Dardanelle, City of et al v. Department of Transportation et al

Filing 58

ORDER denying without prejudice 52 Motion to Reconsider. The 57 request for a stay is granted. First joint report due by 7 January 2015. Second joint report due by 20 March 2015. At the minimum, the Court needs to know the Corps' expected da te for its ROD. And in the second joint report, the parties must propose a new schedule for handling the case on the merits. The Court will, if necessary, revisit whether the Corps should be a party after the Federal Highway Administration completes its reevaluation. The Court remains open for Plaintiffs to seek some kind of emergency relief if the need arises. Signed by Judge D. P. Marshall Jr. on 11/18/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CITY OF DARDANELLE and
YELL COUNTY WILDLIFE FEDERATION

v.

PLAINTIFFS

No. 4:14-cv-98-DPM

DEPARTMENT OF TRANSPORTATION;
FEDERAL HIGHWAY ADMINISTRATION;
ARKANSAS STATE HIGHWAY &
TRANSPORTATION DEPARTMENT;
RIVER VALLEY REGIONAL INTERMODAL
AUTHORITY; and DEPARTMENT OF DEFENSE,
United States Army Corps of Engineers,
Little Rock District

DEFENDANTS

ORDER
Plaintiffs' motion to reconsider whether the Corps should be a
defendant, Ng 52, is denied without prejudice. The recent unopposed motion
to stay makes plain that some pieces are still moving in the various federal
agencies' decisionmaking on the project. The unopposed request for a stay,
NQ 57, is granted. This is the most prudent step in the circumstances. First joint

report due by 7 January 2015. Second joint report due by 20 March 2015. If the
Corps' Record of Decision were completed by March, things would be much
clearer. In any event, and at the minimum, the Court needs to know the
Corps' expected date for its ROD. And in the second joint report, the parties

must propose a new schedule for handling the case on the merits. The Court
will, if necessary, revisit whether the Corps should be a party after the Federal
Highway Administration completes its Reevaluation. The Court takes the
Federal Defendants at their word that, during the stay, no federal funding will
be approved or spent for construction-related activities, and no work onsite
will be done, on the project. The Court remains open for Plaintiffs to seek
some kind of emergency relief if the need arises. Case stayed until further
Order.
So Ordered.
D.P. M~rshall Jt.
United States District Judge

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