Opinion
Civil Action 18-cv-03258-CMA
11-30-2022
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
CHRISTINE M. ARGUELLO Senior United States District Judge
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).
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.