Dardanelle, City of et al v. Department of Transportation et al
ORDER: A Final Scheduling Order adopting the proposed schedule will issue. A mutually convenient date during the last week of August for a hearing on the motion to dismiss will be arranged. Signed by Judge D. P. Marshall Jr. on 8/1/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CITY OF DARDANELLE;
YELL COUNTY WILDLIFE FEDERATION
DEPARTMENT OF TRANSPORTATION;
FEDERAL HIGHWAY ADMINISTRATION;
ARKANSAS STATE HIGHWAY &
RIVER VALLEY REGIONAL INTERMODAL
AUTHORITY; and DEPARTMENT OF DEFENSE,
United States Army Corps of Engineers, LiHle
The Court appreciates counsel's attached letter. A Final Scheduling
Order adopting the proposed schedule will issue. A mutually convenient
date during the last week in August for a hearing on the motion to dismiss
will be arranged.
D.P. Marshall Jr.
United States District Judge
RICHARD MAYS LAW FIRM,PLLC
ATTORNEY AT LAW
115 South Third Street - Suite 2
Heber Springs, AR 72543
July 14, 2014
Hon. D. Price Marshall, Jr.
United States District Judge
Richard S. Arnold U.S. Courthouse
600 West Capitol Avenue- Room B155
Little Rock, AR 72201-3325
Cihj of Dardanelle et al v. United States Dept. ofTransportation et al
U.S. District Court, Eastern District of Arkansas, No.4: 14-cv-98-DPM
Dear Judge Marshall:
I represent the Plaintiffs in the captioned case, which is a challenge to a Final
Environmental Impact Statement (FEIS) and subsequent Record of Decision (ROD)
issued relative to a proposed Intermodal transportation facility proposed for
construction on the banks of the Arkansas River near Russellville and Dardanelle. The
Defendants are the Federal Highway Administration of the U.S. Department of
Transportation, the U.S. Army Corps of Engineers, Little Rock Division, the Arkansas
State Highway and Transportation Department, and the River Valley Regional
All of the Defendants have filed Answers to the Complaint, except the Corps of
Engineers, which has filed a Motion to Dismiss the Complaint as to the Corps. The basis
of the Motion to Dismiss, as I understand it, is that the Corps was a "cooperating
agency'' in development of the FEIS/ROD, and not the "lead agency'' that actually
signed the FEIS/ROD, and that it should not be a party. Further, it claims that it is
preparing a supplemental EIS on a portion of the project (the slackwater harbor
compenent) and that it has not yet completed the EIS or issued a ROD on that
component, and the action is premature as to it. The Plaintiffs have responded to the
Motion to Dismiss, and the Corps filed a Reply to the Response.
The issue of whether a "cooperating agency'' is allowed or required to be a party
to a case challenging an EIS/ROD is one that appears to be one of first impression.
Thus, I request the opportunity to argue the Motion to Dismiss if the Court believes that
it could benefit from an oral argument
Also, in the Court's Initial Scheduling Order dated May 5, 2014 (Doc. 25), the
Court stated that it wondered whether the matter is amenable to cross motions for
judgment based on the administrative record. The parties, in their Joint Rule 26(f)
Report filed May 30 (Doc. 29), agreed that the case is amenable to that procedure, and
proposed a schedule for the Defendants' filing of the Administrative Record and
subsequent filings of cross-motions for summary judgment by the parties. The Court
has not entered an order on that schedule, and we might discuss it at the same time to
see if the time frames proposed by the parties are acceptable, and whether the
Defendants are on track to file the Administrative Record on the proposed date.
Thank you for your usual kind consideration of this request
Counsel for Defendants
Mayor Carolyn McGee/City of Dardanelle
Mr. James Woods/Yell Co. Wildlife Fed.
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