Save the Colorado et al v. Semonite et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Christine M. Arguello
Civil Action No. 18-cv-03258-CMA
SAVE THE COLORADO,
THE ENVIRONMENTAL GROUP,
WILDEARTH GUARDIANS,
LIVING RIVERS,
WATERKEEPER ALLIANCE, and
SIERRA CLUB,
Petitioners,
v.
LIEUTENANT GENERAL SCOTT A. SPELLMON, in his official capacity as the Chief of
the U.S. Army Corps of Engineers,
DEBRA HAALAND, in her official capacity as Secretary of the Interior, and
MARTHA WILLIAMS, in her official capacity as Director of the U.S. Fish and Wildlife
Service,
Respondents, and
CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF
WATER COMMISSIONERS,
Respondent-Intervenor.
ORDER
This case is before the Court on the Remand and Mandate from the United
States Court of Appeals for the Tenth Circuit (Docs. ## 77–78), which reversed the
Court’s grant of Respondent-Intervenor City and County of Denver’s and Federal
Defendants’ Motions to Dismiss for Lack of Jurisdiction (Docs. ## 47, 49, 49-1).
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The Tenth Circuit stated that “the district court shouldn’t have dismissed the
petition for lack of subject-matter jurisdiction.” (Doc. # 77-1 at 36.) The Court of Appeals
thus “reverse[d] and remand[ed] for further proceedings in accordance with this
opinion.” (Id.)
Accordingly, the Court ORDERS as follows:
• 	Respondent-Intervenor’s Motion to Dismiss Under Fed. R. Civ. P. 12(b)(1) (Docs.
## 47, 49) and Federal Defendants’ Motion to Dismiss for Lack of Jurisdiction
(Docs. ## 49, 49-1) are DENIED; and
• 	The Parties are DIRECTED to file a proposed Joint Case Management Plan
using the form referenced in D.C.COLO.LAPR 16.1, and shall submit a copy of
the proposed Joint Case Management plan in an editable format (Microsoft Word
or WordPerfect) to Arguello_Chambers@cod.uscourts.gov by December 30,
2022.
DATED: November 30, 2022
BY THE COURT:
_____________________________
CHRISTINE M. ARGUELLO
Senior United States District Judge
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