Case
File Name: In Re Brook Mining Co. LLC
EQC Docket Number: 20-4802
Date Opened: 8/6/2020
AG Attorney: Matt VanWormer
Prevailing Party:
Date of Disposition:
Date File Closed:
Archive Date:
Archive Box:
City: Sheridan
County: Sheridan
DEQ File Number: PT0841
Division: Land Quality
Case type: Non-Permit Holder Appeal
Hearing Examiner: Baumer
Summary: PRBRC petitioned the Council for a hearing on a Coal Mining permit issued by the DEQ to Brook Mining Co. LLC located in the Sheridan area.
Hearing
TitleWhenLocation
Motion Hearing12/16/2020 1:30:00 PMZOOM video conferencing Contact Joe Girardin 307-777-7170 or joe.girardin@wyo.gov for information

Documents

 ViewDateTitleFiled ByDocument TypeStatus
8/6/2020Petition for Hearing Jim RubyPleadingAccepted
8/6/2020Matt VanWormer agreed to receive service by emailMatt VanWormerEmail Service AgreementAccepted
8/7/2020Shannon Anderson agreed to receive service by emailShannon AndersonEmail Service AgreementAccepted
8/11/2020Pat Crank agreed to receive service by emailPat CrankEmail Service AgreementAccepted
8/12/2020Order for Status ConferenceJim RubyOrderAccepted
8/12/2020Certificate of ServiceJim RubyCertificate of ServiceAccepted
8/13/2020Entry of AppearancePat CrankPleadingAccepted
8/17/2020Entry of Appearance - Matt VanWormerMatt VanWormerPleadingAccepted
8/17/2020Stipulation to Extension of Time for HearingMatt VanWormerPleadingAccepted
8/17/2020Waiver of Commencement of Hearing Within Thirty (30) DaysPat CrankPleadingAccepted
8/18/2020Order of ScheduleJim RubyOrderAccepted
8/18/2020Certificate of ServiceJim RubyCertificate of ServiceAccepted
8/19/2020Powder River Basin Resource Council waiver of requirement to commence hearing within thirty daysShannon AndersonPleadingAccepted
8/31/2020PRBRC Preliminary list of exhibits and witnessesShannon AndersonPleadingAccepted
8/31/2020Response to Petition for Hearing Before the EQC of the DEQ Director's Approval of the Coal Mine Permit Application Submitted by Brook Mining, LLC (PT0Pat CrankPleadingAccepted
9/30/2020PRBRC Designation of Expert WitnessShannon AndersonPleadingAccepted
10/6/2020Stipulation to Admit ExhibitsMatt VanWormerPleadingAccepted
10/6/2020Proposed Order Admitting ExhibitsMatt VanWormerPleadingAccepted
10/8/2020Brook Mining Co. LLC's Motion for Summary Judgment for Lack of StandingPat CrankPleadingAccepted
10/8/2020Brief in Support of Respondent Brook Mining, LLC, Motion for SummaryJudgment for Lack of StandingPat CrankPleadingAccepted
10/8/2020Exhibit APat CrankPleading ExhibitAccepted
10/8/2020Exhibit BPat CrankPleading ExhibitAccepted
10/8/2020Exhibit CPat CrankPleading ExhibitAccepted
10/8/2020Exhibit DPat CrankPleading ExhibitAccepted
10/8/2020Exhibit EPat CrankPleading ExhibitAccepted
10/8/2020Exhibit FPat CrankPleading ExhibitAccepted
10/8/2020Exhibit GPat CrankPleading ExhibitAccepted
10/8/2020Rule 56.1 Statement in Support of Brief in Support of Respondent Brook Mining, LLC, Motion for Summary Judgment for Lack of StandingPat CrankPleadingAccepted
10/12/2020Order for Admission of ExhibitsJim RubyOrderAccepted
10/12/2020Certificate of ServiceJim RubyCertificate of ServiceAccepted
10/14/2020Brook Mining Co. LLC's Motion for Summary JudgmentPat CrankPleadingAccepted
10/14/2020Respondent Brook Mining Co., LLC, Brief in Support of Motion for Summary JudgmentPat CrankPleadingAccepted
10/14/202018a Exhibit APat CrankPleading ExhibitAccepted
10/14/202018b Exhibit BPat CrankPleading ExhibitAccepted
10/14/202018c Exhibit CPat CrankPleading ExhibitAccepted
10/14/202018d Exhibit DPat CrankPleading ExhibitAccepted
10/14/202018e Exhibit EPat CrankPleading ExhibitAccepted
10/14/202018 f Exhibit FPat CrankPleading ExhibitAccepted
10/14/2020Rule 56.1 Statement in Support of Respondent Brook Mining, LLC's Brief in Support of Motion for Summary JudgmentPat CrankPleadingAccepted
10/16/2020PRBRC Cross-Motion for Summary Judgment on the Issue of StandingShannon AndersonPleadingAccepted
10/16/2020PRBRC Combined Response to Brook and Memorandum in Support of Cross-Motion for Summary Judgment on the Issue of StandingShannon AndersonPleadingAccepted
10/16/2020PRBRC Exhibit A Declaration of Gillian MaloneShannon AndersonPleading ExhibitAccepted
10/16/2020Corrected PRBRC Exhibit A Declaration of Gillian Malone(Removed)Shannon AndersonPleading ExhibitRemoved
10/16/2020PRBRC Exhibit B Declaration of Bill BenselShannon AndersonPleading ExhibitAccepted
10/16/2020PRBRC Exhibit C Declaration of John BuyokShannon AndersonPleading ExhibitAccepted
10/16/2020PRBRC Exhibit D Declaration of Anton BocekShannon AndersonPleading ExhibitAccepted
10/16/2020PRBRC Exhibit E Declaration of Joanne WestbrookShannon AndersonPleading ExhibitAccepted
10/16/2020PRBRC Exhibit F Correspondence with Jeff BarronShannon AndersonPleading ExhibitAccepted
10/16/2020PRBRC Exhibit G U.S. Senate ReportShannon AndersonPleading ExhibitAccepted
10/16/2020PRBRC Statement of Undisputed Facts Material to the Issue of StandingShannon AndersonPleading ExhibitAccepted
10/20/2020Department of Environmental Quality's Expert Witness DesignationMatt VanWormerPleadingAccepted
10/20/2020Brook Mining Co., LLC Expert Witness DesignationPat CrankPleadingAccepted
10/20/2020Exhibit 1 - Ross ResumePat CrankPleading ExhibitAccepted
10/22/2020Reply to PRBRC's Combined Response in Opposition to Brook Mining Co., LLC's Motion for Summary Judgment for Lack of Standing and Memorandum of Points Pat CrankPleadingAccepted
10/27/2020PRBRC Motion for Summary JudgmentShannon AndersonPleadingAccepted
10/27/2020PRBRC Memo in Support of Summary JudgmentShannon AndersonPleadingAccepted
10/27/2020PRBRC Exhibit A to Motion for Summary JudgmentShannon AndersonPleading ExhibitAccepted
10/27/2020PRBRC Exhibit B to Motion for Summary JudgmentShannon AndersonPleading ExhibitAccepted
10/27/2020PRBRC Exhibit C to Motion for Summary JudgmentShannon AndersonPleading AffidavitAccepted
10/27/2020PRBRC Exhibit D to Motion for Summary JudgmentShannon AndersonPleading ExhibitAccepted
10/27/2020PRBRC Statement of Undisputed Facts Shannon AndersonPleading ExhibitAccepted
10/28/2020Department of Environmental Quality's Motion for Summary JudgmentMatt VanWormerPleadingAccepted
10/28/2020Department of Environmental Quality's Memorandum in Support of Motion for Summary JudgmentMatt VanWormerPleadingAccepted
10/28/2020Department of Environmental Quality's Rule 56.1 Statement of Material FactsMatt VanWormerPleadingAccepted
10/30/2020PRBRC Reply in Support of Cross-Motion for Summary Judgment on the Issue of StandingShannon AndersonPleadingAccepted
10/30/2020PRBRC Ex H Declaration of Jill MorrisonShannon AndersonPleading ExhibitAccepted
10/30/2020PRBRC Exhibit I 733 Petition Denial Letter from OSMREShannon AndersonPleading ExhibitAccepted
10/30/2020PRBRC Exhibit J Rosebud Mine OrderShannon AndersonPleading ExhibitAccepted
11/3/2020Brook's Response and Reply to PRBRC's Reply to Brook Motion for Summary Judgment and PRBRC's Cross-Motion for Summary Judgment, and Brook's Joinder anPat CrankPleadingAccepted
11/3/2020Motion to Strike Affidavit of Gennaro G. Marino, Dated October 23, 2020 Filed as Exhibit C to Powder River Basin Resource Council's Combined Response Pat CrankPleadingAccepted
11/3/2020Brook Mining Co., LLC's Brief in Support of Motion to Strike Affidavit of Gennaro G. Marino, Dated October 23, 2020, filed as Exhibit C to Powder RivePat CrankPleadingAccepted
11/3/2020Exhibit A PRBRC Expert DesignationPat CrankPleading ExhibitAccepted
11/3/2020Exhibit B Review of EAI memoPat CrankPleading ExhibitAccepted
11/3/2020Exhibit C Marino AffidavitPat CrankPleading AffidavitAccepted
11/3/2020Exhibit D Email chainPat CrankPleading ExhibitAccepted
11/3/2020Jim Seward agreed to receive service by emailJim SewardEmail Service AgreementAccepted
11/5/2020Department of Environmental Quality's Joinder in Brook Mining Company, LLC's Motion to Strike Affidavit of Gennaro G. MarinoMatt VanWormerPleadingAccepted
11/9/2020PRBRC Response to Brook Motion to StrikeShannon AndersonPleadingAccepted
11/9/2020Order for Motion HearingJim RubyOrderAccepted
11/9/2020Certificate of ServiceJim RubyCertificate of ServiceAccepted
11/16/2020Department of Environmental Quality's Response in Opposition to the Powder River Basin Resource Council's Cross Motion for Summary JudgmentMatt VanWormerPleadingAccepted
11/16/2020Brook Mining Co., LLC's Reply to the PRBRC's Response to Brook's Motion to Strike Affidavit of Gennaro G. Marino, Dated October 23, 2020, and DepartmePat CrankPleadingAccepted
11/16/2020PRBRC Response to DEQ Motion for Summary JudgmentShannon AndersonPleadingAccepted
11/16/2020Brook Mining Co., LLC's Joinder in Department of Environmental Quality's Response in Oppositoin to the Powder River Basin Resource Council's Cross MotPat CrankPleadingAccepted
11/18/2020Department of Environmental Quality's Joinder in Brook Mining Company, LLC's Motion for Summary Judgment and Brook Mining Company, LLC's Reply to the Matt VanWormerPleadingAccepted
11/18/2020Amended Order for Motion hearing Jim RubyOrderAccepted
11/18/2020Certificate of ServiceJim RubyCertificate of ServiceAccepted
11/30/2020PRBRC Reply in Support of Motion for Summary JudgmentShannon AndersonPleadingAccepted

Exhibits

 ViewDateTitleFiled ByDocument TypeStatus
10/6/2020DEQ 1Matt VanWormerFinal ExhibitAccepted
10/6/2020DEQ 2Matt VanWormerFinal ExhibitAccepted
10/6/2020DEQ 3Matt VanWormerFinal ExhibitAccepted
10/6/2020DEQ 4Matt VanWormerFinal ExhibitAccepted
10/6/2020DEQ 5Matt VanWormerFinal ExhibitAccepted
10/6/2020DEQ 6Matt VanWormerFinal ExhibitAccepted
10/6/2020DEQ 7Matt VanWormerFinal ExhibitAccepted
10/6/2020DEQ 8Matt VanWormerFinal ExhibitAccepted
10/6/2020DEQ 9Matt VanWormerFinal ExhibitAccepted
10/6/2020DEQ 10Matt VanWormerFinal ExhibitAccepted
10/6/2020DEQ 11Matt VanWormerFinal ExhibitAccepted

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