FEDERAL COURT, May 4 – A rare 8 am
proceeding by DDC Judge Ana Reyes, Inner City Press live
tweeted it:
OK
- now in DC PRESERVATION LEAGUE v. DEPT OF INTERIOR after
an emergency motion by plaintiffs, DDC Judge Ana Reyes
convened 8 am hearing. Inner City Press is covering the
case(s)- including DDC not unsealing & will live
tweet, thread below
Judge
Ana Reyes: I'm abroad, that's why I'm not currently in a
robe. The Force, it seems, is not with me. I've read
through the papers. Let's see, Mr. Robertson, is this
fundraising pledge authentic?
US lawyer Robertson: I do not know.
Judge
Reyes: My strong inclination is that someone in the
Government has been in communication about whatever is
happening at Hains Point. We now have some smoke and a
little bit of flame. I am going to ask for
communications
US
lawyer: This raises issues of executive privilege...
Judge Reyes: Communications with a non profit, does the
privilege apply? I need to figure out what is actually
happening today, and this week. Mr. [Kevin] Griess [Supt
of National Mall and Memorial Parks]?
Judge
Reyes: Is there is writing anywhere what is going to
happen today? He's going to fix the shrubs and get rid of
the trees?
A: It's in my declaration.
Judge Reyes: Digging things up? Getting rid of trees - is
it written down?
A: No Your Honor.
Judge
Reyes: I have an allegation trees are going to be dug up -
is it only dead or dying trees? Anything beyond tagging
them today?
A: No Your Honor. We'll write things down.
Judge Reyes: What's the time period?
A: As soon as he can do it
Judge
Reyes: Right now, is it business as usual at the park?
A: Yes, uh, yes.
Judge Reyes: Were you going to add anything?
A: Uh, no.
Judge: I ask that when the chief of maintenance gets back
to Mr. Griess, I'd like to know - if there's something
more, alert me
US
lawyer: Mr. Griess has to oversee maintenance.
Judge Reyes: I don't want to oversee the Parks, I'm no Amy
Poehler... I'm not for now imposing a Temporary
Restraining Order but I want to be alerted before any
trees are torn down.
A: There is no plan right now
US
lawyer: There is a grove of dead trees, dead trees are
very dangerous
Plaintiffs' lawyer: This is what the Govt used to justify
cutting down all the willow trees. Cutting trees is the
1st step in building a golf course. We think they plan
hard core construction
Judge
Reyes: Last I was on a golf course was 24 years ago, for
like an hour
Voice: Are we taking about trees on the golf course?
Judge Reyes: How many trees are there on the golf course?
Mr. Robertson, if the plan is to cut down more than 10
trees, let's reconvene
Judge
Reyes: The tree has to be on death's door, not a teenage
tree that has a few dead branches. I don't know trees any
more than I know golf.
US lawyer: Mr. Griess works with tree professionals.
Judge Reyes: So there's no emergency relief, I don't
think
Plaintiffs'
lawyer: I take what they say with a large grain of salt.
Judge Reyes: I want you guys to figure things out on your
own. To be frank, it was three or four am my time when I
got the emergency motion, I'm on the other side of the
world.
US
lawyer: We share your concern at plaintiffs' filing. We
want to make it safe and enjoyable. If plaintiffs are
going to rush to court every time there's a broken window-
Plaintiffs' lawyer: There's nothing about a broken window
or dirty flower bed.
US
lawyer: There is a process for closing a golf course
Plaintiffs' lawyer: You hear what they're saying?
Judge Reyes: What is the process?
Griess: I would issue a notice and it would be closed
Judge Reyes: Are you currently determining this?
A: Not right now
Judge
Reyes: Wait - were there signs on the golf course
yesterday, about closures?
A: Not that I'm aware.
Judge Reyes: I'm just getting information that there were
closure signs up yesterday- hold on one moment
Long
pause - Googling?
Judge
Reyes is back, says: Can anyone go out and check?
Apparently there were signs up.
US lawyer: I'm not aware of any signs. Should any closure
be necessary, we'd make that formal decision.
Judge Reyes: You agree with that the sign would be final
agency action?
Judge
Reyes: So if there's doing to be a closure, I want the
plaintiffs to be informed with enough time to seek relief.
Given some of the issues around the District recently,
we're not going to have act first and ask forgiveness
later.
US: Ordinary maintenance
Plaintiffs'
lawyer: We've already had a little, I'll be charitable,
miscommunications. Your Honor was explicit about what
should be in the record. But they are not going to produce
them?
Judge Reyes: What documents?
Plaintiffs' lawyer: We got nothing about dumping
Plaintiffs'
lawyer: Both sides have travel plans. So we established a
briefing schedule.
Judge Reyes: If you want to move up the timing, tell me,
Mr. Bardwell. I've told Mr. Robertson, to pretend to
follow the rules then not is not going to go over with
me.
Plaintiffs'
lawyer: Giant construction equipment might show up
Judge Reyes: Anything larger than a van, I want the
plaintiffs to have notice
Plaintiffs' lawyer: Before we jump off, I want to talk a
little about the dirt
Judge Reyes: Briefing schedule first
Judge
Reyes: Maybe this fundraising is coming from the White
House and not the agency, I want to find out what's
happening. I don't want to get to a hearing date, order
documents and it takes a month. Mr. Bardwell, you can
subpoena. On pollution?
US
lawyer: Not much more dirt coming. A bit more from the
Ballroom-
Plaintiffs' lawyer: This is why NEPA exists! We've got
more dirt than we were told - 37,000 cubic yards and
counting. I'm not sleeping at night-
Judge Reyes: I'm not either, you filed the motion
Judge
Reyes: Mr. Robertson has a great deal of credibility with
me from Day 1. I'm not going to issue a TRO until your
expert checks it. I'm not going to have them dig it up -
I'm not sure I even have the power to do so. There is
nothing I love more than experts
Judge
Reyes: I'm a total nerd that way... Here, I feel there is
a plan being developed through the White House, Here's
what we want going forward. It goes beyond what's been
disclosed. When I make a final decision, it will be based
on that. I want communications
Griess:
I just got a report, there are no signs.
Judge Reyes: Thank the person that went up there for me.
If you find signs you did not put up, please alert Mr.
Robertson.
Griess: Yes Your Honor.
Judge Reyes: I tell people to meet and confer.
Judge
Reyes: Tell Mr. Robertson before you file an emergency
motion. My clerk is going to email you a cell phone number
to call, it's just a fluke we saw the motion. I understand
why you were alarmed by the foundation letter.
Plaintiffs' lawyer: We will do that
Adjourned
- will stay on the case(s)
