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Case Detail

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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00412
Date Filed2019-02-19
Date ClosedOpen
JudgeJudge James E. Boasberg
Case DescriptionWaterLegacy, an advocacy group opposed to sulfide mining in Northern Minnesota, submitted a FOIA request to the EPA for records concerning Region 5's comments on the draft NPDES permit proposed by the Minnesota Pollution Control Agency for the PolyMet Project. The agency acknowledged receipt of the request and asked WaterLegacy to commit to paying $25 in fees. WaterLegacy did so, but after hearing nothing further from the agency, WaterLegacy filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

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User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-02-191COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5952811) filed by WaterLegacy. (Attachments: # 1 Declaration Rule 7.1 Disclosure, # 2 Civil Cover Sheet cover sheet, # 3 Exhibit Ex A Minn-EPA emails, # 4 Exhibit Ex B MPCA notes, # 5 Exhibit Ex C FOIA-related emails, # 6 Summons Atty General Summons, # 7 Summons Agency Summons, # 8 Summons USAO DC Summons)(Dinerstein, Paula) (Attachment 2 replaced on 2/19/2019) (zef, ). Modified on 2/19/2019 (zef, ). (Entered: 02/19/2019)
2019-02-192LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests. (zef, ) (Entered: 02/19/2019)
2019-02-19Case Assigned to Judge James E. Boasberg. (zef, ) (Entered: 02/19/2019)
2019-02-193SUMMONS (3) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 02/19/2019)
2019-03-224NOTICE of Appearance by Matthew Evan Kahn on behalf of All Defendants (Kahn, Matthew) (Entered: 03/22/2019)
2019-03-225Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by U.S. ENVIRONMENTAL PROTECTION AGENCY (Kahn, Matthew) (Entered: 03/22/2019)
2019-03-25MINUTE ORDER GRANTING Consent 5 Motion for Extension of Time. The Court ORDERS that Defendant shall respond to the Complaint by April 3, 2019. So ORDERED by Judge James E. Boasberg on 3/25/2019. (lcjeb1) (Entered: 03/25/2019)
2019-03-25Set/Reset Deadlines: Answer due by 4/3/2019 (lsj) (Entered: 03/25/2019)
2019-04-036ANSWER to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Kahn, Matthew) (Entered: 04/03/2019)
2019-04-04MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by April 18, 2019. So ORDERED by Judge James E. Boasberg on 4/4/2019. (lcjeb3) (Entered: 04/04/2019)
2019-04-04Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 4/18/2019. (znbn) (Entered: 04/04/2019)
2019-04-187Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Kahn, Matthew) (Entered: 04/18/2019)
2019-04-18MINUTE ORDER: The Court ADOPTS the parties' 7 Joint Status Report and ORDERS that the following schedule shall govern subsequent proceedings: 1) Defendant shall file its Motion for Summary Judgment on or before June 3, 2019; 2) Plaintiff shall file its Opposition and/or Cross-Motion for Summary Judgment on or before June 24, 2019; 3) Defendant shall file its Reply and/or Opposition to Plaintiff's Cross-Motion on or before July 15, 2019; and 4) Plaintiff shall file its Reply on or before August 5, 2019. So ORDERED by Judge James E. Boasberg on 4/18/2019. (lcjeb3) (Entered: 04/18/2019)
2019-04-19Set/Reset Deadlines: Summary Judgment motions due by 6/3/2019. Response to Motion for Summary Judgment due by 6/24/2019. Cross Motions due by 6/24/2019. Reply to Motion for Summary Judgment due by 7/15/2019. Response to Cross Motions due by 7/15/2019. Reply to Cross Motions due by 8/5/2019. (znbn) (Entered: 04/19/2019)
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by FOIA Project Staff
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