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Case TitleNATURAL RESOURCES DEFENSE COUNCIL, INC. v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00315
Date Filed2019-02-07
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffNATURAL RESOURCES DEFENSE COUNCIL, INC.
Case DescriptionThe Natural Resources Defense Council submitted FOIA requests to the EPA, the U.S. Army Corps of Engineers, and the Department of Justice for records concerning the scope and potential consequences of narrowing the definition of waterways protected under the Clean Water Act. NRDC also requested a fee waiver. The agencies acknowledged receipt of the requests, but DOJ rejected NRDC's request because it pertained to the EPA and not DOJ. NRDC filed an administrative appeal of the denial to the Office of Information Policy, which remanded NRDC's request to the Justice Management Division for processing. The Corps of Engineers asked NRDC to clarify its request. NRDC did so. After hearing nothing further from any of the agencies, NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DefendantUNITED STATES ARMY CORPS OF ENGINEERS
TERMINATED: 04/10/2019
DefendantUNITED STATES ARMY CORPS OF ENGINEERS
DefendantUNITED STATES DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-02-071COMPLAINT against UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5934421) filed by NATURAL RESOURCES DEFENSE COUNCIL, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet, # 10 Summons EPA, # 11 Summons Army Corps, # 12 Summons DOJ, # 13 Summons AG, # 14 Summons USAO)(Hammer, Rebecca) (Attachment 9 replaced on 2/7/2019) (zef, ). (Entered: 02/07/2019)
2019-02-072LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATURAL RESOURCES DEFENSE COUNCIL, INC. (Hammer, Rebecca) (Main Document 2 replaced on 2/8/2019) (ztth). (Entered: 02/07/2019)
2019-02-07Case Assigned to Judge Trevor N. McFadden. (zef, ) (Entered: 02/07/2019)
2019-02-073SUMMONS (5) Issued Electronically as to UNITED STATES ARMY CORPS OF ENGINEERS, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 02/07/2019)
2019-02-254NOTICE of Appearance by Johnny Hillary Walker, III on behalf of UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Walker, Johnny) (Entered: 02/25/2019)
2019-02-265NOTICE of Appearance by Roberto Cesar Martens, Jr on behalf of UNITED STATES ARMY CORPS OF ENGINEERS (Martens, Roberto) (Entered: 02/26/2019)
2019-02-266RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/19/2019. Answer due for ALL FEDERAL DEFENDANTS by 3/21/2019. (Attachments: # 1 Exhibit A)(Hammer, Rebecca) (Entered: 02/26/2019)
2019-02-267RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/19/2019. (Attachments: # 1 Exhibit A)(Hammer, Rebecca) (Entered: 02/26/2019)
2019-02-268RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ARMY CORPS OF ENGINEERS served on 2/19/2019; UNITED STATES DEPARTMENT OF JUSTICE served on 2/19/2019; UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 2/25/2019 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hammer, Rebecca) (Entered: 02/26/2019)
2019-03-219ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Walker, Johnny) (Entered: 03/21/2019)
2019-03-21MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before April 22, 2019. Signed by Judge Trevor N. McFadden on 03/21/2019. (lctnm2) Modified on 3/21/2019 to edit year(hmc). (Entered: 03/21/2019)
2019-03-21Set/Reset Deadlines: Joint Status Report due by 4/22/2019. (hmc) (Entered: 03/21/2019)
2019-04-1010STIPULATION of Dismissal Regarding Defendant United States Army Corps of Engineers by UNITED STATES ARMY CORPS OF ENGINEERS. (Martens, Roberto) (Entered: 04/10/2019)
2019-04-10MINUTE ORDER. Upon considering the parties' 10 Stipulation of Dismissal as to Defendant United States Army Corps of Engineers, it is hereby ordered that the Corps is terminated as a defendant in this action. The Plaintiff's action against the Corps is dismissed with prejudice under Federal Rule of Civil Procedure 41 and the terms of the Stipulation. This action will therefore continue with the Environmental Protection Agency and the Department of Justice as the only defendants. Signed by Judge Trevor N. McFadden on 04/10/2019. (lctnm2) (Entered: 04/10/2019)
2019-04-2211Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Walker, Johnny) (Entered: 04/22/2019)
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by FOIA Project Staff
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