Case Details
Case Number 02-0001 LRC
Case Type DNR Recommended
Case Name In re Holcim (US) Inc.
Commissioner z Christopher Graham
Case Status Archived
Date Created 2002-09-17 07:49:47
Date Closed 2003-06-12 00:00:00
Case Appointments
Type Location Attendees Subject Status Begin End
Hearing Set for Graham, C 02-0001 LRC In re Holcim (US) Inc. 2003-02-19 09:00:00 2003-02-21 17:00:00
Hearing Set for Graham, C 02-0001 LRC In re Holcim (US) Inc. 2003-02-11 09:00:00 2003-02-13 17:00:00
Hearing Set for Graham, C 02-0001LRC In re Holcim, Inc., Permit Application No. 0858 vs 2002-10-28 10:00:00 2002-10-28 10:01:00
Pre Hearing Conference Set for Graham, C 02-0001LRC In re Holcim, Inc., Permit Application No. 0858 vs 2002-10-28 10:00:00 2002-10-28 10:01:00
Correspondence
Reason Comments Date Sent Documents
Order Issued granting Holcim s motion to compel Gonterman to answer discovery/ sh 2003-01-07 00:00:00
Order Issued Stage: Order Issuedgranting Janet and Russell Miller s motion to withdraw as parties/ sh 2002-12-06 00:00:00
Order Issued Stage: Order Issuedgranting James & Nancy Tinnin s motion to withdraw as parties/ sh 2002-12-05 00:00:00
Order Issued Stage: Order Issuedgranting Kenneth Foerstel s and Nancy Havicon s motion to withdraw as parties/ sh 2002-12-17 00:00:00
Order Issued denying Holcim s motions to dismiss - granting Ozark Chapter s motion to amend request for party status/ sh 2002-11-26 00:00:00
Order Issued granting Ozark Chapter of Sierra Club s request for party status - dismissing Margaret P. Gilleo and Charles J. Guenther, Jr. as parties/ sh 2002-10-10 00:00:00
Objection Letter to Resp sent - ROBDU Stage: ROBDUObj due 1/2/03 to Motion to Extend Certain Pre-Hearing Schedule Deadlines/ sh 2002-12-17 00:00:00
Closed-Recommended Decision - DNR-LRC sh 2003-06-12 00:00:00
Order Issued Stage: Order IssuedMaxine Lipeles motion for extension of time is moot/ sh 2003-04-16 00:00:00
Briefing Schedule mailed Stage: Briefing Schedule mailedSimultaneous briefs due 4/30/03 - simultaneous replies due 5/15/03 sh 2003-04-10 00:00:00
Order Issued denying Organizations motion to compel Holcim to pay for video conferencing/ sh 2003-02-14 00:00:00
Order Issued denying Holcim s motion to dismiss organizations - granting Holcim s motion in limine on burden of proof, motion in limine to restrict hearing to quarry, and motion in limine to exclude organizations noncompliance evidence; reserving ruling on motion in limine to exclude environmental studies and other irrelevant evidence/ sh 2003-02-14 00:00:00
Order Issued dismissing Bill Gonterman as a party/ sh 2003-01-24 00:00:00
Hearing Continuance Granted Order mailed Stage: Upon Commission's own MotionFEBRUARY 11, 12, 13, 2003 HEARING CONTINUED/ORDER ISSUED. Reschedule 9:00 AM, Wednesday, February 19, 2003 thru Friday, February 21, 2003 CG/AHC, three days rb. 2002-11-21 00:00:00
Transcript Letter to Pet Non-State Party Stage: Transcript Letter to Non State Party 2003-04-09 00:00:00
Transcript Letter to Pet Non-State Party Stage: Transcript Letter to Non State Party 2003-04-09 00:00:00
Objection Letter to Resp sent - ROBDU Stage: ROBDUObj due 2/10/03 to Holcim s motions in limine and motion to dismiss organizations/ sh 2003-02-04 00:00:00
Order Issued changing case caption to "In re Holcim (US) Inc." - granting Motion for Site Visit; setting pre-hearing procedure schedule; responses to Holcim s Motions to Dismiss are due 11/15/02 sh 2002-10-30 00:00:00
Order Issued setting pre-hearing conference 10:00 A.M., Monday, October 28, 2002, CG/AHC, setting procedure - parties & standing, hearing office designation, party status form, list of parties to date. Interested parties have until October 1, 2002 to return party status form to be considered as a possible party to the case sh. 2002-09-16 00:00:00
Case Documents
ID Type Comments Date Received
16211847 Hard Copy filed of Organizations Corrections to Hearing Transcript that was faxed on 6/25/03 sh 2003-06-27 15:09:00
16213655 Request for Transcript (4 pages in 1) by DNR. nb 2003-07-16 11:06:00
16215050 Miscellaneous filed by Lori Spicher for Party of Corrections to Transcript. np 2003-06-25 14:15:00
16215477 Hard Copy filed of Organizations Reply Brief. np 2003-05-19 13:17:00
16215523 Hard Copy filed of Response by Holcim to Organizations Post-Hearing Brief. np 2003-05-16 09:27:00
16215663 Correspondence filed by Petitioner by Fax about filed stamped date on their hard copies of proposed findings of fact and post hearing brief. Copies of cover sheets and first pages sent to Keith Klein. np 2003-05-02 11:17:00
16215707 Hard Copy filed of letter dated January 30, 2003 from Maxine Lipeles rb 2003-02-04 14:45:00
16215719 Hard Copy filed Holcim s Motion in Limine to Restrict the Hearing to the Quarry rb 2003-02-03 10:28:00
16215752 Hard Copy filed of motion for extension of time rb 2003-04-21 16:19:00
16215753 Response filed by Holcim to Organizations Post-Hearing Brief. (by Fax) np 2003-05-15 09:11:00
16215783 Hard Copy filed Organizations brief in opposition to Holcim s motion to dismiss rb. 2003-02-13 10:37:00
16216167 Reply Brief filed by Organization. (by Fax) np 2003-05-15 09:12:00
16216217 Miscellaneous filed Organizations Brief in Opposition to Holcim s Motion in Limine to Restrict the Hearing to the Quarry filed by Lipeles rb. 2003-02-10 09:35:00
16216219 Miscellaneous filed Organizations Brief in Opposition to Holcim s Motion in Limine on the Burden of Proof filed by Lipeles rb. 2003-02-10 09:39:00
16216221 Miscellaneous filed Organizations Brief in Opposition to Holcim s Motion in Limine to Exclude "Environmental Studies and Other Irrelevant Evidence" filed by Lipeles rb. 2003-02-10 09:40:00
16216226 Transcript filed Volume III filed, copy sent to Mr. Klein and Ms. Lipeles -bjb 2003-04-09 11:10:00
16216281 Miscellaneous filed by Keith J. Klein - Holcim s Post-Hearing Brief on Standing. (fax) np 2003-04-30 16:26:00
16216283 Proposed Find of Fact/Concl of Law filed by Maxine Lipeles for Organizations. (fax) np 2003-04-30 16:32:00
16216284 Miscellaneous filed by Maxine Lipeles - Organizations Post-Hearing Brief. (fax) np 2003-05-01 09:34:00
16216290 Transcript filed Volume I filed - copy of Volume I Federal Expressed to Mr. Klein -bjb 2003-03-25 11:52:00
16217636 Transcript filed Volume 2 filed -bjb copy fed expressed to Klein and mailed to Lipeles 2003-04-04 13:55:00
16217638 Miscellaneous filed by Christopher Feldmeir and Maxine Lipeles providing notice of intent to file post-hearing brief and proposed findings of fact and conclusions of law rb. 2003-03-17 15:42:00
16217641 Miscellaneous filed by Keith Klein of intention to file a post-hearing brief rb. 2003-03-12 13:49:00
16217644 Miscellaneous filed letter from Maxine Lipeles regarding video conferencing rb. 2003-02-14 10:41:00
16217664 Miscellaneous filed Organizations Brief in Opposition to Holcim s Motion to Dismiss filed by Lipeles rb. 2003-02-10 09:42:00
16217674 Miscellaneous filed at the hearing: Organization s Rule 13 Consent and Approval of Lori C. Spicher, David M. Heger, and Christopher T. Feldmeir for evironmental groups rb. 2003-02-19 08:39:00
16217678 Miscellaneous filed by fax from Maxine Lipeles regarding hearing location & stating DNR is not a party to this case rb. 2003-01-30 14:33:00
16217708 Proposed Find of Fact/Concl of Law filed by Holcim. (fax) np 2003-04-30 15:08:00
16217718 Miscellaneous filed Organizations Brief in Opposition to Holcim s Motion in Limine to Exclude Noncompliance Evidence filed by Lipeles rb. 2003-02-10 09:41:00
16217854 Hard Copy filed of Organizations Post-Hearing Brief by Maxine Lipeles. np 2003-05-01 10:52:00
16217856 Hard Copy filed by Keith Klein of Holcim s Proposed Findings of Fact and Conclusions of Law. np 2003-05-01 10:56:00
16217878 Hard Copy filed Holcim s exhibit list rb. 2003-01-21 11:45:00
16217890 Hard Copy filed Organizations brief in opposition to Holcim s motion in limine on the burden of proof rb. 2003-02-13 10:29:00
16217892 Hard Copy filed Organizations brief in opposition to Holcim s motion in limine to exclude noncompliance evidence rb. 2003-02-13 10:31:00
16217896 Hard Copy filed of witness list of American Bottom etc. rb 2003-01-23 11:39:00
16217914 Hard Copy filed of letter from Maxine Lipeles dated January 29, 2003 rb. 2003-02-03 10:40:00
16217930 Miscellaneous filed by fax: Witness List of American Bottom Conservancy, Missouri Coalition for the Environment, Ozark Chapter of the Sierra Club, and Webster Groves Nature Study Society rb. 2003-01-17 13:01:00
16217938 Hard Copy filed of Organizations Proposed Findings of Fact and Conclusions of Law by Maxine Lipeles. np 2003-05-01 10:50:00
16217941 Hard Copy filed by Keith Klein of Holcim s Post-Hearing Brief on Standing. np 2003-05-01 10:55:00
16217956 Motion for Extension of Time filed by Maxine Lipeles rb. 2003-04-11 10:14:00
16217962 Hard Copy filed of letter of 2/14/03 from Lipeles regarding video conference rb. 2003-02-19 08:38:00
16217963 Hard Copy filed Organizations brief in opposition to holcim s motion in limine to restrict the hearing to the quarry rb. 2003-02-13 10:28:00
16217964 Hard Copy filed Organizations brief in opposition to Holcim s motion in limine to exclue evnironmental studies and other irrelevant evidence rb. 2003-02-13 10:30:00
16217971 Hard Copy filed of January 29, 2003 letter from Duggan rb. 2003-01-31 10:26:00
16217972 Hard Copy filed Holcim s Motion in Limine to Exclude Organizations Noncompliance Evidence rb. 2003-02-03 10:32:00
16217973 Hard Copy filed Holcim s Motion in Limine on the Burden of Proof rb. 2003-02-03 10:34:00
16217984 Hard Copy filed of correspondence from Holcim fax filed on 1/21/03 rb 2003-01-28 15:11:00
16217990 Hard Copy filed Holcim s Motion in Limine to Exclude Environmental Studies and Other Irrelevant Evidence rb. 2003-02-03 10:36:00
16217991 Hard Copy filed Holcim s Motion to Dismiss the Organizations and Brief in Support 2003-02-03 10:39:00
16218011 Motion filed by fax: Holcim s Motion in Limine to Restrict the Hearing to the Quarry rb. 2003-01-31 10:27:00
16218012 Motion filed by fax: Holcim s Motion in Limine to Exclude Organizations Noncompliance Evidence rb. 2003-01-31 10:29:00
16218091 Motion filed by fax: Holcim s Motion in Limine on the Burden of Proof rb. 2003-01-31 10:33:00
16218092 Motion filed by fax: Holcim s Motion in Limine to Exclude Environmental Studies and Other Irrelevant Evidence rb. 2003-02-03 10:20:00
16218139 Hard Copy filed by Counsel for Organizations of Correspondence. np 2002-12-12 14:03:00
16218156 Certificate of Serv filed by Fax of Request for Production of Documents mailed to Holcim. np 2002-11-15 09:18:00
16218160 Certificate of Serv filed by Holcim of Discovery Requests. np 2002-11-18 09:26:00
16218178 Motion filed by Holcim to Dismiss Gonterman Claims or In the Alternative to Compel Responses to Discovery Requests and for Expedited Decision, by Fax. np 2003-01-06 11:09:00
16218179 Hard Copy filed Exhibit list of American Bottom etc. rb 2003-01-23 11:39:00
16218188 Motion filed by fax: Holcim s Motion to Dismiss the Organizations and Brief in Support rb. 2003-01-31 10:37:00
16218194 Hard Copy filed by Holcin regarding hearing location rb. 2003-01-29 13:03:00
16218201 Certificate of Serv filed by Maxine I. Lipeles, Answers & Objections of Missouri Coalition for the Environment to Holcim s Interrogatories rb. 2002-12-19 10:59:00
16218203 Certificate of Serv filed by Maxine I. Lipeles, Answers & Objections of Webster Groves Nature Study Society to Holcim s Interrogatories rb. 2002-12-19 11:01:00
16218210 Motion for Extension of Time filed for Certain Pre-Hearing Schedule Deadlines - Joint filed. np 2002-12-16 14:22:00
16218211 Hard Copy filed of joint motion to extend certain pre-hearing schedule deadlines rb. 2002-12-16 15:57:00
16218295 Motion filed by J.W. Gonterman to withdraw as party rb. 2003-01-09 08:50:00
16218308 Motion filed by James & Nancy L. Tinnin (Party) to withdraw their petition by Fax. np 2002-12-03 11:48:00
16218316 Returned Mail Received - Order to Bright Kleen marked Attempted not Known. np 2002-10-07 14:15:00
16219104 Response filed by Organizations in Opposition to Holcim s Motions to Dismiss. np 2002-11-15 09:19:00
16219860 Miscellaneous filed by fax by Timothy Duggan, attorney LRC requesting location of hearing in Jeff City and withdraw of Tad Kardis rb. 2003-01-29 20:29:00
16219881 Miscellaneous filed by Holcin, Keith Klein, request hearing be held in Jefferson City, MO rb. 2003-01-27 14:58:00
16219882 Miscellaneous filed by fax Holcim s Witness List rb. 2003-01-17 11:44:00
16219883 Miscellaneous filed by fax Holcim s Exhibit List rb. 2003-01-17 11:44:00
16219925 Miscellaneous filed by fax: Amended Exhibit List of American Bottom Conservancy, Missouri Coalition for the Environment, Ozark Chapter of the Sierra Club, and Webster Groves Nature Study Society rb. 2003-02-18 07:46:00
16219929 Miscellaneous filed by fax: Am. Bottom Conservancy, MO Coalition for the Environment, Ozark Chapter of the Sierra Club, & Webster Groves Nature Study Society, request hearing to be held in St. Louis rb. 2003-01-29 08:29:00
16219931 Miscellaneous filed by Holcim, comments about the withdrawal letters by Nancy Havicon & Ken Foerstal rb. 2003-01-21 11:47:00
16219936 Hard Copy filed of Motion to Amend Request for Party Status with Amended Request, Organizations Brief in Opposition to Holcim s Motions to Dismiss, and Certificate of Service of Interrogatories and Request for Production of Documents. np 2002-11-20 14:05:00
16219968 Hard Copy filed of Motion to Dismiss Gonterman Claims or in the Alternative to Compel Responses to Discovery Request and for Expedited Decision. np 2003-01-06 14:17:00
16219972 Certificate of Serv filed by Maxine I. Lipeles, Answers & Objections of Ozark Chapter of the Sierra Club to Holcim s Interrogatories rb. 2002-12-19 11:58:00
16219974 Hard Copy filed of Holcim s witness list rb. 2003-01-21 11:45:00
16220024 Certificate of Serv filed by Maxine I. Lipeles, Answers & Objections of American Bottom Conservancy to Holcim s Interrogatories rb. 2002-12-19 11:57:00
16220041 Hard Copy filed of Correction by Keith J. Klein rb. 2003-01-07 08:29:00
16220065 Certificate of Serv filed of Notice of Site Inspection. np 2002-11-08 13:56:00
16220113 Hard Copy filed of Proposed Schedule filed 10/25/02. np 2002-10-30 14:26:00
16220138 Miscellaneous filed by Michael Silbey of Organization s Proposed Schedule by Fax. np 2002-10-25 15:55:00
16220344 Hard Copy filed of Motion to Dismiss for Lack of Standing and Motion to Dismiss Unauthorized Claims and Briefs in Support of each Motion. np 2002-10-25 10:03:00
16220368 Hard Copy filed of Reply to brief in Opposition to Motions to Dismiss. np 2002-11-25 08:41:00
16220631 Corrected Copy filed of Certificate of Service of Motion to Dismiss Gonterman Claims or in the Alternative to compel Responses to Discovery Requests and for Expedited Decision. np 2003-01-06 14:19:00
16220632 Request for removal of Janet & Russell Miller s names from party status, by Fax. np 2002-12-05 15:21:00
16220675 Response filed by Organizations to Holcim s Motion for Site Visit at Pre-Hearing Conference. np 2002-10-28 10:51:00
16220717 Motion filed to Amend Request for Party Status with Amended Request for Party Status attached. np 2002-11-15 09:15:00
16220736 Motion filed by Ken Foerstel to withdraw as party and Nancy Havicon to withdraw as party rb. 2002-12-16 15:55:00
16220763 Response filed by Petitioner to Brief in Opposition to Motion to Dismiss. np 2002-11-22 08:37:00
16220777 Motion filed by Holcim to Dismiss Unauthorized Claims and Brief in Support. np 2002-10-24 09:20:00
16220779 Motion filed Holcim s Motion for Site Visit rb. 2002-10-21 10:14:00
16220902 Request for Withdrawal of name from case filed by Margaret P. Gilleo. np 2002-10-07 09:32:00
16220908 Returned Mail Received - Order D McElwain. Insufficient address. np to sh to re-send. 2002-09-23 11:39:00
16220930 Returned Mail Received - Order Marge Martin. No such street. Returned to SH to resend. lw 2002-09-30 08:39:00
16220933 Returned Mail Received - Order Aubry Wilmer. Attempted not known. Returned to SH to resend. lw 2002-09-30 08:39:00
16220936 Returned Mail Received - Order Ms. Charlene Purtee. Forward time expired. New address provided by PO. PSC 1, Box 5854, APO AE 09009-5800. np to sh to re-send. 2002-09-24 11:40:00
16221050 Copy of correspondence filed by Fax by Counsel for Organizations. np 2002-12-09 08:44:00
16221917 DNR File Transferred 1. Permit Application for Industrial Mineral Mines 2. Letter from Beth Cunningham, Washington University in St. Louis, dated Feb. 28, 2002 3. Letter from Yvonne Homeyer, Webster Groves Nature Study Society, dated Feb. 27, 2002 4. Letter from Kenneth Foerstel, rec d Feb. 28, 2002 5. Letter dated Jan. 29, 2002 from James & Nancy Tinnin 6. Letter/form rec d Feb. 20, 2002 from Nancy Havicon 7. Letter dated Feb. 21, 2002 from Karen Holden 8. Letter dated Feb. 26, 2002 from Bill Gonterman 9. Letter dated Feb. 18, 2002 from Allen & Eileen (Naomi) Sweet 10. Letter rec d Feb. 26, 2002 from Janet Miller 11. Letter rec d Feb. 26, 2002 from Russell Miller 12. Letter dated Feb. 21, 2002 from Margaret Gilleo 13. Letter dated Feb. 21, 2002 from Charles Guenther, Jr. 2002-09-16 08:38:00
16222014 Transcript filed 2002-10-28 14:38:00
16222019 Miscellaneous filed Holcim s Proposed Schedule rb. 2002-10-21 10:14:00
16222021 Miscellaneous filed Holcim s Proposed Hearing Procedure and Post-Hearing Procedure and Schedule rb. 2002-10-21 10:15:00
16222274 Hard Copy filed of Applicant s Motion for Protective Order and Brief in Support. np 2002-11-25 08:42:00
16222319 Hard Copy filed Request for Party Status by Michael Silbey. np 2002-10-07 09:28:00
16222502 Hard Copy filed 9/13/02 letter signed by Ted A. Smith, Chairman LRC. Appointing AHC and Please Expedite. np 2002-09-24 10:49:00
16222752 Copy of correspondence filed by fax - appointment letter to the AHC from the Land Reclamation Commission rb. 2002-09-16 08:00:00
16223322 Motion filed by Holcim to Dismiss for Lack of Standing and Brief in support - WGNSS, ABC, MCE & OCSC organizations. np 2002-10-24 09:16:00
16223328 Motion filed Holcim s Motion to Correct Caption rb. 2002-10-21 10:02:00
16223333 Request for Withdrawal of name from case filed by Charles J. Guenther, Jr. np 2002-10-07 09:30:00
16223339 Request for Party Status filed by Ozark Chapter of the Sierra Club, by FAX, signed by Michael Silbey. np 2002-10-01 10:25:00
16223348 Returned Mail Received - Order Mr. Walter Mills, not deliverable as addressed. np to sh to re-send. 2002-09-23 11:37:00
16223393 Motion filed by Applicant for Protective Order and Brief in Support. np 2002-11-22 08:37:00
16223419 Returned Mail Received - Order Mr. William Wolf. Attempted, not known. np to sh to re-send. 2002-09-23 11:39:00