IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX COMMISSIONER OF THE DEPARTMENT : CIVIL ACTION OF PLANNING AND NATURAL : RESOURCES, ALICIA V. BARNES, : et al. : : v. : : CENTURY ALUMINUM COMPANY, : et al. : NO. 05-62 ORDER AND NOW, this 18th day of December, 2012, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motion of defendants HOVENSA, LLC and Hess Oil Virgin Islands Corporation to exclude the expert report and testimony of Vance P. Vicente, Ph.D. (Doc. #1222) is GRANTED as to the stunted mangroves, the causes of the injured and absent seagrasses, and the areal extent of injuries and otherwise DENIED. BY THE COURT: /s/ Harvey Bartle III HARVEY BARTLE III J. SITTING BY DESIGNATION Case: 1:05-cv-00062-HB Document #: 1308 Filed: 12/18/12 Page 1 of 1