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Environmental Matters | South Carolina
Order Dismissing Case
ORDER The Court rules as follows: A. This action is hereby dismissed without prejudice. B. Plaintiffs may petition this Court to reopen this action and restore it to the calendar at any time within the next 60 days should there be any effort to initiate seismic testing that was previously under challenge in this litigation. FED. R. CIV. P. 60(b)(6). C. Should no motion be made by Plaintiffs to reopen this action and restore it to the calendar within 60 days of this Order, the dismissal of this action without prejudice shall be final. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/6/2020. (sshe, )
Order
ORDER The Court directs the Defendants and their counsel, the United States Department of Justice, to advise the Court within 10 days of this Order whether the President's Memorandum alters in any way the Government's proposed plan to proceed with seismic testing by the five companies with pending applications before the BOEM and the Department of Interior and/or the Incidental Harassment Authorizations previously issued by NMFS and the Department of Commerce relating to these proposed surveys. If the answer is anything but an unqualified "no," the Court directs the Defendants and their counsel to set forth in detail the impact of the President's Memorandum on planned efforts for seismic testing off the East Coast of the United States. See Order for All Details. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 9/10/2020. (Attachments: # 1 Executive Order, # 2 Presidential Memorandum)(sshe, )
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