Nucor Steel-Arkansas et al v. Big River Steel LLC

Filing 27

LETTER ORDER to all attorneys of record regarding the hearing scheduled in this case to begin at 9:30 a.m. on Friday, January 16, 2015. Signed by Judge J. Leon Holmes on 1/9/2015. (jak)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
RICHARD SHEPPARD ARNOLD UNITED STATES COURTHOUSE
500 WEST CAPITOL AVENUE, SUITE D-469
LITTLE ROCK, ARKANSAS 72201-3325
J. LEON HOLMES

[phone]
FAX: [phone]

UNITED STATES DISTRICT JUDGE

January 9, 2015

Via CM/ECF to
All Attorneys Of Record
Re:

No. 3:14CV0193 JLH
Nucor Steel-Arkansas and Nucor-Yamato Steel Co. v. Big River Steel, LLC

Dear Counselors:
As you know, we have a hearing scheduled to begin at 9:30 a.m., on Friday, January 16,
2015, for the purpose of hearing argument on Big River Steel’s motion to dismiss. I suggest that
forty-five minutes per side should be sufficient time to present the arguments. I also suggest that
we should first hear the arguments on the issues of whether the Clean Air Act authorizes this suit,
whether this suit constitutes a collateral attack on an air permit, whether Nucor has Article III
standing, and whether Nucor’s claims fall outside the zone of interests protected by the Clean Air
Act. I would like to hear first from Big River Steel on those issues, then a response from Nucor
Steel, and then a reply from Big River Steel. Then, if time remains, I would permit arguments on
the remaining issues.
If anyone objects to this protocol, please let me know. If not, please plan your arguments
accordingly.
Respectfully yours,

Leon Holmes
JLH/lkc