United States of America v. Ameren Missouri
Plaintiff: United States of America
Defendant: Ameren Missouri
Case Number: 4:2011cv00077
Filed: January 12, 2011
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: St. Louis - County
Presiding Judge: Rodney W. Sippel
Nature of Suit: Environmental Matters
Cause of Action: 42:7413
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
September 30, 2019 Opinion or Order Filing 1122 MEMORANDUM OPINION & ORDER : IT IS HEREBY ORDERED THAT Defendant Ameren shall apply for a Prevention of Significant Deterioration permit for the Rush Island Energy Center within ninety days of the date of this Order. Ameren must propose wet flue-gas desulfurization as the technology-basis for its Best Available Control Technology proposal. IT IS FURTHER ORDERED THAT Defendant Ameren shall operate Rush Island Units 1 and 2 in compliance with an emissions limit that is no less stringent than 0.0 5 lb SO2/mmBTU on a thirty-day rolling average within four and one half years of the date of this Order. IT IS FURTHER ORDERED THAT Defendant Ameren shall install a pollution control technology at least as effective as dry sorbent injection at the La badie Energy Center within three years from the date of this Order. That technology shall remain in use at Labadie until Ameren has achieved emissions reductions totaling the same amount as the excess emissions from Rush Island, as defined in this Or der, through the time Ameren installs BACT at Rush Island. IT IS FURTHER ORDERED THAT I will retain jurisdiction over this case until Ameren has fully implemented the remedies set forth in this Order. Signed by District Judge Rodney W. Sippel on 9/30/19. (ARL)
March 27, 2019 Opinion or Order Filing 1058 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Ameren Missouri's motion to exclude Dr. Philippe Grandjean's expert opinion, 963 , is DENIED. Signed by District Judge Rodney W. Sippel on 3/27/19. (KEK)
February 27, 2019 Opinion or Order Filing 1045 MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Amerens motions for summary judgment, [Nos. 944 , 946 , 955 ] are DENIED. IT IS FURTHER ORDERED that the EPAs motion for summary judgment, [No. 954 ], is DENIED. Signed by District Judge Rodney W. Sippel on 2/27/2019. (NEP)
January 23, 2017 Opinion or Order Filing 852 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, Februa ry 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 Amere n'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 F URTHER 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)
February 29, 2016 Opinion or Order Filing 727 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)
February 24, 2016 Opinion or Order Filing 724 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 Am eren'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 fo r 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 Applicabili ty # 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 fo r 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 "Incr eased 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 8, 2016 Opinion or Order Filing 719 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)
January 21, 2016 Opinion or Order Filing 711 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 15, 2013 Opinion or Order Filing 118 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)
July 10, 2012 Opinion or Order Filing 92 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, 2012 Opinion or Order Filing 75 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)
January 27, 2012 Opinion or Order Filing 73 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 a nd 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)
June 28, 2011 Opinion or Order Filing 35 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)
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Plaintiff: United States of America
Represented By: Andrew C. Hanson
Represented By: Bradford T. McLane
Represented By: Justin A. Savage
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Defendant: Ameren Missouri
Represented By: Stephen J. Bonebrake
Represented By: Renee Cipriano
Represented By: Patricia Brown Holmes
Represented By: Matthew B. Mock
Represented By: Ronald S. Safer
Represented By: James J. Virtel
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