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Case TitleENERGY & ENVIRONMENT LEGAL INSTITUTE et al v. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00538
Date Filed2014-04-01
Date Closed2014-11-13
JudgeJudge Tanya S. Chutkan
PlaintiffENERGY & ENVIRONMENT LEGAL INSTITUTE
PlaintiffFREE MARKET ENVIRONMENTAL LAW CLINIC
Case DescriptionThe Energy & Environment Legal Institute submitted a FOIA request to EPA for copies of emails, text messages, or instant messages sent to or from the Office of Water containing certain words, including selenium. The Institute also requested a fee waiver. The agency acknowledged receipt of the request and denied the Institute's request for a fee waiver. The agency indicated it would not process the request further without a commitment to pay fees or unless the Institute narrowed the scope of its request. After discussions about narrowing the scope of the request, the agency indicated it would provide a fee estimate for the revised scope of the request. However, after hearing nothing further from the agency, the Institute filed suit.
Complaint issues: fee waiver, disclosure of non-exempt records, production of Vaughn index, attorney's fees

DefendantENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-04-011COMPLAINT ENERGY & ENVIRONMENT LEGAL INSTITUTE, et al. against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-3670280) filed by ENERGY & ENVIRONMENT LEGAL INSTITUTE. (Attachments: # 1 Civil Cover Sheet Civil cover sheet, # 2 Summons Summons USAG, # 3 Summons Summons EPA, # 4 Summons Summons Civil Process Clerk, # 5 Declaration EELI Corporate Disclosure Statement, # 6 Declaration FME Law Corporate Disclosure Statement)(Horner, Christopher) (Entered: 04/01/2014)
2014-04-01Case Assigned to Judge Rudolph Contreras. (kb) (Entered: 04/01/2014)
2014-04-012LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by ENERGY & ENVIRONMENT LEGAL INSTITUTE (Horner, Christopher) (Entered: 04/01/2014)
2014-04-013LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests None by FREE MARKET ENVIRONMENTAL LAW CLINIC (Horner, Christopher) (Entered: 04/01/2014)
2014-04-014SUMMONS Issued (3) Electronically as to ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(kb) (Entered: 04/01/2014)
2014-04-055First MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David W. Schnare, :Firm- Free Market Environmental Law Clinic, :Address- 9033 Brook Ford Road Burke VA 22015. Phone No. - 571-243-7975. Motion for Leave to Appear Pro Hac Vice and Declaration filed by ENERGY & ENVIRONMENT LEGAL INSTITUTE (Attachments: # 1 Declaration Declaration of David W. Schnare for admission pro hac vice)(Horner, Christopher) (Entered: 04/05/2014)
2014-04-056NOTICE CONSENT AND REFERENCE OF A CIVIAL ACTION TO A MAGISTRATE JUDGE by ENERGY & ENVIRONMENT LEGAL INSTITUTE (Horner, Christopher) (Entered: 04/05/2014)
2014-04-08MINUTE ORDER finding as moot 5 Motion for Leave to Appear Pro Hac Vice. David W. Schnare was admitted to the U.S. District Court for the District of Columbia bar, effective April 7, 2014. As such, his motion for leave to appear pro hac vice is MOOT. It is hereby ORDERED that David W. Schnare shall enter a notice of appearance on behalf of the plaintiffs in this case. SO ORDERED. Signed by Judge Rudolph Contreras on 04/08/2014. (lcrc1) (Entered: 04/08/2014)
2014-04-217RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ENVIRONMENTAL PROTECTION AGENCY served on 4/8/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/09/2014., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/9/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 5/9/2014.) (Horner, Christopher) (Entered: 04/21/2014)
2014-05-098ANSWER to Complaint by ENVIRONMENTAL PROTECTION AGENCY.(Guzman, Javier) (Entered: 05/09/2014)
2014-05-09MINUTE ORDER: It is hereby ORDERED that the parties shall meet and confer and submit a joint status report including a proposed briefing schedule, on or before May 23, 2014. SO ORDERED. Signed by Judge Rudolph Contreras on 05/09/2014. (lcrc1) (Entered: 05/09/2014)
2014-05-16Set Deadlines: Joint Status Report due by 5/23/2014 (tj ) (Entered: 05/16/2014)
2014-05-229Unopposed MOTION for Extension of Time to File Joint Status Report by ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Guzman, Javier) (Entered: 05/22/2014)
2014-05-23MINUTE ORDER granting 9 Motion for Extension of Time. Upon consideration of defendant's unopposed motion for extension of time to file the parties' Joint Status Report, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that the parties shall have until May 30, 2014, to file their Joint Status Report. SO ORDERED. Signed by Judge Rudolph Contreras on 05/23/2014. (lcrc1) (Entered: 05/23/2014)
2014-05-3010STATUS REPORT (JOINT) by ENVIRONMENTAL PROTECTION AGENCY. (Guzman, Javier) (Entered: 05/30/2014)
2014-05-30MINUTE ORDER: It is hereby ORDERED that the following briefing schedule shall govern the proceedings in this case: Defendant's motion for summary judgment is due October 14, 2014; Plaintiffs' opposition and cross-motion for summary judgment is due December 2, 2014; Defendant's reply is due December 22, 2014; and Plaintiffs' reply is due January 12, 2015. SO ORDERED. Signed by Judge Rudolph Contreras on 05/30/2014. (lcrc1) (Entered: 05/30/2014)
2014-05-30Reset Deadlines: Cross Motions due by 12/2/2014. Response to Cross Motions due by 12/22/2014. Reply to Cross Motions due by 1/12/2015. Summary Judgment motions due by 10/14/2014. Response to Motion for Summary Judgment due by 12/2/2014. Reply to Motion for Summary Judgment due by 12/22/2014. (tj) (Entered: 05/30/2014)
2014-06-10Case reassigned to Judge Tanya S. Chutkan. Judge Rudolph Contreras no longer assigned to the case. (ztnr, ) (Entered: 06/10/2014)
2014-09-1811NOTICE OF SUBSTITUTION OF COUNSEL by Alexander Daniel Shoaibi on behalf of ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney Javier M. Guzman (Shoaibi, Alexander) (Entered: 09/18/2014)
2014-10-1412NOTICE of Settlement by ENVIRONMENTAL PROTECTION AGENCY (Shoaibi, Alexander) (Entered: 10/14/2014)
2014-10-1513ORDER OF DISMISSAL: Dismissing this action without prejudice based on notification from the parties that this action has settled. If settlement is not consummated, either party may reopen the action until 11/15/14, upon motion approved by the Court. Should counsel fail to move to reopen the case within the prescribed period, the case shall, without further order, stand dismissed with prejudice. Signed by Judge Tanya S. Chutkan on 10/15/14. (DJS) (Entered: 10/15/2014)
2014-11-0714STIPULATION of Settlement and Dismissal by ENVIRONMENTAL PROTECTION AGENCY. (Shoaibi, Alexander) (Entered: 11/07/2014)
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by FOIA Project Staff
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