Case
File Name: Sierra Club Appeal of Two Elk
EQC Docket Number: 07-2802
Date Opened: 12/20/2007
AG Attorney: Vehr
Prevailing Party:
Date of Disposition:
Date File Closed: 7/3/2008
Archive Date:
Archive Box:
City:
County:
DEQ File Number:
Division: Air Quality
Case type: Citizen objection to a mine permit or decision of the Director
Hearing Examiner: Hedrick
Summary: The Sierra Club and the PRBRC requests that the EQC should set aside DEQ's 11-21-07 determination that TEGP did not discontinue construction of the Two Elk plant for 24 months or more. The EQC should also find that TEGP never legitimately commenced construction of the Two Elk plant in 2005. Although TEGP commenced construction of a stack foundation in 2005, TEGP never commenced construction of the Two Elk plant in 2005 because it has failed to perform any additional on-site work related to the stack foundation or any other permanent Two Elk structure ever since. The EQC should also find DEQ's extension of TEGP's 2002 commence construction deadline by over three years amounted to an invalid permit modification that failed to follow public notice and comment requirements. Finally, the EQC should require DEQ to release all Two Elk documents to Citizens forthwith.
Hearing

Documents

 ViewDateTitleFiled ByDocument TypeStatus
12/20/2007Citizen's Appeal of DEQ Construction Continuance and Commencement Determinations, and Permit Deadline Extensions, Regarding Two Elk Power PlantZarsPleadingAccepted
Archived 1/4/2008Entry of Appearance.VehrVehr  
Archived 2/1/2008Two Elk Generation Partners, Limited Partnership's Petition to InterveneThrone  
Archived 2/5/2008Entry of AppearanceCoppede  
Archived 2/5/2008Draft Order Admitting Non-Resident Attorney.DimauroCoppede-Throne  
Archived 2/5/2008Motion for Admission Pro Hac Vice - DimauroCoppede  
Archived 2/5/2008Two Elk Generation Partners' Notice of Filing the Wyoming State Bar's Certificate of Compliance with Rule 11 Issued to Danielle DimauroCoppede  
Archived 2/5/2008Draft Order Admitting Non-Resident Attorney.TheisCoppede  
Archived 2/5/2008Two Elk Generation Partners' Notice of Filing the Wyoming State Bar's Certificate of Compliance with Rule 11 Issued to Michael TheisCoppede  
Archived 2/5/2008Motion for Admission Pro Hac Vice - TheisCoppede  
Archived 2/8/2008Citizens' Response to Two Elk Petition to InterveneZars  
Archived 2/22/2008Motion to Withdraw Rebecca W. Watson as Counsel of RecordWatson  
Archived 3/11/2008Amended Notice of Filing the Wyoming State Bar's Certificate of Compliance with Rule 11 Issued to Michael C. TheisCoppede  
Archived 3/11/2008Proposed Order Admitting Non-Resident Attorney   
3/17/2008Two Elk Generation Partners, Limited Partnership's Motion to Dismiss AppealThronePleadingAccepted
Archived 3/17/2008Proposed Order for Motion to DismissThrone  
Archived 3/17/2008Exhibit A.Two Elk Motion to DismissThrone  
Archived 3/17/2008Exhibit B.Two Elk Motion to DismissThrone  
Archived 3/17/2008Exhibit C.Two Elk Motion to DismissThrone  
Archived 3/17/2008Exhibit D.Two Elk Motion to DismissThrone  
Archived 3/17/2008Exhibit E.Two Elk Motion to DismissThrone  
Archived 3/17/2008Exhibit F.Two Elk Motion to DismissThrone  
4/9/2008Citizen's Response to Two Elk Motion to Dismiss PleadingAccepted
Archived 4/23/2008Order Admitting Non-Resident Attorney.TheisHedrick  
Archived 4/24/2008Reply in Support of Two Elk Generation Partners, Limited Partnership's Motion to Dismiss AppealThrone  
Archived 5/8/2008Order Setting HearingHedrick  
7/3/2008Dismissal OrderHedrickOrderAccepted

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