Case: Environmental Defense Fund, Inc. v. Wright

Environmental Defense Fund, Inc. v. Wright et al.

President Donald Trump

COMPLAINT against All Defendants Filing fee: $ 405, receipt number AMADC-11171060 (Fee Status: Filing Fee paid), filed by Environmental Defense Fund, Inc., Union of Concerned Scientists. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Herzog, Megan) (Entered: 08/12/2025)

1 Category Form

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2 Civil Cover Sheet

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District Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING 7 Motion for Leave to Appear Pro Hac Vice Added Daniel F. Jacobson, John Robinson, and Lynn D. Eisenberg. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (MAC) (Entered: 08/13/2025)

ELECTRONIC NOTICE of Case Assignment. District Judge F. Dennis Saylor, IV assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (JAM) (Entered: 08/12/2025)

Summons Issued as to Climate Working Group, United States Department of Energy, United States Environmental Protection Agency, Christopher Wright, Lee Zeldin. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (MAC) (Entered: 08/12/2025)

NOTICE of Appearance by Megan M. Herzog on behalf of Environmental Defense Fund, Inc., Union of Concerned Scientists (Herzog, Megan) (Entered: 08/12/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Sean H. Donahue Filing fee: $ 125, receipt number AMADC-11172752 by Environmental Defense Fund, Inc., Union of Concerned Scientists. (Attachments: # 1 Exhibit PHV Certification)(Herzog, Megan) (Entered: 08/12/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Vickie L. Patton and Erin Murphy Filing fee: $ 250, receipt number AMADC-11172812 by Environmental Defense Fund, Inc.. (Attachments: # 1 Exhibit Patton PHV Certification, # 2 Exhibit Murphy PHV Certification)(Herzog, Megan) (Entered: 08/12/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Daniel F. Jacobson, John Robinson, and Lynn D. Eisenberg Filing fee: $ 375, receipt number AMADC-11172851 by Environmental Defense Fund, Inc., Union of Concerned Scientists. (Attachments: # 1 Exhibit Jacobson PHV Certification, # 2 Exhibit Robinson PHV Certification, # 3 Exhibit Eisenberg PHV Certification)(Herzog, Megan) (Entered: 08/12/2025)

District Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING 5 Motion for Leave to Appear Pro Hac Vice Added Sean H. Donahue. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (MAC) (Entered: 08/12/2025)

District Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING 6 Motion for Leave to Appear Pro Hac Vice Added Vickie L. Patton and Erin Murphy. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (MAC) (Entered: 08/12/2025)

Notice of Case Assignment

Order on Motion for Leave to Appear

NOTICE of Appearance by John Robinson on behalf of Environmental Defense Fund, Inc., Union of Concerned Scientists (Robinson, John) (Entered: 08/13/2025)

NOTICE of Appearance by Erin Murphy on behalf of Environmental Defense Fund, Inc. (Murphy, Erin) (Entered: 08/13/2025)

Order on Motion for Leave to Appear

District Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered. ORDER OF RECUSAL. Pursuant to 28 U.S.C. § 455(a), the undersigned judge hereby disqualifies himself from presiding over this proceeding. (MMM) (Entered: 08/14/2025)

ELECTRONIC NOTICE of Case Reassignment. Judge William G. Young assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (LBO) (Entered: 08/14/2025)

MOTION for Preliminary Injunction and a Stay, or, in the alternative, for Summary Judgment or Consolidation Under Rule 65(a)(2) by Environmental Defense Fund, Inc., Union of Concerned Scientists. (Attachments: # 1 Text of Proposed Order)(Robinson, John) (Entered: 08/14/2025)

1 Text of Proposed Order

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MEMORANDUM in Support re 15 MOTION for Preliminary Injunction and a Stay, or, in the alternative, for Summary Judgment or Consolidation Under Rule 65(a)(2) filed by Environmental Defense Fund, Inc., Union of Concerned Scientists. (Robinson, John) (Entered: 08/14/2025)

DECLARATION re 15 MOTION for Preliminary Injunction and a Stay, or, in the alternative, for Summary Judgment or Consolidation Under Rule 65(a)(2) (Declaration of John Robinson) by Environmental Defense Fund, Inc., Union of Concerned Scientists. (Attachments: # 1 Exhibit A - CWG Report, # 2 Exhibit B - Fisher Blog, # 3 Exhibit C - Christy Op Ed, # 4 Exhibit D - Spencer Blog, # 5 Exhibit E - Science Article, # 6 Exhibit F - Curry Blog, # 7 Exhibit G - Wired article, # 8 Exhibit H - Storrow article, # 9 Exhibit I - LinkedIn Post, # 10 Exhibit J - E&E Article, # 11 Exhibit K - CNN Article, # 12 Exhibit L - FOIA Response, # 13 Exhibit M - DOE Manual)(Robinson, John) (Entered: 08/14/2025)

1 Exhibit A - CWG Report

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2 Exhibit B - Fisher Blog

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3 Exhibit C - Christy Op Ed

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4 Exhibit D - Spencer Blog

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5 Exhibit E - Science Article

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6 Exhibit F - Curry Blog

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7 Exhibit G - Wired article

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8 Exhibit H - Storrow article

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9 Exhibit I - LinkedIn Post

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10 Exhibit J - E&E Article

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11 Exhibit K - CNN Article

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12 Exhibit L - FOIA Response

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13 Exhibit M - DOE Manual

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DECLARATION re 15 MOTION for Preliminary Injunction and a Stay, or, in the alternative, for Summary Judgment or Consolidation Under Rule 65(a)(2) (Declaration of Lisa Dilling) by Environmental Defense Fund, Inc., Union of Concerned Scientists. (Robinson, John) (Entered: 08/14/2025)

DECLARATION re 15 MOTION for Preliminary Injunction and a Stay, or, in the alternative, for Summary Judgment or Consolidation Under Rule 65(a)(2) (Declaration of Brenda Ekwurzel) by Environmental Defense Fund, Inc., Union of Concerned Scientists. (Robinson, John) (Entered: 08/14/2025)

DECLARATION re 15 MOTION for Preliminary Injunction and a Stay, or, in the alternative, for Summary Judgment or Consolidation Under Rule 65(a)(2) (Declaration of Dylan Brock) by Environmental Defense Fund, Inc., Union of Concerned Scientists. (Robinson, John) (Entered: 08/14/2025)

STATEMENT of facts re 15 MOTION for Preliminary Injunction and a Stay, or, in the alternative, for Summary Judgment or Consolidation Under Rule 65(a)(2) . (Robinson, John) (Entered: 08/14/2025)

MOTION to Expedite Briefing Schedule on Motion for Preliminary Injunction by Environmental Defense Fund, Inc., Union of Concerned Scientists. (Attachments: # 1 Text of Proposed Order)(Robinson, John) (Entered: 08/14/2025)

1 Text of Proposed Order

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AFFIDAVIT OF SERVICE Executed by Environmental Defense Fund, Inc., Union of Concerned Scientists. All Defendants. Acknowledgement filed by Environmental Defense Fund, Inc., Union of Concerned Scientists. (Robinson, John) (Entered: 08/14/2025)

Order Of Recusal

Notice of Case Assignment

ELECTRONIC NOTICE issued requesting SINGLE-SIDED PAPER courtesy copy for 19 Declaration, 21 Statement of facts, 15 MOTION for Preliminary Injunction and a Stay, or, in the alternative, for Summary Judgment or Consolidation Under Rule 65(a)(2), 18 Declaration, 20 Declaration, 17 Declaration,, 16 Memorandum in Support of Motion,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by Attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (MAP) (Entered: 08/15/2025)

NOTICE of Appearance by Andrew James Rising on behalf of Climate Working Group, United States Department of Energy, United States Environmental Protection Agency, Christopher Wright, Lee Zeldin (Rising, Andrew) (Entered: 08/15/2025)

Opposition re 22 MOTION to Expedite Briefing Schedule on Motion for Preliminary Injunction filed by Climate Working Group, United States Department of Energy, United States Environmental Protection Agency, Christopher Wright, Lee Zeldin. (Rising, Andrew) (Entered: 08/15/2025)

Notice requesting courtesy copy

REPLY to Response to 22 MOTION to Expedite Briefing Schedule on Motion for Preliminary Injunction filed by Environmental Defense Fund, Inc., Union of Concerned Scientists. (Robinson, John) (Entered: 08/18/2025)

Judge William G. Young: ELECTRONIC ORDER entered re 22 MOTION to Expedite Briefing Schedule on Motion for Preliminary Injunction by Environmental Defense Fund, Inc., Union of Concerned Scientists. Defendants' Opposition due September 4, 2025. Hearing date to be set. (KB) (Entered: 08/18/2025)

NOTICE of Appearance by Lynn D Eisenberg on behalf of Environmental Defense Fund, Inc., Union of Concerned Scientists (Eisenberg, Lynn) (Entered: 08/18/2025)

Order on Motion to Expedite

MOTION for Leave to File Amicus Brief by COMMONWEALTH OF MASSACHUSETTS. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Exhibit Proposed Order)(Field, Emily) (Entered: 08/29/2025)

1 Exhibit Proposed Amicus Brief

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2 Exhibit Proposed Order

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Amicus Curiae APPEARANCE entered by Emily Mitchell Field on behalf of Commonwealth of Massachusetts (Field, Emily) Modified on 9/2/2025 (MAP). (Entered: 08/29/2025)

Amicus Curiae APPEARANCE entered by Turner Smith on behalf of Commonwealth of Massachusetts (Smith, Turner) Modified on 9/2/2025 (MAP). (Entered: 08/29/2025)

NOTICE of Appearance by George W. Vien on behalf of American Free Enterprise Chamber of Commerce (Vien, George) (Entered: 09/02/2025)

NOTICE of Appearance by Pietro A. Conte on behalf of American Free Enterprise Chamber of Commerce (Conte, Pietro) (Entered: 09/02/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of James R. Conde Filing fee: $ 125, receipt number AMADC-11210660 by American Free Enterprise Chamber of Commerce. (Attachments: # 1 Exhibit A - Declaration of James R. Conde)(Conte, Pietro) (Entered: 09/02/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Michael Buschbacher Filing fee: $ 125, receipt number AMADC-11210786 by American Free Enterprise Chamber of Commerce. (Attachments: # 1 Exhibit A - Declaration of Michael Buschbacher)(Conte, Pietro) (Entered: 09/02/2025)

MOTION for Leave to File Brief as Amicus Curiae by American Free Enterprise Chamber of Commerce. (Attachments: # 1 Exhibit A - Proposed Amicus Brief)(Vien, George) (Entered: 09/02/2025)

Judge William G. Young: ELECTRONIC ORDER entered allowed 37 MOTION for Leave to File Brief as Amicus Curiae ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MAP) (Entered: 09/03/2025)

Judge William G. Young: ELECTRONIC ORDER entered granting 35 Motion for Leave to Appear Pro Hac Vice Added James R. Conde. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (MAP) (Entered: 09/03/2025)

Judge William G. Young: ELECTRONIC ORDER entered granting 36 Motion for Leave to Appear Pro Hac Vice Added Michael Buschbacher. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (MAP) (Entered: 09/03/2025)

AMICUS BRIEF filed by American Free Enterprise Chamber of Commerce . (Vien, George) (Entered: 09/03/2025)

ELECTRONIC NOTICE Setting Hearing on Motion 15 MOTION for Preliminary Injunction and a Stay, or, in the alternative, for Summary Judgment or Consolidation Under Rule 65(a)(2) : Motion Hearing set for 9/11/2025 02:00 PM in Courtroom 18 (In person with remote access provided) before Judge William G. Young. Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here. (KB) (Entered: 09/03/2025)

Order on Motion for Leave to Appear

Order on Motion for Leave to File Document

Notice Setting or Resetting Hearing on Motion

Opposition re 15 MOTION for Preliminary Injunction and a Stay, or, in the alternative, for Summary Judgment or Consolidation Under Rule 65(a)(2) filed by Climate Working Group, United States Department of Energy, United States Environmental Protection Agency, Christopher Wright, Lee Zeldin. (Rising, Andrew) (Entered: 09/04/2025)

DECLARATION re 43 Opposition to Motion, by Climate Working Group, United States Department of Energy, United States Environmental Protection Agency, Christopher Wright, Lee Zeldin. (Attachments: # 1 Exhibit 1)(Rising, Andrew) (Entered: 09/04/2025)

RESPONSE to 21 Statement of Material Facts L.R. 56.1 filed by Climate Working Group, United States Department of Energy, United States Environmental Protection Agency, Christopher Wright, Lee Zeldin. (Rising, Andrew) Modified on 9/5/2025 (MAP). (Entered: 09/04/2025)

MOTION to Dismiss for Lack of Jurisdiction as to the EPA Defendants, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to the EPA Defendants ( Responses due by 9/18/2025) by United States Environmental Protection Agency, Lee Zeldin. (Attachments: # 1 Text of Proposed Order)(Rising, Andrew) (Entered: 09/04/2025)

MEMORANDUM in Support re 46 MOTION to Dismiss for Lack of Jurisdiction as to the EPA Defendants MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to the EPA Defendants filed by Climate Working Group, United States Department of Energy, United States Environmental Protection Agency, Christopher Wright, Lee Zeldin. (Rising, Andrew) (Entered: 09/04/2025)

Amicus Curiae APPEARANCE entered by Michael B. Buschbacher on behalf of American Free Enterprise Chamber of Commerce. (Buschbacher, Michael) (Entered: 09/05/2025)

Amicus Curiae APPEARANCE entered by James R. Conde on behalf of American Free Enterprise Chamber of Commerce. (Conde, James) (Entered: 09/05/2025)

MOTION for Leave to File Reply in Support of Motion for Preliminary Injunction and a Stay, or, in the alternative, for Summary Judgment or Consolidation Under Rule 65(a)(2) by Environmental Defense Fund, Inc., Union of Concerned Scientists. (Attachments: # 1 Exhibit A - Proposed reply brief, # 2 Text of Proposed Order)(Robinson, John) (Entered: 09/10/2025)

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Opposition re 50 MOTION for Leave to File Reply in Support of Motion for Preliminary Injunction and a Stay, or, in the alternative, for Summary Judgment or Consolidation Under Rule 65(a)(2) filed by Climate Working Group, United States Department of Energy, United States Environmental Protection Agency, Christopher Wright, Lee Zeldin. (Rising, Andrew) (Entered: 09/10/2025)

NOTICE by Environmental Defense Fund, Inc., Union of Concerned Scientists Supplemental Fact (Attachments: # 1 Exhibit)(Eisenberg, Lynn) (Entered: 09/10/2025)

Electronic Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 9/11/2025 re 15 MOTION for Preliminary Injunction and a Stay, or, in the alternative, for Summary Judgment or Consolidation Under Rule 65(a)(2) filed by Union of Concerned Scientists, Environmental Defense Fund, Inc. Court hears argument on the motion. Court takes the motion under advisement. The Court sets a further hearing on the Motion to Dismiss for September 23, 2025 at 10:00am. (Court Reporter: Richard Romanow at rhr3tubas@aol.com.)(Attorneys present: John Robinson, Erin Murphy, Megan M. Herzog for plaintiffs and Andrew James Rising for defendants) (KB) (Entered: 09/12/2025)

ELECTRONIC NOTICE Setting Hearing on Motion 46 MOTION to Dismiss for Lack of Jurisdiction as to the EPA Defendants MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to the EPA Defendants. Motion Hearing set for 9/23/2025 10:00 AM in Courtroom 18 (In person with remote access provided) before Judge William G. Young. Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here. Motion Hearing set for 9/23/2025 10:00 AM in Courtroom 18 (In person with remote access provided) before Judge William G. Young. (KB) (Entered: 09/12/2025)

Notice Setting or Resetting Hearing on Motion

1 - Terminate Hearings AND Motion Hearing AND ~Util - Set Hearings

NOTICE by Environmental Defense Fund, Inc., Union of Concerned Scientists of outcome of further discussions among the parties (Robinson, John) (Entered: 09/15/2025)

Response by Climate Working Group, United States Department of Energy, United States Environmental Protection Agency, Christopher Wright, Lee Zeldin to 55 Notice (Other) . (Rising, Andrew) (Entered: 09/15/2025)

Judge William G. Young: ORDER entered. (Sonnenberg, Elizabeth)

Opposition re 46 MOTION to Dismiss for Lack of Jurisdiction as to the EPA Defendants MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to the EPA Defendants filed by Environmental Defense Fund, Inc., Union of Concerned Scientists. (Robinson, John) (Entered: 09/18/2025)

NOTICE of Appearance by Daniel F. Jacobson on behalf of Environmental Defense Fund, Inc., Union of Concerned Scientists (Jacobson, Daniel) (Entered: 09/21/2025)

ELECTRONIC NOTICE Cancelling Hearing. The Court is unavailable to conduct the Motion hearing on 9/23/2025. Accordingly, the hearing is cancelled and will be rescheduled at a date to be determined. (KB) (Entered: 09/22/2025)

Notice Cancelling Hearing

Transcript of Motion Hearing held on September 11, 2025, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at rhr3tubas@aol.com. Redaction Request due 10/23/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/31/2025. (DRK) (Entered: 10/02/2025)

Transcript of Motion Hearing held on September 11, 2025, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at rhr3tubas@aol.com. Redaction Request due 10/23/2025. Redacted Transcript Deadline set for 11/3/2025. Release of Transcript Restriction set for 12/31/2025. (DRK) (Entered: 10/02/2025)

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (DRK) (Entered: 10/02/2025)

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (DRK) (Entered: 10/02/2025)

Notice of Filing of Official Transcript

Notice of Filing of Official Transcript

AFFIDAVIT OF SERVICE Executed by Union of Concerned Scientists, Environmental Defense Fund, Inc.. All Defendants. Acknowledgement filed by Union of Concerned Scientists, Environmental Defense Fund, Inc.. (Robinson, John) (Entered: 10/08/2025)