United States of America v. Ameren Missouri

Filing 118

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Ameren's motion to compel the 24 emissions forecast documents identified in EPAs Privilege Log is DENIED. Signed by District Judge Rodney W. Sippel on 2/15/13. (LAH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
vs.
AMEREN MISSOURI,
Defendant.

)
)
)
)
)
)
)
)
)

Case No. 4:11 CV 77 RWS

MEMORANDUM AND ORDER
On December 19, 2013, I held a hearing on Defendant Ameren Missouri’s motions
to compel [#93 and #100]. Following the hearing, I ordered the EPA to provide me the
24 emissions forecast documents identified in its Privilege Log for in camera review.
After reviewing the emissions forecasts, I find the documents to be ordinary work
product. Because Ameren has not demonstrated a substantial need for the emissions
forecasts, they are not discoverable. See Baker v. General Motors Corp., 2090 F.3d 1051,
1054 (8th Cir. 2000) (“Ordinary work product is not discoverable unless the party
seeking discovery has a substantial need for the materials and the party cannot obtain the
substantial equivalent of the materials by other means.”). Of course, if at any time the
EPA relies on these forecasts or waives its privilege by putting them at issue, I will revisit
this issue of whether they are discoverable.
Accordingly,

IT IS HEREBY ORDERED that Ameren’s motion to compel the 24 emissions
forecast documents identified in EPA’s Privilege Log is DENIED.

_________________________________
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 15th day of February, 2013.