F. Badran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31197634. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

ORDER granting 27 Motion for Ayah F. Badran to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 06/09/2025)

Order on Motion to Appear Pro Hac Vice

NOTICE OF APPEARANCE by Ayah Fadi Badran on behalf of Letitia James, Kathleen Hochul, Amanda Lefton, State Of New York..(Badran, Ayah) (Entered: 06/11/2025)

MOTION to Transfer Case to NDNY. Document filed by Letitia James, Kathleen Hochul, Amanda Lefton, State Of New York. (Attachments: # 1 Supplement Memorandum iso State's Motion to Transfer, # 2 Affidavit Declaration of Maureen Leddy iso State's Motion to Transfer).(Badran, Ayah) (Entered: 06/13/2025)

ANSWER to 1 Complaint. Document filed by Letitia James, Kathleen Hochul, Amanda Lefton, State Of New York..(Mirman-Heslin, Laura) (Entered: 06/20/2025)

LETTER addressed to Judge P. Kevin Castel from Riley W. Walters on behalf of Plaintiffs dated July 2, 2025 re: Pre-motion letter advising the Court of Plaintiffs' intent to file a motion for summary judgment and proposing a briefing schedule for that motion. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 07/02/2025)

ORDER: This action was commenced on May 1, 2025. In a letter dated July 2, 2025 (ECF 33), plaintiff seeks to move for summary judgment under Rule 56, Fed. R. Civ. P., before discovery has commenced. A district court is empowered to determine "the appropriateness and timing of summary adjudication under Rule 56" under the authority of Rule 16(c)(2)(E). Pursuant to that authority, plaintiff is directed to respond by July 10, 2025 (in a filing on ECF) to the following inquires, as further set forth in this Order. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/2/2025) (vfr) (Entered: 07/02/2025)

NOTICE OF APPEARANCE by John K Adams on behalf of United States Environmental Protection Agency, United States Of America..(Adams, John) (Entered: 07/09/2025)

LETTER addressed to Judge P. Kevin Castel from Riley W. Walters on behalf of Plaintiffs dated July 10, 2025 re: Response to Court's Inquires in July 2, 2025 Order. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 07/10/2025)

LETTER MOTION for Extension of Time to File Response/Reply as to 33 Letter, 36 Letter, addressed to Judge P. Kevin Castel from Defendants dated July 11, 2025. Document filed by Letitia James, Kathleen Hochul, Amanda Lefton, State Of New York..(Mirman-Heslin, Laura) (Entered: 07/11/2025)

LETTER addressed to Judge P. Kevin Castel from Riley W. Walters on behalf of Plaintiffs dated July 11, 2025 re: Opposition to Defendants' July 11 Letter Motion for Extension of Time. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 07/11/2025)

MEMORANDUM OF LAW in Opposition re: 31 MOTION to Transfer Case to NDNY. . Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 07/15/2025)

ORDER granting 37 Letter Motion for Extension of Time to File Response/Reply. Application granted over plaintiffs' objection. The adjournment is FINAL and will not be extended. Plaintiffs may reply by August 1, 2025. (Signed by Judge P. Kevin Castel on 7/15/2025) (vfr) (Entered: 07/15/2025)

LETTER addressed to Judge P. Kevin Castel from Defendants re: Defendants' Opposition to Plaintiffs' Request for a Scheduling Order Establishing a Summary Judgment Briefing Schedule. Document filed by Letitia James, Kathleen Hochul, Amanda Lefton, State Of New York..(Mirman-Heslin, Laura) (Entered: 07/24/2025)

LETTER addressed to Judge P. Kevin Castel from Counsel for Proposed Defendant-Intervenors dated July 28, 2025 re: pre-motion letter advising the Court of Proposed Defendant-Intervenors' intent to file a motion to intervene. Document filed by West Harlem Environmental Action, Inc., Catskill Mountainkeeper, Citizens Campaign for the Environment, Food & Water Watch, Third Act Initiative, Inc., Fridays For Future NYC..(Wu, Michelle) (Entered: 07/28/2025)

NOTICE OF APPEARANCE by Michelle Wu on behalf of Catskill Mountainkeeper, Citizens Campaign for the Environment, West Harlem Environmental Action, Inc...(Wu, Michelle) (Entered: 07/28/2025)

REPLY MEMORANDUM OF LAW in Support re: 31 MOTION to Transfer Case to NDNY. . Document filed by Letitia James, Kathleen Hochul, Amanda Lefton, State Of New York..(Badran, Ayah) (Entered: 07/28/2025)

MOTION for Erin Eileen Doran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31451364. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Food & Water Watch. (Attachments: # 1 Affidavit Affidavit in Support of PHV Motion, # 2 Exhibit NY Certificate of Good Standing, # 3 Exhibit MD Certificate of Good Standing, # 4 Proposed Order Proposed Order for PHV Motion).(Doran, Erin) (Entered: 07/29/2025)

NOTICE OF APPEARANCE by Mitchell S. Bernard on behalf of Catskill Mountainkeeper, Citizens Campaign for the Environment, West Harlem Environmental Action, Inc...(Bernard, Mitchell) (Entered: 07/30/2025)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 45 MOTION for Erin Eileen Doran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31451364. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

ORDER granting 45 Motion for Erin Eileen Doran to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 07/31/2025)

Order on Motion to Appear Pro Hac Vice

LETTER addressed to Judge P. Kevin Castel from Riley W. Walters on behalf of Plaintiffs dated August 1, 2025 re: Response to Proposed Defendant-Intervenors Pre-Motion Letter. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 08/01/2025)

LETTER addressed to Judge P. Kevin Castel from Riley W. Walters on behalf of Plaintiffs dated August 1, 2025 re: Reply in Support of Plaintiffs' Request for a Scheduling Order Establishing a Summary Judgment Briefing Schedule. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 08/01/2025)

OPINION AND ORDER: For the reasons explained above, defendant's motion to transfer (ECF 31) is DENIED. Plaintiffs' proposed motion for summary judgment shall be filed by September 26, 2025. Defendants' response is due October 27, 2 025, and plaintiffs' reply is due November 19, 2025. Page limits are enlarged to 40 pages for opening and answering briefs and 25 pages for the reply brief. Because of the nature of the claims and defenses, the Court will dispense with the requirement of statements and counter statements pursuant to Local Civil Rule 56.1. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/4/2025) (vfr)

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 52 Letter) - LETTER addressed to Judge P. Kevin Castel from Michelle Wu on behalf of Proposed Defendant-Intervenors dated August 6, 2025 re: Proposed briefing schedule for motion to intervene. Document filed by Catskill Mountainkeeper, Citizens Campaign for the Environment, Food & Water Watch, Fridays For Future NYC, Third Act Initiative, Inc., West Harlem Environmental Action, Inc. (Bernard, Mitchell) Modified on 8/8/2025 (db). As per ECF-ERROR Email Correspondence Received on 8/7/2025 @ 9:26am. (Entered: 08/06/2025)

LETTER addressed to Judge P. Kevin Castel from Michelle Wu on behalf of Proposed Defendant-Intervenors dated August 6, 2025 re: Proposed briefing schedule for motion to intervene. Document filed by Catskill Mountainkeeper, Citizens Campaign for the Environment, Food & Water Watch, Fridays For Future NYC, Third Act Initiative, Inc., West Harlem Environmental Action, Inc...(Wu, Michelle) (Entered: 08/07/2025)

MEMO ENDORSEMENT on re: 51 Letter. ENDORSEMENT: File motion on proposed schedule. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/6/2025) (Motions due by 8/15/2025. Replies due by 9/8/2025. Responses due by 8/29/2025.) (ar) (Entered: 08/07/2025)

LETTER MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Summary Judgment addressed to Judge P. Kevin Castel from Defendants dated August 7, 2025. Document filed by Letitia James, Kathleen Hochul, Amanda Lefton, State Of New York..(Mirman-Heslin, Laura) (Entered: 08/07/2025)

LETTER RESPONSE in Opposition to Motion addressed to Judge P. Kevin Castel from Riley W. Walters on behalf of Plaintiffs dated August 7, 2025 re: 54 LETTER MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Summary Judgment addressed to Judge P. Kevin Castel from Defendants dated August 7, 2025. . Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 08/07/2025)

MEMO ENDORSEMENT on re: 55 Response in Opposition to Motion, filed by United States Of America, United States Environmental Protection Agency. ENDORSEMENT: Plaintiffs shall file their motion for summary judgment by August 29, defendants shall respond by October 27 and plaintiffs may reply by November 19. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/8/2025) (Motions due by 8/29/2025. Replies due by 11/19/2025. Responses due by 10/27/2025) (ar) (Entered: 08/08/2025)

MOTION to Intervene . Document filed by Catskill Mountainkeeper, Citizens Campaign for the Environment, Food & Water Watch, Fridays For Future NYC, Third Act Initiative, Inc., West Harlem Environmental Action, Inc.. (Attachments: # 1 Exhibit [Proposed] Answer of Defendant-Intervenors).(Wu, Michelle) (Entered: 08/15/2025)

MEMORANDUM OF LAW in Support re: 57 MOTION to Intervene . . Document filed by Catskill Mountainkeeper, Citizens Campaign for the Environment, Food & Water Watch, Fridays For Future NYC, Third Act Initiative, Inc., West Harlem Environmental Action, Inc...(Wu, Michelle) (Entered: 08/15/2025)

DECLARATION of Ramsay Adams in Support re: 57 MOTION to Intervene .. Document filed by Catskill Mountainkeeper, Citizens Campaign for the Environment, Food & Water Watch, Fridays For Future NYC, Third Act Initiative, Inc., West Harlem Environmental Action, Inc...(Wu, Michelle) (Entered: 08/15/2025)

DECLARATION of Patrick Almonrode in Support re: 57 MOTION to Intervene .. Document filed by Catskill Mountainkeeper, Citizens Campaign for the Environment, Food & Water Watch, Fridays For Future NYC, Third Act Initiative, Inc., West Harlem Environmental Action, Inc...(Wu, Michelle) (Entered: 08/15/2025)

DECLARATION of Adrienne Esposito in Support re: 57 MOTION to Intervene .. Document filed by Catskill Mountainkeeper, Citizens Campaign for the Environment, Food & Water Watch, Fridays For Future NYC, Third Act Initiative, Inc., West Harlem Environmental Action, Inc...(Wu, Michelle) (Entered: 08/15/2025)

DECLARATION of Helen Mancini in Support re: 57 MOTION to Intervene .. Document filed by Catskill Mountainkeeper, Citizens Campaign for the Environment, Food & Water Watch, Fridays For Future NYC, Third Act Initiative, Inc., West Harlem Environmental Action, Inc...(Wu, Michelle) (Entered: 08/15/2025)

DECLARATION of Ken Schles in Support re: 57 MOTION to Intervene .. Document filed by Catskill Mountainkeeper, Citizens Campaign for the Environment, Food & Water Watch, Fridays For Future NYC, Third Act Initiative, Inc., West Harlem Environmental Action, Inc...(Wu, Michelle) (Entered: 08/15/2025)

DECLARATION of Peggy Shepard in Support re: 57 MOTION to Intervene .. Document filed by Catskill Mountainkeeper, Citizens Campaign for the Environment, Food & Water Watch, Fridays For Future NYC, Third Act Initiative, Inc., West Harlem Environmental Action, Inc...(Wu, Michelle) (Entered: 08/15/2025)

DECLARATION of Emily Wurth in Support re: 57 MOTION to Intervene .. Document filed by Catskill Mountainkeeper, Citizens Campaign for the Environment, Food & Water Watch, Fridays For Future NYC, Third Act Initiative, Inc., West Harlem Environmental Action, Inc...(Wu, Michelle) (Entered: 08/15/2025)

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Todd Douglas Ommen on behalf of Food & Water Watch, Fridays For Future NYC, Third Act Initiative, Inc..(Ommen, Todd) (Entered: 08/15/2025)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Catskill Mountainkeeper, Citizens Campaign for the Environment, West Harlem Environmental Action, Inc...(Wu, Michelle) (Entered: 08/15/2025)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Food & Water Watch, Fridays For Future NYC, Third Act Initiative, Inc...(Ommen, Todd) (Entered: 08/15/2025)

Notice of Appearance