Missouri Coalition for the Environment vs. Missouri Department of Natural Resources & Department of the Army, Memphis District, U.S. Army Corps of Engineers

Case Details
Case Number 03-0013 DNR
Case Type DNR Recommended
Case Name Missouri Coalition for the Environment vs. Missouri Department of Natural Resources & Department of the Army, Memphis District, U.S. Army Corps of Engineers
Commissioner June Striegel Doughty
Case Status Archived
Date Created 2003-07-17 09:49:45
Date Closed 2005-07-15 08:34:28
Case Appointments
Type Location Attendees Subject Status Begin End
Hearing Set for JPC Doughty, J 03-0013 DNR Missouri Coalition for the Environment vs. Missouri Department of Natural Resources & Department of the Army, Memphis District, U.S. A Held 2003-12-08 09:00:00 2003-12-12 13:15:00
Pre Hearing Conference Set for Doughty, J 03-0013 DNR Missouri Coalition for the Environment vs. Missouri Department of Natural Resources & Department of the Army, Memphis District, U.S. A Held 2003-12-01 14:00:00 2003-12-01 15:00:00
Pre Hearing Conference Set for phone Doughty, J 03-0013 DNR Missouri Coalition for the Environment, Appeal No. 385-03 vs. Missouri Department of Natural Resources 2003-09-09 10:00:00 2003-09-09 10:01:00
Pre Hearing Conference Set for Held 2003-12-01 14:00:00 2003-12-01 15:00:00
Hearing Set for JPC Held 2004-01-20 09:00:00 2004-01-23 17:00:00
Pre Hearing Conference Set for JCMO by phone DoughJ@exchange2003.intra.mo.gov Held 2005-06-21 14:00:00 2005-06-21 15:00:00
Correspondence
Reason Comments Date Sent Documents
Hearing Notice sent-Water Commiss-nc-nh-ns Telephone conference 10:00 AM, Tuesday, September 9, 2003, JSD rb. 2003-07-17 00:00:00
Discovery Letter to Respondent mailed 2003-09-24 00:00:00
Order Issued setting pre-hearing schedule/ sh 2003-09-12 00:00:00
Order Granting Mtn to Intervene filed by U.S. Army Corps of Engineers/ sh 2003-08-13 00:00:00
Order Issued granting motion to amend pre-hearing scheduling order/ sh 2003-10-01 12:51:00
Order Issued denying Corps' motion for reconsideration/ sh 2003-10-15 08:41:00
Objection Letter to Resp sent - ROBDU DNR's obj due 11/12/03 to motion to compel/ sh 2003-11-05 08:48:00
Order Issued granting the Corps' motion to compel/ sh 2003-11-13 15:56:00
Objection Letter to Pet sent Obj due 11/25/03 to motion in limine (rv) 2003-11-24 09:58:00
Order Issued denying DNR's motion in limine/ sh 2003-12-03 16:07:00
Order Issued 2003-12-12 13:30:00
Order Issued admitting Exhibit E into evidence - denying DNR's mtn to strike Appellants' memorandum of law, but granting mtn to strike attachments. sh 2004-01-16 09:54:00
Order Issued regarding evidence under advisement. Appellants' response due 4/15/04 - DNR and Corps' response due 5/17/04. sh 2004-03-16 13:50:00
Order Granting Extension of Time until 5/28/04 for DNR to file brief. sh 2004-05-18 07:34:00
Order Issued regarding admissibility of certain exhibits - setting briefing schedule: Resps (DNR and the Corps) 10/18/04; Appellants 11/17/04; Resps reply 12/2/04. sh 2004-09-17 13:49:00
Briefing Schedule Revised mailed Resps brief due 11/19/04 - Appellants 12/20/04; reply 1/4/05. sh 2004-10-19 07:42:00
Briefing Schedule Revised mailed Appellants due 1/5/05 - reply 1/26/05. sh 2004-12-15 08:15:00
Order Granting Extension of Time Resps have until 2/3/05 to file reply brief. sh 2005-01-26 07:48:00
Objection Letter to Resp sent - ROBDU Obj due 5/27/05 to mtn to reopen record and request for hearing. sh 2005-05-20 07:52:00
Order Issued denying Appellants' mtn to reopen record - will schedule phone conf. by separate order. sh 2005-06-02 12:10:00
Transcript Sent to Pet State Attorney 2005-06-22 15:50:00
Transcript Sent to Resp State Attorney 2005-06-22 15:55:00
Transcript Sent to Pet State Attorney 2005-06-22 16:00:00
Closed-Recommended Order of dismissal. sh (Record picked up by D.S. on 7/18/05.) 2005-07-15 08:34:00
Case Documents
ID Type Comments Date Received
16211489 Response filed by MO DNR and Intervenor US Army Corps of Engineers - Joint Answer. nb 2003-09-19 08:15:00
16211525 Transcript filed 2003-09-16 12:39:00
16211699 Motion to Intervene filed by Department of the Army, Memphis District, U.S. Army Corps of Engineers. nb 2003-08-07 13:17:00
16211715 Miscellaneous filed Record of Related Case # 03-0002 DNR received from DNR. nb 2003-09-10 15:45:00
16211761 DNR File Transferred 1. Notice of Appeal of Water Quality Certification for the St. Johns Bayou/New Madrid Floodway Project 2. Statement of Reasons in Support of Appeal 3. Statement of Interests 4. memorandum transferring file rb 2003-07-15 10:11:00
16212943 Certificate of Serv filed by Edward J. Heisel of Deposition Notices (3 to Army Corps of Engineers) and Depostion Notice (1 to MDNR) -- nb 2003-09-29 16:47:00
16213057 Entry of Appearance filed and Rule 9.03 Statement of Timothy D. Searchinger. nb 2003-09-26 15:43:00
16213068 Certificate of Serv filed by Respondent MoDNR of Interrogatories. nb 2003-09-24 14:48:00
16213305 Certificate of Serv filed by Appellant of First Set of Interrogatories and First Set of Request for Production of Documents sent to U.S. Army Corps of Engineers and First Set of Request for Production of Documents to MO DNR. nb 2003-09-25 10:18:00
16214603 Motion filed by Environmental Defense Attorney Timothy D. Searchinger for Clarification of Scheduling Order. nb 2003-09-26 15:48:00
16504105 Correspondence
16505234 Certificate of Serv filed Notices of Depositions of Dr. Richard Sparks, Dr. Bruce Dugger, Dr. Katie Dugger, Dr. Christopher Woltemade, Dr. Ray Semlitsch, Dr. Tom Stinson, Dr. Alan Journet, Dr. Dennis King and David Conrad. nb 2003-10-06 10:00:00
16505819 Certificate of Serv-Response Req Prod of Docs filed by Willaim J. Bryan, Attorney for Respondent. nb 2003-10-09 13:45:00
16505828 Certificate of Serv-Response Req Prod of Docs filed by Intervenor U.S. Army Corps of Engineers' and Response to First Set of Interrogatories. nb 2003-10-09 14:15:00
16505838 Motion filed by Fax - by Dept. of the Army, Memphis District, U.S. Army Corps of Engineers for Reconsideration of Order Dated 10/1/03. nb 2003-10-10 15:29:00
16505983 Hard Copy filed of Motion by Dept. of the Army, Memphis District, U.S. Army Corps of Engineers for Reconsideration of Order Dated 10/1/03. nb 2003-10-14 10:15:00
16506254 Correspondence
16506380 Certificate filed by Petitioner of Service of Response to Interrogatories. nb 2003-10-15 10:44:00
16506605 Objections filed by Appellants to Motion for Reconsideration. (by Fax) nb 2003-10-16 08:16:00
16507717 Hard Copy filed of Petitioners Opposition to Motion for Reconsideration. nb 2003-10-20 13:45:00
16510551 Motion to Compel filed or, in the alternative, Impose Sanctions by David E. Sirmans. (by Fax) nb 2003-10-31 08:30:00
16511124 Objections filed by fax by Edward Heisel to Motion to Compel. nb 2003-11-04 16:41:00
16511202 Correspondence
16511337 Hard Copy filed of Motion to Compel or, in the alternative, Impose Sanctions, by David E. Sirmans. nb 2003-11-03 13:00:00
16512212 Response filed by Petitioner to State's Response to the Corp's Motion to Compel. nb 2003-11-10 08:05:00
16512219 Hard Copy filed by Edward Heisel of Objections to Motion to Compel. nb 2003-11-07 08:15:00
16512254 Response filed by Fax by Petitioner - Supplemental to State's Response to the Corp's Motion to Compel. nb 2003-11-10 09:30:00
16512463 Response filed by William J. Bryan of State's Response to Corp's Motion to Compel. nb 2003-11-10 15:02:00
16512480 Hard Copy filed by William J. Bryan of State's Response to Corp's Motion to Compel. nb 2003-11-10 15:30:00
16512550 Hard Copy filed by Petitioner of Reply to the State's Response to the Corp's Motion to Compel. nb 2003-11-12 09:07:00
16512811 Correspondence
16512866 Hard Copy filed by Petitioner Supplemental to State's Response to the Corp's Motion to Compel. nb 2003-11-14 09:45:00
16513942 Notice filed of Unopposed Expert Substitution by MO Coalition for the Environment and Environmental Defense. (by Fax) nb 2003-11-20 16:21:00
16513943 Motion in Limine filed by William J. Bryan for DNR. nb 2003-11-20 16:29:00
16514374 Correspondence
16514636 Entry of Appearance filed by Elizabeth Ann Pitrolo for Intervenor U.S. Army Corps of Engineers. (by Fax) nb 2003-11-21 16:30:00
16514801 Hard Copy filed of Entry of Appearance by Elizabeth Ann Pitrolo for Intervenor U.S. Army Corps of Engineers. nb 2003-11-25 13:21:00
16514998 Objections filed by Appellant to Motion in Limine. (by Fax) nb 2003-11-25 16:45:00
16515048 Hard Copy filed of Objections by Appellant to Motion in Limine. nb 2003-11-26 09:37:00
16515445 Miscellaneous filed by Edward Heisel by Fax of Witness and Exhibit List of Missouri Coalition for the Environment and Environmental Defense. nb 2003-12-01 13:07:00
16515516 Miscellaneous filed by Respondent-Intervenor(by Elizabeht Ann Pitrolo) of Exhibit List. (by Fax) nb 2003-12-01 14:34:00
16515518 Miscellaneous filed by Respondent-Intervenor(by Elizabeht Ann Pitrolo) of Witness List. (by Fax) nb 2003-12-01 14:41:00
16515727 Miscellaneous filed by State about not filing a Reply Brief. nb 2003-12-02 11:08:00
16516203 Hard Copy filed of respondent/intervenor's exhibit list rb. 2003-12-02 16:00:00
16516204 Hard Copy filed of respondent/intervenor's witness list rb. 2003-12-02 16:00:00
16516205 Hard Copy filed witness and exhibit list of Missouri Coalition for the Environment and Environmental Defense rb. 2003-12-03 16:00:00
16516219 Correspondence
16516842 Miscellaneous filed by Petitioner by Fax - Demonstrative Exhibit List of the Missouri coalition for the Environment and Environmental Defense. nb 2003-12-05 16:50:00
16516854 Miscellaneous filed by Fax - States Demonstrative Exhibit List. nb 2003-12-08 08:15:00
16516928 Motion filed by State - Second Motion in Limine. nb 2003-12-08 09:39:00
16516931 Miscellaneous filed by State - Trial Brief. nb 2003-12-08 09:40:00
16517080 Miscellaneous filed by State - Demonstrative Exhibit List. nb 2003-12-08 13:08:00
16517081 Miscellaneous filed State's Witness List. nb 2003-12-08 13:09:00
16517082 Miscellaneous filed State's Exhibit List. nb 2003-12-08 13:10:00
16518038 Correspondence
16521499 Memorandum filed by Missouri Coalition for the Environment and Environmental Defense - in support of their objections to the unlimited evidentiary use of the RSEIS. (by fax) nb 2004-01-06 11:45:00
16521502 Hard Copy filed by Missouri Coalition for the Environment and Environmental Defense - memorandum in support of their objections to the unlimited evidentiary use of the RSEIS. nb 2004-01-07 11:46:00
16522710 Response filed by Fax by Respondent-Intervenor to Memorandum of Law. nb 2004-01-12 16:38:00
16522711 Response filed by State to Memorandum of Law. nb 2004-01-12 16:40:00
16523231 Correspondence filed by Resp to advise unavailability of one of primary witnesses at time of hearing. nb 2004-01-14 13:33:00
16523242 Hard Copy filed by Respondent-Intervenor- Response to Memorandum of Law. nb 2004-01-14 13:30:00
16523297 Response filed by Missouri Coalition for the Enviornment and Environmental Defense in Support of Motion to LImit the Evidentiary uses of the RSEIS. nb 2004-01-14 16:47:00
16523461 Response filed by Respondent-Intervenor (Surreply) to Response in Support. (by Fax) nb 2004-01-15 15:36:00
16523561 Correspondence
16523979 Hard Copy filed by Respondent-Intervenor (Surreply) to Response in Support. 2004-01-20 15:48:00
16524735 Transcript filed 2004-01-26 13:40:00
16526818 Transcript filed by ACR Volumes 1 thru 9 rb. 2004-02-06 10:51:00
16527166 Correspondence filed by Petitioner regarding several issues from the end of hearing. nb 2004-02-05 13:30:00
16533853 Correspondence
16538951 Motion filed by Petitioner by Fax, Addressing Evidentiary Issues specified in the Commissioner's Order of 3/16/04. nb 2004-04-15 10:02:00
16538992 Hard Copy filed of Petitioners Motion Addressing Evidentialry Issues with Exhibits included that were not faxed. nb 2004-04-16 09:39:00
16544312 Motion for Ext of Time to File Brief filed by Respondent. nb 2004-05-14 16:06:00
16544681 Correspondence
16547088 Brief filed by Respondent Joint, on Evidentiary and Procedural Issues. nb 2004-05-28 11:30:00
16548213 Objections filed by Appellants to Joint Brief on the Admissibility of Dr. Killgores testimony relating to amphibians, mussels, and aquatic habitat restoration. (by Fax) nb 2004-06-04 09:00:00
16548605 Hard Copy filed of Appellants Opposition to Respondents Joint Brief on the Admissibility of Dr. Killgores testimony relating to amphibians, mussels, and aquatic habitat restoration. nb 2004-06-08 11:35:00
16568199 Miscellaneous filed by William J. Bryan copy of Amended Complaint filed in federal court. nb 2004-09-16 14:30:00
16568448 Correspondence
16573449 Motion for Ext of Time to File Brief filed by Respondents. nb 2004-10-18 13:15:00
16573625 Correspondence
16580568 Proposed Find of Fact/Concl of Law filed by Respondents jointly. nb 2004-11-19 08:30:00
16581060 Copy filed by Respondent of Joint Proposed Findings of Fact, Conclusions of Law and Order. nb 2004-11-22 12:00:00
16584635 Motion for Ext of Time to File Brief filed by Petitioner (Edw. Heisel) - ds (fax) 2004-12-10 12:17:00
16584707 Correspondence
16585435 Response filed by DNR to Motion for Extension of Time to file brief. nb 2004-12-14 13:15:00
16585437 Hard Copy filed of Motion for Extension of Time to File Brief by Edward Heisel. nb 2004-12-14 13:15:00
16589615 Brief filed by Petitioner Appellants Post-Trial Memorandum. nb 2005-01-05 16:30:00
16589743 Proposed Find of Fact/Concl of Law filed by Appellants. (by Fax) nb 2005-01-05 16:45:00
16590598 Hard Copy filed of Appellants Proposed Findings of Fact and Conclusion of Law. nb 2005-01-11 14:00:00
16590603 Duplicate filing of Appellants Post-Trial Memorandum. nb 2005-01-11 14:00:00
16593253 Motion for Ext of Time to File Brief filed by Respondents. nb 2005-01-25 15:30:00
16593285 Correspondence
16595393 Reply Brief filed by Respondent nb 2005-02-03 15:30:00
16618769 Motion filed by Appellants to Reopen the Record and Request for A Hearing. (by Fax) nb 2005-05-19 13:30:00
16618868 Correspondence
16618926 Hard Copy filed of Petitioners Motion to reopen the record and request for a hearing - ds 2005-05-20 09:30:00
16620800 Response filed by Respondent, Jointly, to Motion to Reopen Record. nb 2005-05-27 13:45:00
16621646 Correspondence
16626665 Transcript filed St. John's Bayou, DNR -bjb 2005-06-22 15:42:00
16626672 Correspondence
16626674 Correspondence
16626676 Correspondence
16631291 Stipulation filed by Petitioner and Unopposed Motion to Dismiss. nb 2005-07-13 13:45:00
16631757 Correspondence
16632438 Returned Mail Received Transcript addressed to Elizabeth Ann Pitrolo marked Attempted, not known, and No suite number. (RESENT with additional information on label) nb 2005-07-18 10:30:00
16646649 Memorandum filed by by Clean Water Commission - Order of Dismissal adopting Recommended Order dated July 15, 2005. nb 2005-09-14 08:30:00