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11-077 - United States of America v. Ameren Missouri


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11-077 - United States of America v. Ameren Missouri
June 28, 2011
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Strike #31 is DENIED. IT IS FURTHER ORDERED that Plaintiffs Motion for Leave to File an Amended Complaint #33 is GRANTED. IT IS FURTHER ORDERED that Defendant's Motions to Dismiss #12 and # 22 are DENIED as moot. IT IS FINALLY ORDERED that the hearing set for Monday, July 11, 2011 at 10:00a.m. is VACATED. Signed by Honorable Rodney W. Sippel on 6/28/11. (ARL)
January 27, 2012
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Ameren Missouri's Rule 12(b)(6) Motion to Dismiss 39 is GRANTED in part and DENIED in part. The civil penalty claims asserted in Counts I and II for failure to comply with the Missouri SIP and CAA's PSD requirements and failure to undergo a BACT determination or operate in compliance with BACT are DISMISSED. The civil penalties asserted in Counts V and VI for failure to comply with the Title V Permit's PSD requirements and requirement to certify compliance with the Title V Permit for the 2001 and 2003 Projects are DISMISSED. IT IS FURTHER ORDERED that Defendant Ameren Missouri's Rule 12(b)(1) Motion to Dismiss 42 is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion for Leave to SubmitSupplemental Authority 63 is GRANTED.. Signed by Honorable Rodney W. Sippel on 1/27/12. (LGK)
February 15, 2012
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion to Consolidate [#67] is DENIED. Signed by Honorable Rodney W. Sippel on 2/15/12. (LAH)
July 10, 2012
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs Motion to Strike # 81 is GRANTED in part and DENIED in part as indicated above. Signed by Honorable Rodney W. Sippel on 7/10/2012. (RAK)
February 15, 2013
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Ameren's motion to compel the 24 emissions forecast documents identified in EPAs Privilege Log is DENIED. Signed by District Judge Rodney W. Sippel on 2/15/13. (LAH)
January 21, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Ameren's Motion for Summary Judgment No. 1: On the Missouri SIPs Construction Permitting Rule #539 is DENIED. Signed by District Judge Rodney W. Sippel on 1/21/16. (ARL)
February 8, 2016
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MEMORANDUM AND ORDER re:702 MOTION to Strike Jury Demand filed by Plaintiff United States of America motion is GRANTED.. Signed by District Judge Rodney W. Sippel on 2/8/16. (LGK)
February 24, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Ameren's Motion for Partial Summary Judgment No. 6: On the Correct Legal Standard for Routine Maintenance, Repair and Replacement #557 and EPA's Motion for Partial Summary Judgment on Ameren's Routine Maintenance Defense #504 are both GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that EPA's Motion for Partial Summary Judgment on Ameren's Demand Growth Defense #511 and Ameren Missouri's Motion for Partial Summary Judgment No. 5: Correct Standard for Determining Causation #552 are both GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that Ameren Missouri's Motion for Partial Summary Judgment No. 2: Concerning NSR Applicability #543 is DENIED. IT IS FURTHER ORDERED that Ameren Missouri's Motion for Partial Summary Judgment No. 3: No Evidence Concerning a "Reasonable Power Plant Operator" #546 is DENIED. IT IS FURTHER ORDERED that EPA's Motion for Partial Summary Judgment on Defendant's Violations of the Clean Air Act at Rush Island Unit 2 (Emissions) #536 is DENIED. IT IS FURTHER ORDERED that Ameren Missouri's Motion for Partial Summary Judgment No. 4: On EPA's "Increased Capacity Claim" #549 is DENIED. IT IS FURTHER ORDERED that Ameren Missouri's Motion for Partial Summary Judgment No. 7: Regarding Title V #561 is DENIED. IT IS FURTHER ORDERED that Ameren Missouri's Motion to Exclude the Expert Opinions and Testimony of David Lloyd #508 is DENIED. IT IS FURTHER ORDERED that EPA's Motion to Exclude Certain Opinions of Sandra Ringelstetter Ennis #520 is DENIED.. Signed by District Judge Rodney W. Sippel on 2/24/16. (LGK)
February 29, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Ameren's motion to certify for interlocutory appeal pursuant to 28 U.S.C. § 1292(b) #714 is DENIED. Signed by District Judge Rodney W. Sippel on 2/29/16. (ARL)
January 23, 2017
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MEMORANDUM OPINION AND ORDER: IT IS HEREBY ORDERED that Defendant Ameren Missouri is found liable under the Clean Air Act, 42 U.S.C. § 7401 et seq. IT IS FURTHER ORDERED that a status conference to address remedies is set for Wednesday, February 15, 2017 at 11:00 a.m. in courtroom 16-South. IT IS FURTHER ORDERED that the United States' Motion in Limine to Curtail Ameren's Re-Litigation of the Law of the Case #757 is DENIED per my rulings above. IT IS FURTHER ORDERED that Ameren's Motion to Treat Certain KDHE Produced Documents as Highly Confidential During Trial #778 is DENIED as moot. IT IS FURTHER ORDERED that Ameren's Motion to Bar Robert Koppe's New Causation Opinions #787 is DENIED as moot. IT IS FURTHER ORDERED that Ameren's Motion to Bar Dr. Ranajit Sahu's New Opinions #793 is DENIED as moot. IT IS FURTHER ORDERED that Ameren's Motion to Strike EPAs New Expert Opinion Evidence and Related Trial Exhibits #832 is DENIED per my rulings above. IT IS FURTHER ORDERED that the Parties Joint Motion to Correct Clerks Exhibit List #829 is GRANTED. Signed by District Judge Rodney W. Sippel on 1/23/17. (ARL)