ROCKY MOUNTAIN FARMERS UNION v. GOLDSTENE

Lead Case No. 1:09-cv-2234-LJO-BAM, Consolidated with Case No. 1:10-cv-163-LJO-BAM.

ROCKY MOUNTAIN FARMERS UNION, et al., Plaintiffs, v. JAMES N. GOLDSTENE, in his official capacity as Executive Officer of the California Air Resources Board, Defendant. NATIONAL PETROCHEMICAL & REFINERS ASSOC., et al., Plaintiffs, v. JAMES N. GOLDSTENE, in his official capacity as Executive Officer of the California Air Resources Board, et al., Defendants.

United States District Court, E.D. California.

October 29, 2014.


Attorney(s) appearing for the Case

Rocky Mountain Farmers Union, Plaintiff, represented by John P. Kinsey , Wanger Jones Helsley PC & Timothy Jones , Wanger Jones Helsley PC.

Redwood County Minnesota Corn and Soybeans Growers, Plaintiff, represented by John P. Kinsey , Wanger Jones Helsley PC & Timothy Jones , Wanger Jones Helsley PC.

Penny Newman Grain, Inc., Plaintiff, represented by John P. Kinsey , Wanger Jones Helsley PC & Timothy Jones , Wanger Jones Helsley PC.

Growth Energy, Plaintiff, represented by John P. Kinsey , Wanger Jones Helsley PC, John C. O'Quinn , Kirkland and Ellis LLP, Stuart A C Drake , Kirkland and Ellis LLP & Timothy Jones , Wanger Jones Helsley PC.

Renewable Fuels Association, Plaintiff, represented by Charles H. Knauss , Katten Muchin Rosenman LLP, Daniel E. Lipton , Katten Muchin Rosenman LLP, Howard R. Rubin , Katten Muchin Rosenman LLP, John P. Kinsey , Wanger Jones Helsley PC, Robert T. Smith , Katten Muchin Rosenman LLP, Shannon Suzanne Broome , Katten Muchin Rosenman LLP & Timothy Jones , Wanger Jones Helsley PC.

Rex Nederend, Plaintiff, represented by John P. Kinsey , Wanger Jones Helsley PC & Timothy Jones , Wanger Jones Helsley PC.

Fresno County Farm Bureau, Plaintiff, represented by John P. Kinsey , Wanger Jones Helsley PC & Timothy Jones , Wanger Jones Helsley PC.

Nisei Farmers League, Plaintiff, represented by John P. Kinsey , Wanger Jones Helsley PC & Timothy Jones , Wanger Jones Helsley PC.

California Dairy Campaign, Plaintiff, represented by John P. Kinsey , Wanger Jones Helsley PC & Timothy Jones , Wanger Jones Helsley PC.

National Petrochemical & Refiners Association, Plaintiff, represented by Marie L Fiala , Sidley Austin LLP, Paul J. Zidlicky , Sidley Austin LLP & Roger R. Martella , Sidley Austin LLP.

American Trucking Associations, Plaintiff, represented by Marie L Fiala , Sidley Austin LLP, Paul J. Zidlicky , Sidley Austin LLP & Roger R. Martella , Sidley Austin LLP.

Center for North American Energy Security, Plaintiff, represented by Marie L Fiala , Sidley Austin LLP, Paul J. Zidlicky , Sidley Austin LLP & Roger R. Martella , Sidley Austin LLP.

The Consumer Energy Alliance, Plaintiff, represented by Marie L Fiala , Sidley Austin LLP, Paul J. Zidlicky , Sidley Austin LLP & Roger R. Martella , Sidley Austin LLP.

American Fuels & Petrochemical Manufacturers Association fka National Petroleum & Refiners Association, American Fuels & Petrochemical Manufacturers Association fka National Petrochemical & Refiners Association, Plaintiff, represented by Roger R. Martella , Sidley Austin LLP.

James N. Goldstene, In his official capacity as Executive Officer of the California Air Resources Board, Defendant, represented by Mark William Poole , California Department of Justice, Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General & Margaret Elaine Meckenstock , Office of the Attorney General.

Environmental Defense Fund, Defendant, represented by Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General, Mark William Poole , California Department of Justice, Sean H. Donahue , Donahue & Goldberg, Llp, Timothy Joseph O'Connor , Environmental Defense Fund & Margaret Elaine Meckenstock , Office of the Attorney General.

Mary D. Nichols, Defendant, represented by Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General, Mark William Poole , California Department of Justice & Margaret Elaine Meckenstock , Office of the Attorney General.

Daniel Sperling, Defendant, represented by Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General, Mark William Poole , California Department of Justice & Margaret Elaine Meckenstock , Office of the Attorney General.

Ken Yeager, Defendant, represented by Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General, Mark William Poole , California Department of Justice & Margaret Elaine Meckenstock , Office of the Attorney General.

Dorene D'Adamo, Defendant, represented by Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General, Mark William Poole , California Department of Justice & Margaret Elaine Meckenstock , Office of the Attorney General.

Barbara Riordan, Defendant, represented by Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General, Mark William Poole , California Department of Justice & Margaret Elaine Meckenstock , Office of the Attorney General.

John R. Balmes, Defendant, represented by Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General, Mark William Poole , California Department of Justice & Margaret Elaine Meckenstock , Office of the Attorney General.

Lydia H. Kennard, Defendant, represented by Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General, Mark William Poole , California Department of Justice & Margaret Elaine Meckenstock , Office of the Attorney General.

Sandra Berg, Defendant, represented by Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General, Mark William Poole , California Department of Justice & Margaret Elaine Meckenstock , Office of the Attorney General.

Ron Roberts, Defendant, represented by Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General, Mark William Poole , California Department of Justice & Margaret Elaine Meckenstock , Office of the Attorney General.

John G. Telles, in his official capacity as member of the California Air Resources Board, Defendant, represented by Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General, Mark William Poole , California Department of Justice & Margaret Elaine Meckenstock , Office of the Attorney General.

Ronald O. Loveridge, in his official capacity as member of the California Air Resources Board, Defendant, represented by Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General, Mark William Poole , California Department of Justice & Margaret Elaine Meckenstock , Office of the Attorney General.

Arnold Schwarzenegger, in his official capacity as Governor of the State of California, Defendant, represented by Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General, Mark William Poole , California Department of Justice & Margaret Elaine Meckenstock , Office of the Attorney General.

Edmond G. Brown, Jr., in his official capacity as Attorney General of the State of California, Defendant, represented by Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General, Mark William Poole , California Department of Justice & Margaret Elaine Meckenstock , Office of the Attorney General.

Natural Resources Defense Council, Inc., Intervenor Defendant, represented by Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General, Mark William Poole , California Department of Justice, Nancy S. Marks , Natural Resources Defense Council, Inc., Vivian H. Wang , Feldman McLaughlin Thiel LLP & Margaret Elaine Meckenstock , Office of the Attorney General.

Sierra Club, Intervenor Defendant, represented by David Pettit , Natural Resources Defense Council, Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General, Mark William Poole , California Department of Justice, Patrick Gallagher , Sierra Club Environmental Law Program, Devorah Ancel , Sierra Club Environmental Law Program & Margaret Elaine Meckenstock , Office of the Attorney General.

Conservation Law Foundation, Intervenor Defendant, represented by David Pettit , Natural Resources Defense Council, Gavin Geraghty McCabe , California Dept. Of Justice, Office Of Attorney General, Jennifer K. Rushlow , Conservation Law Foundation, Mark William Poole , California Department of Justice, Margaret Elaine Meckenstock , Office of the Attorney General & Sean H. Donahue , Donahue & Goldberg, Llp.

State of Oregon, Amicus, represented by Seth Throop Karpinski , Oregon Department of Justice.

Brazillian Sugar Cane Industry Association (UNICA), Amicus, represented by Allison Rumsey , Arnold & Porter Llp, Jonathan Martel , Arnold & Porter Llp & Rachel Lena Chanin , Arnold & Porter LLP.

Oregon Petroleum Association, Amicus, represented by John Stuart Poulos , Lewis Brisbois Bisgaard & Smith & Thomas C. Sand , Miller Nash LLP.

State of Nebraska, Amicus, represented by John P. Kinsey , Wanger Jones Helsley PC & Kevin L. Griess , Nebraska Attorney General's Office.

Clean Energy Fuels, Inc., Amicus, represented by Robert Lenz Meylan , Meylan Davitt Jain & Arevian LLP.


ORDER FOR SUPPLEMENTAL BRIEFING

LAWRENCE J. O'NEILL, District Judge.

This case is on remand from the United States Court of Appeals for the Ninth Circuit ("the Ninth Circuit"). Rocky Mountain Farmers Union v. Goldstene, 730 F.3d 1070 (9th Cir. 2013), reh'g denied, Rocky Mountain Farmers Union v. Corey, 740 F.3d 507 (9th Cir. 2014) ("RMFU"). Currently pending...

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