Lisa Madigan
AI
OItNEYGENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph
Chicago, Illinois 60601
Dear, Clerk Gunn :
Enclosed for filing please find the original and ten copies of a NOTICE OF FILING and
MOTION TO LIFT STAY in regard to the above-captioned matter . Please return file-stamped
copies of the documents to our office in the enclosed, self-addressed, stamped envelope .
Thank you for your cooperation and consideration .
Very truly yours,
Thomas Davis, Chief
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
TD/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706 • (217) 782-1090 • TTY : (217) 785-2771 • Fax, (217) 787-7046
100 West Randolph Street, Chicago, Illinois 60601 • (312) 814-3000 • 'TTY
: (312) 814-3374 • Fax : t' I
1001 East Main, Carbondale, Illinois 62901 • (618) 529-6400 • TFY (618) 529-6403 • Fax: (618) 529-6416
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
April 9, 2007
Re: People v. Peabody Coal Company
PCB No. 99-134
RECEIVEDCLERK'S
OFFICE
APR 1 1 2007
Pollution
STATE OF
Control
ILLINOISBoard
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 1 1 200?
PEOPLE OF THE STATE OF ILLINOIS,
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
)
v.
)
PCB NO . 99-134
(Enforcement)
PEABODY COAL COMPANY,
)
a Delaware corporation,
)
Respondent .
)
NOTICE OF FILING
To:
Stephen F . Hedinger
Attorney at Law
2601 South Fifth Street
Springfield, IL 62703
W
. C
. Blanton
Blackwell Sanders Peper Martin LLP
4801 Main Street, Suite 1000
Kansas City, MO 64112
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a MOTION TO LIFT STAY
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Divisl
BY
THOMAS DAVIS, Chief
Assistant Attorney General
500 South Second Street
Environmental Bureau
Springfield, Illinois 62706
217/782-9031
Dated
: April 9, 2007
CERTIFICATE OF SERVICE
I hereby certify that I did on April 9, 2007, send by First Class Mail, with postage thereon fully
prepaid, by depositing in a United States Post Office Box a true and correct copy of the following
instruments entitled NOTICE OF FILING and MOTION TO LIFT STAY
To:
Stephen F. Hedinger
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
W . C . Blanton
Blackwell Sanders Peper Martin LLP
4801 Main Street, Suite 1000
Kansas City, MO 64112
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the same
foregoing instrument(s)
:
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
A copy was also sent by First Class Mail with postage thereon fully prepaid
To:
Brad Halloran
Hearing Officer
Pollution Control Board
James R
. Thompson Center, Ste . 11-500
100 West Randolph
Chicago, IL 60601
Thomas Davis, Chief
Assistant Attorney General
This filing is submitted on recycled paper .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLE
C
WSEIVEDOFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
APR 1 12007
Complainant,
STATE OF ILLINOIS
)
)
Pollution Control
Board
V .
)
PCB NO. 99-134
(Enforcement)
PEABODY
COAL COMPANY, a Delaware )
corporation,
)
Respondent .
)
MOTION TO LIFT STAY
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, and
respectfully moves pursuant to Section 101
.502 of the Board's Procedural Rules to lift the Stay
granted by the September 18, 2003, Order of the Board
. In that Order, the Board had explicitly
noted that the stay "also serves to delay the hearing officer's ruling on complainant's fully-
briefed June 6, 2003 motion for protective order concerning a supplemental filing
." During the
March 1, 2007, status conference with the hearing officer, the parties indicated that a revised
discovery schedule would be jointly proposed and that outstanding discovery issues would be
discussed
. The parties have attempted to do so, but the unresolved motion for protective order
prevents an agreement on outstanding discovery issues
. Therefore, the Complainant requests that
its June 6, 2003 motion for protective order be granted and that the parties be allowed fourteen
(14) days following the hearing officer's ruling to finalize the revised discovery schedule
currently under discussion .
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Stay granted by the September 18, 2003, Order of the Board be lifted, that the
1
hearing officer grant the June 6, 2003 motion for protective order, and that fourteen days be
allowed thereafter for the proposal of a revised discovery schedule
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY: THOMAS
DAVIS
MICHAEL MANKOWSKI
STEPHEN J. JANASIE
Environmental Bureau
Assistant Attorneys General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : 0,47
2
