Case: Lopez v. United States of America

U.S. District Court for the District of District of Columbia

Lopez et al. v. United States of America et al.

U.S. District Court for the District of District of Columbia

Lopez et al. v. United States of America et al.

U.S. District Court for the District of District of Columbia

Lopez et al. v. United States of America et al.

U.S. District Court for the District of District of Columbia

Lopez et al. v. United States of America et al.

COMPLAINT against BROOKE ROLLINS, TOM SCHULTZ, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES FOREST SERVICE, UNITED STATES OF AMERICA with Jury Demand ( Filing fee $ 405 receipt number ADCDC-11842616) filed by NOMIE BROWN, SINETTA LOPEZ, ANGELA KINSEY, GOUYEN BROWN LOPEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Myers, Christian) [Transferred from dcd on 8/5/2025.] (Entered: 07/24/2025)

1 Civil Cover Sheet

View on RECAP

2 Summons

View on PACER

3 Summons

View on PACER

4 Summons

View on PACER

5 Summons

View on PACER

6 Summons

View on PACER

NOTICE OF RELATED CASE by NOMIE BROWN, ANGELA KINSEY, GOUYEN BROWN LOPEZ, SINETTA LOPEZ. Case related to Case No. 2:21-cv-00068 (D. Ariz.); Case No. 2:21-cv-00050-SPL (D. Ariz.); Case No. 2:21-cv-00122-DWL (D. Ariz.). (Myers, Christian) [Transferred from dcd on 8/5/2025.] (Entered: 07/24/2025)

SUMMONS (5) Issued Electronically as to All Defendants and U.S. Attorney (Attachments: # 1 Notice and Consent)(zmbs) (Attachment 1 replaced on 7/28/2025) (znmw). [Transferred from dcd on 8/5/2025.] (Entered: 07/25/2025)

STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 7/25/2025. (lctjk2) [Transferred from dcd on 8/5/2025.] (Entered: 07/25/2025)

REQUEST FOR SUMMONS TO ISSUE for United States Attorney General filed by NOMIE BROWN, SINETTA LOPEZ, ANGELA KINSEY, GOUYEN BROWN LOPEZ.(Myers, Christian) [Transferred from dcd on 8/5/2025.] (Entered: 07/25/2025)

SUMMONS (1) Issued Electronically as to UNITED STATES DEPARTMENT OF AGRICULTURE U.S. Attorney General (Attachments: # 1 Notice and Consent)(zdp) [Transferred from dcd on 8/5/2025.] (Entered: 07/25/2025)

MOTION to Transfer Case to District of Arizona by BROOKE ROLLINS, TOM SCHULTZ, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES FOREST SERVICE, UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Norman, Erika)[Transferred from dcd on 8/5/2025.] (Entered: 07/25/2025)

NOTICE of Appearance by Michael Robert Huston on behalf of Resolution Copper Mining LLC (Huston, Michael) [Transferred from dcd on 8/5/2025.] (Entered: 07/25/2025)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Resolution Copper Mining LLC (Huston, Michael) [Transferred from dcd on 8/5/2025.] (Entered: 07/25/2025)

MOTION to Intervene by Resolution Copper Mining LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Huston, Michael) [Transferred from dcd on 8/5/2025.] (Entered: 07/25/2025)

MEMORANDUM re 10 MOTION to Intervene by Resolution Copper Mining LLC. (Attachments: # 1 Exhibit 1)(Huston, Michael) [Transferred from dcd on 8/5/2025.] (Entered: 07/25/2025)

MOTION to Transfer Case by Resolution Copper Mining LLC. (Attachments: # 1 Exhibit A)(Huston, Michael) [Transferred from dcd on 8/5/2025.] (Entered: 07/25/2025)

MEMORANDUM (corrected) re 10 MOTION to Intervene by Resolution Copper Mining LLC. (Attachments: # 1 Exhibit 1)(Huston, Michael) Modified docket text on 7/29/2025 (zdp). [Transferred from dcd on 8/5/2025.] (Entered: 07/25/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Miles E. Coleman, Filing fee $ 100, receipt number ADCDC-11846027. Fee Status: Fee Paid. by NOMIE BROWN, ANGELA KINSEY, GOUYEN BROWN LOPEZ, SINETTA LOPEZ. (Attachments: # 1 Exhibit A.Declaration of Miles E. Coleman, # 2 Exhibit B.Certificate of Good Standing for Miles E. Coleman)(Myers, Christian) [Transferred from dcd on 8/5/2025.] (Entered: 07/25/2025)

MOTION for Preliminary Injunction by NOMIE BROWN, ANGELA KINSEY, GOUYEN BROWN LOPEZ, SINETTA LOPEZ. (Attachments: # 1 Memorandum in Support of Preliminary Injunction, # 2 Declaration of Gouyen Brown Lopez, # 3 Declaration of Sinetta Lopez, # 4 Declaration of Nomie Brown, # 5 Declaration of Angela Kinsey, # 6 Declaration of Miles Coleman, # 7 Exhibit 1 to Miles E. Coleman Declaration, # 8 Text of Proposed Order)(Myers, Christian) [Transferred from dcd on 8/5/2025.] (Entered: 07/25/2025)

Case Assigned to Judge Timothy J. Kelly. (zmbs) [Transferred from dcd on 8/5/2025.]

NOTICE OF NEW CASE ERROR regarding 1 Complaint,. The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit summons for US Attorney General using the event Request for Summons to Issue. (zmbs) [Transferred from dcd on 8/5/2025.]

MINUTE ORDER: It is hereby ORDERED that Defendants and Proposed Intervenor-Defendant shall respond to Plaintiffs' proposed preliminary-injunction briefing schedule, ECF No. 15 at 2, by July 28, 2025 at 12:00 noon. It is further ORDERED that Plaintiffs shall file their oppositions, if any, to Defendants' 7 Motion to Transfer Venue and Proposed Intervenor-Defendant's 10 Motion to Intervene and 12 Motion to Transfer Venue by July 29, 2025 at 12:00 noon. It is further ORDERED that Defendants and Proposed Intervenor-Defendant shall file their replies in support of their 7, 10, and 12 Motions by July 31, 2025 at 12:00 noon. Signed by Judge Timothy J. Kelly on 7/27/2025. (lctjk2) [Transferred from dcd on 8/5/2025.]

RESPONSE Federal Defendants' Response to Plaintiffs' Proposed Preliminary-Injunction Briefing Schedule by BROOKE ROLLINS, TOM SCHULTZ, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES FOREST SERVICE, UNITED STATES OF AMERICA re Order,,, Set Deadlines,, (Norman, Erika) Modified event title on 7/29/2025 (znmw). [Transferred from dcd on 8/5/2025.] (Entered: 07/28/2025)

RESPONSE Proposed Intervenor-Defendant in Response to Plaintiffs' Proposed Preliminary-Injunction Briefing Schedule by Resolution Copper Mining LLC re Order (Huston, Michael) Modified event title and link on 7/29/2025 (znmw). [Transferred from dcd on 8/5/2025.] (Entered: 07/28/2025)

NOTICE of Appearance by Angela Ellis on behalf of All Defendants (Ellis, Angela) [Transferred from dcd on 8/5/2025.] (Entered: 07/28/2025)

RESPONSE re 10 MOTION to Intervene filed by NOMIE BROWN, ANGELA KINSEY, GOUYEN BROWN LOPEZ, SINETTA LOPEZ. (Attachments: # 1 Text of Proposed Order Imposing Conditions of Defendant-Intervenor Resolution Copper Mining LLC)(Myers, Christian) [Transferred from dcd on 8/5/2025.] (Entered: 07/29/2025)

Memorandum in opposition to re 12 MOTION to Transfer Case, 7 MOTION to Transfer Case to District of Arizona filed by NOMIE BROWN, ANGELA KINSEY, GOUYEN BROWN LOPEZ, SINETTA LOPEZ. (Attachments: # 1 Text of Proposed Order Denying Defendants and Defendant-Intervenors' Motion to Transfer)(Myers, Christian) [Transferred from dcd on 8/5/2025.] (Entered: 07/29/2025)

REPLY re 17 Notice (Other), 16 Notice (Other), filed by NOMIE BROWN, ANGELA KINSEY, GOUYEN BROWN LOPEZ, SINETTA LOPEZ. (Myers, Christian) [Transferred from dcd on 8/5/2025.] (Entered: 07/29/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeffrey Albert Wald, Filing fee $ 100, receipt number ADCDC-11852853. Fee Status: Fee Paid. by NOMIE BROWN, ANGELA KINSEY, GOUYEN BROWN LOPEZ, SINETTA LOPEZ. (Attachments: # 1 Exhibit A.Wald Declaration, # 2 Exhibit B.Wald Certificate of Good Standing, # 3 Text of Proposed Order Granting Motion for Motion for Jeffrey Albert Wald)(Myers, Christian) [Transferred from dcd on 8/5/2025.] (Entered: 07/30/2025)

REPLY to opposition to motion re 7 Motion to Transfer Case filed by BROOKE ROLLINS, TOM SCHULTZ, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES FOREST SERVICE, UNITED STATES OF AMERICA. (Ellis, Angela) [Transferred from dcd on 8/5/2025.] (Entered: 07/31/2025)

REPLY to opposition to motion re 10 Motion to Intervene filed by RESOLUTION COPPER MINING LLC. (Huston, Michael) [Transferred from dcd on 8/5/2025.] (Entered: 07/31/2025)

REPLY to opposition to motion re 12 Motion to Transfer Case filed by RESOLUTION COPPER MINING LLC. (Huston, Michael) [Transferred from dcd on 8/5/2025.] (Entered: 07/31/2025)

NOTICE of Appearance by Gregory Martin Cumming on behalf of BROOKE ROLLINS, TOM SCHULTZ, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES FOREST SERVICE, UNITED STATES OF AMERICA (Cumming, Gregory) [Transferred from dcd on 8/5/2025.] (Entered: 08/01/2025)

ORDER granting Defendants' 7 Motion to Transfer Venue and Intervenor-Defendant's 12 Motion to Transfer Venue. See Order for details. The Clerk of Court is directed to TRANSFER this case to the District of Arizona FORTHWITH. Signed by Judge Timothy J. Kelly on 8/1/2025. (lctjk2) [Transferred from dcd on 8/5/2025.] (Entered: 08/01/2025)

MEMORANDUM in support of the Court's 27 Order granting Defendants' 7 Motion to Transfer Venue and Intervenor-Defendant's 12 Motion to Transfer Venue. Signed by Judge Timothy J. Kelly on 8/1/2025. (lctjk2) [Transferred from dcd on 8/5/2025.] (Entered: 08/01/2025)

MINUTE ORDER granting Resolution Copper Mining LLC's 10 Motion to Intervene. Federal Rule of Civil Procedure 24(b) provides that a "court may permit anyone to intervene who... has a claim or defense that shares with the main action a common question of law or fact." Resolution has satisfied this requirement. Thus, upon consideration of Resolution's 10 Motion to Intervene and Plaintiffs' 19 Statement Regarding Resolution Copper Mining LLC's Motion to Intervene, and since Plaintiffs and Defendants do not oppose intervention, it is hereby ORDERED that Resolution's 10 Motion is GRANTED. It is further ORDERED that Resolution is permitted to intervene in this case as Intervenor-Defendant. It is further ORDERED that the Court DENIES WITHOUT PREJUDICE Plaintiffs' request to impose conditions on Resolution's participation. Signed by Judge Timothy J. Kelly on 8/1/2025. (lctjk2) [Transferred from dcd on 8/5/2025.]

MINUTE ORDER: It is hereby ORDERED that Defendants and Intervenor-Defendant shall file their responses to Plaintiff's 15 Application for Preliminary Injunction by August 5, 2025, and Plaintiffs shall file their reply by August 11, 2025. Signed by Judge Timothy J. Kelly on 8/1/2025. (lctjk2) [Transferred from dcd on 8/5/2025.]

CASE TRANSFERRED IN from District of District of Columbia; Case Number 1:25-cv-02408 . Original file certified copy of transfer order and docket sheet received (Entered: 08/05/2025)

NOTICE Re Transfer of 1:25-cv-2408-TJK from the District of Columbia to the District of Arizona. New Case Number: CV-25-2758-PHX-DWL. (MAP) (Entered: 08/05/2025)

ORDER - Telephonic Status Conference set for 8/5/2025 at 01:00 PM (Arizona Time) before Judge Dominic W Lanza. Counsel shall call in using 855-244-8681, access code 2313-785-5764. Ordered by Judge Dominic W Lanza on 8/5/25. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) (Entered: 08/05/2025)

NOTICE of Appearance by Christopher David Thomas on behalf of Resolution Copper Mining LLC. (Thomas, Christopher) (Entered: 08/05/2025)

RESPONSE in Opposition re: 15 MOTION for Preliminary Injunction filed by Brooke Rollins, Tom Schultz, United States Department of Agriculture, United States Forest Service, United States of America. (Attachments: # 1 Exhibit 1- Sec. Rollins Letter)(Cumming, Gregory) (Entered: 08/05/2025)

1 Exhibit 1- Sec. Rollins Letter

View on RECAP

MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Status Conference held on 8/5/2025. The posture of the case is discussed. Counsel advise that they can adhere to the current briefing schedule. The Court declines to set any hearings at this time. As to the request for summons at document 5, the parties are to meet and confer and submit a joint notice as to what action they would like the Court to take. Intervenor Defendant makes an oral motion to exceed the page limit in their response to the Motion for Preliminary Injunction. The motion is granted. Defendants' and Intervenor Defendant's responses may be 30 pages in length. Plaintiffs' reply may be 17 pages. APPEARANCES: Telephonic appearance by Miles Coleman for Plaintiffs. Telephonic appearance by Gregory Cumming and Angela Ellis for Defendants. Telephonic appearance by Christopher Thomas and Michael Huston for Intervenor Defendant. (Court Reporter Jennifer Pancratz.) Hearing held 1:01 PM to 1:15 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) (Entered: 08/05/2025)

NOTICE of Appearance by Diane M Johnsen on behalf of Resolution Copper Mining LLC. (Johnsen, Diane) (Entered: 08/05/2025)

NOTICE of Appearance by Addison W Bennett on behalf of Resolution Copper Mining LLC. (Bennett, Addison) (Entered: 08/05/2025)

NOTICE of Appearance by Samantha Jones Burke on behalf of Resolution Copper Mining LLC. (Burke, Samantha) (Entered: 08/05/2025)

RESPONSE in Opposition re: 15 MOTION for Preliminary Injunction Intervenor-Defendant Resolution Copper's Response in Opposition to Plaintiffs' Application for Preliminary Injunction filed by Resolution Copper Mining LLC. (Huston, Michael) (Entered: 08/05/2025)

Order AND ~Util - Set/Reset Hearings

Remark re Pro Hac Vice Motion

1 - Common Prompts (Text Only) AND Status Conference

Remark: Pro hac vice motion(s) granted for Miles Coleman on behalf of Plaintiffs Nomie Brown, Angela Kinsey, Gouyen Brown Lopez, Sinetta Lopez. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

NOTICE of Attorney Substitution by Miles Coleman. (Coleman, Miles) (Entered: 08/11/2025)

REPLY to Response to Motion re: 15 MOTION for Preliminary Injunction filed by Nomie Brown, Angela Kinsey, Gouyen Brown Lopez, Sinetta Lopez. (Attachments: # 1 Attachment : Second Declaration of Miles E. Coleman, # 2 Exhibit A: 86 Fed. Reg. 62202, # 3 Exhibit B: DOI letter to Sen. Sinema, # 4 Exhibit C: USGS copper data, # 5 Exhibit D: White House, copper imports, # 6 Exhibit E: Heinke et al., Geology & Exploration Progress at the Resolution Prophyry Cu-Mo Deposit, Arizona, # 7 Exhibit F: White House, mineral production, # 8 Exhibit G: White House, fact sheet, copper, # 9 Exhibit H Center for Science, comments)(Coleman, Miles) (Entered: 08/11/2025)

1 Attachment : Second Declaration of Miles E. Coleman

View on PACER

2 Exhibit A: 86 Fed. Reg. 62202

View on PACER

3 Exhibit B: DOI letter to Sen. Sinema

View on PACER

4 Exhibit C: USGS copper data

View on PACER

5 Exhibit D: White House, copper imports

View on PACER

6 Exhibit E: Heinke et al., Geology & Exploration Progress at the Resolution Prop

View on PACER

7 Exhibit F: White House, mineral production

View on PACER

8 Exhibit G: White House, fact sheet, copper

View on PACER

9 Exhibit H Center for Science, comments

View on PACER

MOTION for Extension of Time to File the Parties' Motions to Dismiss and Related Briefing by Nomie Brown, Angela Kinsey, Gouyen Brown Lopez, Sinetta Lopez. (Attachments: # 1 Proposed Order Granting Motion to Extend Briefing Schedule)(Coleman, Miles) (Entered: 08/13/2025)

ORDER - IT IS ORDERED that Plaintiffs' unopposed motion to set schedule (Doc. 41 ) is granted. Federal Defendants shall file their response to Plaintiffs' complaint within thirty days after the Court issues a ruling on Plaintiffs' motion for preliminary injunction. Any amended responsive pleading from Defendant-Intervenor Resolution Copper Mining, LLC shall be filed by the same deadline. Plaintiffs shall respond to the motion to dismiss filed by Defendant-Intervenor Resolution Copper Mining, LLC, as well as to any motion to dismiss filed by the Federal Defendants, within fourteen days of the filing of the Federal Defendants response to Plaintiffs' complaint. Ordered by Judge Dominic W Lanza on 8/14/25. (SLQ)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 08/14/2025)

Order on Motion for Extension of Time to File Document

Remark re Pro Hac Vice Motion

Remark: Pro hac vice motion(s) granted for Jeffrey Wald on behalf of Plaintiffs Nomie Brown, Angela Kinsey, Gouyen Brown Lopez, Sinetta Lopez. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Emergency MOTION for Preliminary Injunction Pending Appeal by Nomie Brown, Angela Kinsey, Gouyen Brown Lopez, Sinetta Lopez. (Coleman, Miles) (Entered: 08/15/2025)

NOTICE re: Expedited Consideration of the Emergency Motion for Injunction Pending Appeal by Nomie Brown, Angela Kinsey, Gouyen Brown Lopez, Sinetta Lopez re: 43 Emergency MOTION for Preliminary Injunction Pending Appeal . (Coleman, Miles) (Entered: 08/15/2025)

ORDER denying 43 Motion for Preliminary Injunction; denying 15 Motion for Preliminary Injunction. Signed by Judge Dominic W Lanza on August 17, 2025. (DWL)

NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re: 45 Order on Motion for Preliminary Injunction, by Nomie Brown, Angela Kinsey, Gouyen Brown Lopez, Sinetta Lopez. Filing fee received: $ 605.00, receipt number AAZDC-24627453. (Attachments: # 1 Attachment Representation Statement)(Coleman, Miles) (Entered: 08/17/2025)

1 Attachment Representation Statement

View on PACER

USCA Case Number re: 46 Notice of Interlocutory Appeal. Case number 25-5197, Ninth Circuit. (DXD) (Entered: 08/19/2025)

Joint MOTION to Stay by Defendants (Unopposed) by Brooke Rollins, Tom Schultz, United States Department of Agriculture, United States Forest Service, United States of America. (Attachments: # 1 Proposed Order)(Norman, Erika) (Entered: 09/05/2025)

ORDER - IT IS ORDERED that the unopposed motion (Doc. 48 ) is granted. This case is stayed in its entirety. Within fourteen days of a decision from the court of appeals on the pending injunction-pending-appeal motion, the parties shall submit a joint status report setting forth the parties' positionsor separate positions if the parties cannot agreeon further proceedings in this Court. Ordered by Judge Dominic W Lanza on 9/8/25. (SLQ)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 09/08/2025)

Order on Motion to Stay