25-1299
08/05/2025
Open
Environmental and Natural Resource - Environment
Petitioners
SIERRA CLUB
WATERKEEPER ALLIANCE
LIVING RIVERS, a nonprofit corporation
WILDEARTH GUARDIANS, a nonprofit corporation
THE ENVIRONMENTAL GROUP, a Colorado nonprofit corporation
SAVE THE COLORADO, a Colorado nonprofit corporation
Respondents
MARTHA WILLIAMS, in her official capacity as Director of the U.S. Fish and Wildlife Service
DOUG BURGUM, in his official capacity as Secretary of the Interior
LIEUTENANT GENERAL WILLIAM H. GRAHAM, in his official capacity as Chief of Engineers of the U.S. Army Corps of Engineers
Intervenor
CITY AND COUNTY OF DENVER, acting by and through its Board of Water Commissioners
Petitioner Attorneys
Elizabeth L. Lewis
William Stewart Eubanks II
Matthew Ryan Arnold
Respondent Attorneys
Zoe Palenik
Michael Eitel
Sara E. Costello
Intervenor Attorneys
David Chung
Jessica Brody
Amanda Shafer Berman
Daniel John Arnold
Main Document
General Docket Letter - Counsel - Civil
(#3) [11205356] Entry of appearance filed by Kyle Glynn for Martha Williams, William H. Graham and Doug Burgum. CERT. OF INTERESTED PARTIES: n. Served on 08/13/2025. Manner of Service: email [25-1299] [Entered: 08/13/2025 03:46 PM]
(#5) [11206390] Rule 26 Disclosure Statement filed by City and County of Denver. More than 50 parties disclosed: no. Served on 08/18/2025. Manner of Service: email. [25-1299] ASB [Entered: 08/18/2025 03:37 PM]
(#6) [11206414] Entry of appearance filed by Ms. Amanda Shafer Berman and Ms. Tara Derbisz for City and County of Denver. CERT. OF INTERESTED PARTIES: n. Served on 08/18/2025. Manner of Service: email. [25-1299] [Entered: 08/18/2025 03:55 PM]
(#7) [11206420] Notice filed that the transcript is already on file in the district court filed by Doug Burgum, William H. Graham and Martha Williams. Served on: 08/18/2025. Manner of Service: email. [25-1299] KG [Entered: 08/18/2025 04:04 PM]
(#10) [11206569] Entry of appearance filed by Ms. Jessica Brody and Crystal Jennifer Easom for City and County of Denver. CERT. OF INTERESTED PARTIES: y. Served on 08/19/2025. Manner of Service: email [25-1299] [Entered: 08/19/2025 09:37 AM]
No Description Available
(#12) [11206727] Docketing statement filed by Doug Burgum, William H. Graham and Martha Williams. Served on 08/19/2025. Manner of Service: email. [25-1299] KG [Entered: 08/19/2025 01:01 PM]
(#13) [11207033] Deficiency notice issued. Type of deficiency: Appellees have not filed the disclosure statement or notice of appearances. Disclosure statement and notice of appearances are now due on 08/25/2025 for Living Rivers, Save The Colorado, Sierra Club, The Environmental Group and Waterkeeper Alliance. [25-1299] [Entered: 08/20/2025 11:02 AM]
(#14) [11207363] Order filed by Clerk of the Court. This matter is before the court upon review of the docketing statement. In light of the possibility for procedural consolidation, the court vacates the individual deadline for Federal Appellats' opening brief and appendix and briefing is tolled pending furhter order of this court. See attached order. Served on 08/21/2025. [25-1299] [Entered: 08/21/2025 09:25 AM]
(#16) [11207717] Rule 26 Disclosure Statement filed by Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance and WildEarth Guardians. More than 50 parties disclosed: no. Served on 08/22/2025. Manner of Service: email. [25-1299] WSE [Entered: 08/22/2025 08:37 AM]
(#17) [11207739] Entry of appearance filed by Mr. Matthew Ryan and Mr. William Stewart Eubanks, II, for Sierra Club, WildEarth Guardians, Waterkeeper Alliance, Save The Colorado, Living Rivers and The Environmental Group. CERT. OF INTERESTED PARTIES: n. Served on 08/22/2025. Manner of Service: email. [25-1299] [Entered: 08/22/2025 09:21 AM]
(#18) [11213403] Response filed by Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance and WildEarth Guardians in 25-1231, 25-1137, 25-1299 to Court's June 25, 2025 Order and Denver Water's July 23, 2025 Response. Served on 09/10/2025. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1231, 25-1137, 25-1299] WSE [Entered: 09/10/2025 06:07 PM]
(#19) [11215005] Order filed by Clerk of the Court. These matters are now before the court on completion of the jurisdictional briefing in 25-1231 and receipt and initial review of the docketing statements and preliminary record in all three appeals. Upon consideration, the court lifts the abatement of 25-1137, lifts the toll on briefing in 25-1231 & 25-1299. Refers the jusidictional issue in 25-1231 to the panel of judges who will later be assigned to consider its merits. The court procdurally consolidates all three appeals. [ # 11192236-2 ] Appellants brief and joint appendix due on 10/27/2025 for City and County of Denver, Doug Burgum, William H. Graham and Martha Williams. See order for details. Served on 09/16/2025. [25-1231, 25-1137, 25-1299]--[Edited 09/16/2025 by LG to resend NDA to add the district court judge and clerk] [Entered: 09/16/2025 04:18 PM]
(#20) [11217237] Motion filed by Appellees Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance and WildEarth Guardians in 25-1137, 25-1231, 25-1299, (Also filed, with permission, on behalf of Federal Respondents-Appellees and Intervenor-Appellee Denver Water, as a joint motion) to defer filing the appendix until 01/14/2026. Served on: 09/24/2025. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1137, 25-1231, 25-1299] WSE [Entered: 09/24/2025 05:08 PM]
(#21) [11217327] Order filed by Clerk of the Court granting parties' joint motion to defer the joint appendix to be filed after briefing is complete. Please see order for additional information. The court vacates the deadline previously set for the joint appendix. Served on 09/25/2025. [25-1137, 25-1231, 25-1299] [Entered: 09/25/2025 09:32 AM]
Docket(#21) [11217327] Order filed by Clerk of the Court granting parties' joint motion to defer the joint appendix to be filed after briefing is complete. Please see order for additional information. The court vacates the deadline previously set for the joint appendix. Served on 09/25/2025. [25-1137, 25-1231, 25-1299] [Entered: 09/25/2025 09:32 AM]
[-] Read LessDocket(#20) [11217237] Motion filed by Appellees Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance and WildEarth Guardians in 25-1137, 25-1231, 25-1299, (Also filed, with permission, on behalf of Federal Respondents-Appellees and Intervenor-Appellee Denver Water, as a joint motion) to defer filing the appendix until 01/14/2026. Served on: 09/24/2025. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1137, 25-1231, 25-1299] WSE [Entered: 09/24/2025 05:08 PM]
[-] Read LessDocket(#19) [11215005] Order filed by Clerk of the Court. These matters are now before the court on completion of the jurisdictional briefing in 25-1231 and receipt and initial review of the docketing statements and preliminary record in all three appeals. Upon consideration, the court lifts the abatement of 25-1137, lifts the toll on briefing in 25-1231 & 25-1299. Refers the jusidictional issue in 25-1231 to the panel of judges who will later be assigned to consider its merits. The court procdurally consolidates all three appeals. [ # 11192236-2 ] Appellants brief and joint appendix due on 10/27/2025 for City and County of Denver, Doug Burgum, William H. Graham and Martha Williams. See order for details. Served on 09/16/2025. [25-1231, 25-1137, 25-1299]--[Edited 09/16/2025 by LG to resend NDA to add the district court judge and clerk] [Entered: 09/16/2025 04:18 PM]
[-] Read LessDocket(#18) [11213403] Response filed by Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance and WildEarth Guardians in 25-1231, 25-1137, 25-1299 to Court's June 25, 2025 Order and Denver Water's July 23, 2025 Response. Served on 09/10/2025. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1231, 25-1137, 25-1299] WSE [Entered: 09/10/2025 06:07 PM]
[-] Read LessDocket(#17) [11207739] Entry of appearance filed by Mr. Matthew Ryan and Mr. William Stewart Eubanks, II, for Sierra Club, WildEarth Guardians, Waterkeeper Alliance, Save The Colorado, Living Rivers and The Environmental Group. CERT. OF INTERESTED PARTIES: n. Served on 08/22/2025. Manner of Service: email. [25-1299] [Entered: 08/22/2025 09:21 AM]
[-] Read LessDocket(#16) [11207717] Rule 26 Disclosure Statement filed by Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance and WildEarth Guardians. More than 50 parties disclosed: no. Served on 08/22/2025. Manner of Service: email. [25-1299] WSE [Entered: 08/22/2025 08:37 AM]
[-] Read LessDocket(#15) [11207716] Entry of appearance submitted by William S. Eubanks II and Matthew R. Arnold for Appellees Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance and WildEarth Guardians for court review. Certificate of Interested Parties: No. Served on 08/22/2025. Manner of Service: email. [25-1299]--[Edited 08/22/2025 by KLP to delete the attachment; entry filed.] WSE [Entered: 08/22/2025 08:36 AM]
[-] Read LessDocket(#14) [11207363] Order filed by Clerk of the Court. This matter is before the court upon review of the docketing statement. In light of the possibility for procedural consolidation, the court vacates the individual deadline for Federal Appellats' opening brief and appendix and briefing is tolled pending furhter order of this court. See attached order. Served on 08/21/2025. [25-1299] [Entered: 08/21/2025 09:25 AM]
[-] Read LessDocket(#13) [11207033] Deficiency notice issued. Type of deficiency: Appellees have not filed the disclosure statement or notice of appearances. Disclosure statement and notice of appearances are now due on 08/25/2025 for Living Rivers, Save The Colorado, Sierra Club, The Environmental Group and Waterkeeper Alliance. [25-1299] [Entered: 08/20/2025 11:02 AM]
[-] Read LessDocket(#12) [11206727] Docketing statement filed by Doug Burgum, William H. Graham and Martha Williams. Served on 08/19/2025. Manner of Service: email. [25-1299] KG [Entered: 08/19/2025 01:01 PM]
[-] Read LessDocket(#10) [11206569] Entry of appearance filed by Ms. Jessica Brody and Crystal Jennifer Easom for City and County of Denver. CERT. OF INTERESTED PARTIES: y. Served on 08/19/2025. Manner of Service: email [25-1299] [Entered: 08/19/2025 09:37 AM]
[-] Read LessDocket(#9) [11206553] Entry of appearance submitted by Jessica Brody and Crystal J. Easom for Not Party City and County of Denver for court review. Certificate of Interested Parties: Yes. Served on 08/19/2025. Manner of Service: email. [25-1299]--[Edited 08/19/2025 by LG to remove PDF from entry, as pleading was filed on 8/19/2025] JB [Entered: 08/19/2025 08:58 AM]
[-] Read LessDocket(#8) [11206495] Minute order filed - Notice due that record is complete by 08/22/2025 for Jeffrey P. Colwell, Clerk of Court (oclk). (Text Only - No Attachment) [25-1299] [Entered: 08/19/2025 07:45 AM]
[-] Read LessDocket(#7) [11206420] Notice filed that the transcript is already on file in the district court filed by Doug Burgum, William H. Graham and Martha Williams. Served on: 08/18/2025. Manner of Service: email. [25-1299] KG [Entered: 08/18/2025 04:04 PM]
[-] Read LessDocket(#6) [11206414] Entry of appearance filed by Ms. Amanda Shafer Berman and Ms. Tara Derbisz for City and County of Denver. CERT. OF INTERESTED PARTIES: n. Served on 08/18/2025. Manner of Service: email. [25-1299] [Entered: 08/18/2025 03:55 PM]
[-] Read LessDocket(#5) [11206390] Rule 26 Disclosure Statement filed by City and County of Denver. More than 50 parties disclosed: no. Served on 08/18/2025. Manner of Service: email. [25-1299] ASB [Entered: 08/18/2025 03:37 PM]
[-] Read LessDocket(#4) [11206388] Entry of appearance submitted by Amanda Shafer Berman; Tara M. Derbisz for Not Party City and County of Denver for court review. Certificate of Interested Parties: No. Served on 08/18/2025. Manner of Service: email. [25-1299]--[Edited 08/18/2025 by KLP to delete the attachment; entry filed.] ASB [Entered: 08/18/2025 03:36 PM]
[-] Read LessDocket(#3) [11205356] Entry of appearance filed by Kyle Glynn for Martha Williams, William H. Graham and Doug Burgum. CERT. OF INTERESTED PARTIES: n. Served on 08/13/2025. Manner of Service: email [25-1299] [Entered: 08/13/2025 03:46 PM]
[-] Read LessDocket(#2) [11205298] Entry of appearance submitted by Kyle Glynn for Appellants Doug Burgum, William H. Graham and Martha Williams for court review. Certificate of Interested Parties: No. Served on 08/13/2025. Manner of Service: email. [25-1299]--[Edited 08/13/2025 by JM PDF removed filed.] KG [Entered: 08/13/2025 02:40 PM]
[-] Read LessDocket(#1) [11202947] Civil case docketed. Preliminary record filed. DATE RECEIVED: 08/04/2025 Docketing statement due 08/19/2025 for Doug Burgum, William H. Graham and Martha Williams. Transcript order form due 08/19/2025 for Doug Burgum, William H. Graham and Martha Williams. Notice of appearance due on 08/19/2025 for Doug Burgum, William H. Graham, Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance, WildEarth Guardians and Martha Williams. Disclosure statement due on 08/19/2025 for Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance and WildEarth Guardians. [25-1299] [Entered: 08/05/2025 12:46 PM]
[-] Read Less