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High Country Citizens'alliance v. United States Forest Service

United States District Court, Tenth Circuit

January 22, 2014

HIGH COUNTRY CITIZENS' ALLIANCE, WILDEARTH GUARDIANS, and SIERRA CLUB, Plaintiffs,
v.
UNITED STATES FOREST SERVICE, BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR, DANIEL JIRÓN, in his official capacity as Regional Forester for the U.S. Forest Service's Rocky Mountain Region, SCOTT ARMENTROUT, in his official capacity as Supervisor of the Grand Mesa, Uncompahgre, and Gunnison National Forests, and HELEN HANKINS, in her official capacity as the Bureau of Land Management's Colorado State Office Director Defendants, and ARK LAND COMPANY, INC., and MOUNTAIN COAL COMPANY, L.L.C., Intervenor-Defendants.

ROBERT G. DREHER, Acting Assistant Attorney General, Environment & Natural Resources Division, JOHN S. MOST, Natural Resources Section, United States Department of Justice, Washington, D.C., ATTORNEYS FOR THE FEDERAL DEFENDANTS.

EDWARD B. ZUKOSKI, Earthjustice, Denver, CO, ATTORNEY FOR PLAINTIFFS HIGH COUNTRYCITIZENS' ALLIANCE, WILDEARTH GUARDIANS, AND SIERRA CLUB.

MICHAEL R. DRYSDALE, Dorsey & Whitney LLP, Minneapolis, MN, SCOTT P. SINOR, Dorsey & Whitney LLP, Denver, CO, ATTORNEYS FOR INTERVENOR DEFENDANTS ARK LAND COMPANY, INC. AND MOUNTAIN COAL COMPANY L.L.C.

FIRST AMENDED JOINT CASE MANAGEMENT PLAN

JOHN L. KANE, Senior District Judge.

2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION

The Court has jurisdiction based on the presentation of a federal question, 28 U.S.C. § 1331.

Anticipated jurisdictional defenses: Respondents and/or Intervenor-Defendants may assert that Plaintiffs lack standing to assert some or all of the claims in the Second Amended Complaint.

3. DATES OF FILING OF RELEVANT PLEADINGS

A. Date Petition for Review Was Filed: July 2, 2013, amended July 5, 2013 and July 24, 2013
B. Date Petition for Review Was Served on U.S. Attorney's Office: July 3, 2013
C. Date Answer or Other Response Was Filed: For Intervenor-Defendants, July 10, 2013. Federal Defendants' filed their answer to the Second Amended Complaint on September 3, 2013. Intervenor-Defendants filed their answer to the Second Amended Complaint on September 4, 2013.

4. STATEMENT(S) REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES

None.

5. OTHER ...


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