On June 2, lawyers for the citizens filed a notice that they wanted to question Corps officials before the trial.
In the notice, the lawyers said they wanted to ask the Corps about any discussions concerning the Arch Coal permit held with company officials or representatives of West Virginia's congressional delegation.
On June 9, Rusak filed a motion for a protective order to prevent the deposition. Last week, a hearing on that motion was scheduled for July 1 before U.S. Magistrate Jerry Hogg.
On Tuesday, Rusak asked to delay further briefing and consideration of the protective order motion until Monday.
Rusak also asked for a delay in consideration of the motion to separate the trial, and a motion by the environmentalists to add certain documents to the administrative record of the Corps permit.
Rusak also asked Haden to delay the deadline for filing of the case's pretrial order and proposed findings of fact and conclusions of law. The pretrial order is scheduled to be due today.
Haden did not immediately rule on Rusak's motion.
Also Tuesday, U.S. Office of Surface Mining Director Kathy Karpan issued new guidance that the approximate original contour reclamation rule does not apply to the footprint of valley fills.
To contact staff writer Ken Ward Jr., call 348-1702, or e-mail kw...@wvgazette.com.