DSHW-2025-001182

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Raymond D. Wixom (#3532)
Assistant Attorney General
DEREK E. BROWN (#10476)
Utah Attorney General
P.O. Box 140873
Salt Lake City, Utah 84114-0873
385-414-0664
[e-mail]
Attorney for Director, Utah Division of Waste Management and Radiation Control

BEFORE THE EXECUTIVE DIRECTOR OF THE
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY

In the Matter of:

JOINT STIPULATION FOR
DISPOSITIVE MOTIONS AND
BRIEFING

Richard D. McKelvie
Administrative Law Judge

Promontory Point Resources, LLC Petition for
Review of Director’s Order Denying Class V
Permit

Docket No. SW416

January 22, 2025

1. Undersigned Counsel for the Petitioner, Promontory Point Resources, LLC, and the
Respondent, the Director of the Division of Waste Management and Radiation Control (the
Parties), agree and stipulate as provided herein.
DISPOSITIVE MOTIONS
2. Dispositive motions shall be filed and served by February 14, 2025.
3. A response to a dispositive motion shall be filed and served by March 6, 2025.
4. A reply to a response to a dispositive motion shall be filed and served by March 18, 2025.
5. If the Parties’ request for oral argument is granted, oral argument shall occur within 30
days after the date on which the last reply to a dispositive motion is due.
BRIEFING ON THE MERITS
6. The Petitioner shall file and serve its opening brief within 30 days after the day on which
the Executive Director has issued a decision on all dispositive motions that does not completely
resolve the issues raised in the Petition for Review.
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7. The Director shall file and serve his reply brief within 15 days after the date on which the
petitioner files and serves the opening brief.
8. The Petitioner may file and serve a reply brief within 15 days after the day on which the
response brief is filed and served.
9. If the Petitioner files and serves a reply brief, the Director may file and serve a surreply
brief within five business days after the day on which the petitioner files and serves the reply
brief.
10. Oral argument shall occur within 30 days after the date on which the surreply brief is due.

DATED this 22nd of January 2025.

TYLER CAHOON

/Signed with permission/ Tyler Cahoon
Tyler Cahoon
Counsel for Promontory Point Resources, LLC
DEREK E. BROWN
ATTORNEY GENERAL

/s/ Raymond D. Wixom
Raymond D. Wixom
Assistant Attorney General
Attorney for the Director of the Division of
Waste Management and Radiation Control

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CERTIFICATE OF SERVICE

I hereby certify that on this 22nd day of January 2025, I caused a copy of the foregoing JOINT
STIPULATION FOR DISPOSITIVE MOTIONS AND BRIEFING to be sent by electronic
mail to the following:

Administrative Proceedings Records Officer
[e-mail]

Richard D. McKelvie
Administrative Law Judge
[e-mail]

Bradley R. Cahoon
Tyler R. Cahoon
Cole P. Crowther
Dentons Durham Jones Pinegar
[e-mail]
[e-mail]
[e-mail]

Raymond Wixom
Assistant Attorney General for Director
[e-mail]

Brenden K. Catt
Assistant Attorney General
[e-mail]

Douglas J. Hansen
Director, Division of Waste Management and Radiation Control
[e-mail]

/s/ Raymond Wixom
Raymond Wixom

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ORDER

PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, IT IS HEREBY
ORDERED that the January 22, 2025, Joint Stipulation for Dispositive Motions and Briefing
shall apply to this case and the briefing schedule is hereby modified in accordance with the
Stipulated Dispositive Motion and Briefing Schedule.

IT IS SO ORDERED.

Dated: _______________ _________________________
Richard D. McKelvie
Administrative Law Judge