News Release 136

DEPARTMENT SEEKS BOONVILLE BRIDGE E-MAILS FROM ATTORNEY GENERAL'S OFFICE

Volume 36-136

Contact: Connie Patterson

(For immediate release)

573-751-1010

JEFFERSON CITY, MO, MARCH 17, 2008 -- Today, Missouri Department of Natural Resources Director Doyle Childers requested e-mails related to the Boonville Bridge and the lawsuit from the Attorney General's Office.

At the heart of the department's request is the concern that Attorney General Nixon's Office tried to force the state agency to take over someone else's property at the urging of supporters of his political campaign, according to Childers.  "It really doesn't make any difference if it's a small property owned by a Missourian or a larger property owned by a Missouri business.  If the state doesn't own the property, it shouldn't be taken over by the state," he said.  "We want to see the e-mails that discuss or explain why the Attorney General's Office attempted to force us to take the bridge from Union Pacific, the rightful owner as determined by Missouri courts."

Attorney General Nixon was defeated at every level of court in the state on this issue.  In October, the Missouri Court of Appeals-Western District's findings confirmed the department's position that the State of Missouri has no property interest in the bridge across the Missouri River at Boonville. The Cole County Circuit Court had previously stated the same position.  Most recently, the Missouri Supreme Court declined to hear the case based on the decisions of the two lower courts. 

Childers is concerned by comments made by Nixon spokesman Scott Holste, who told the Associated Press that e-mails in Attorney General Nixon's office are deleted on a regular basis.  The department has also learned that the Attorney General's Office may have engaged in discussions regarding the Boonville Bridge with private groups that are supporting Nixon's campaign before filing its lawsuit against the agency in May 2005.

Childers' request includes the following:

1)      All electronic records related to the Boonville Bridge located in Boonville, Missouri, from December 1, 2004, through March 15, 2008.

2)      All electronic records related to the Boonville Bridge lawsuit filed by the Attorney General's Office in 2005 against Director Childers and the Department of Natural Resources.

3)      All electronic records related to the Attorney General's Office 2005 appeal of a water quality certification issued to the Union Pacific Railroad Company, which is pending in front of the Missouri Clean Water Commission.

4)      All electronic records which discuss or explain why the Attorney General's Office attempted to force the department to take the bridge from Union Pacific, the rightful owner as determined by Missouri courts.

5)      All electronic records that demonstrate how many staff and how much time and expense the Attorney General's Office devoted to the Boonville Bridge litigation referenced in #2 and #3 above.

6)      All timesheets and expense sheets for each AGO staff involved in and related to the Boonville Bridge litigation referenced in #2 and #3 above.

7)      All e-mail sent to or from John Fougere, Mary Still, and Scott Holste, jointly or independently, for the requested period, including e-mail communications with political and environmental groups including, but not limited to, Trailnet, the Audubon Society, the Greenway Network, and the Sierra Club.

8)      All electronic records indicating all outside groups and individuals the Attorney General's Office staff consulted or coordinated with prior to filing the 2005 lawsuit against the department.

Union Pacific plans to move the bridge to the Osage River. Removing a congested transportation bottleneck promises long-term economic benefits and enhanced commerce for Missouri and for the nation.

The Department of Natural Resources has addressed all concerns regarding the removal of the bridge and the integrity of the Katy Trail.  The State of Missouri, with financial assistance from the Missouri Department of Natural Resources, constructed an extra lane on an adjacent highway bridge to provide Katy Trail access over the Missouri River more than a decade ago.

A copy of the department's request is available at http://www.dnr.mo.gov/newsrel/3-17-08letter.pdf.

For news releases on the Web, visit www.dnr.mo.gov/newsrel. For a complete listing of the department's upcoming meetings, hearings and events, visit the department's online calendar at www.dnr.mo.gov/calendar/search.do.

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