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Case TitleENERGY & ENVIRONMENT LEGAL INSTITUTE et al v. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01356
Date Filed2014-08-08
Date Closed2015-03-11
JudgeJudge Rosemary M. Collyer
PlaintiffENERGY & ENVIRONMENT LEGAL INSTITUTE
PlaintiffFREE MARKET ENVIRONMENTAL LAW CLINIC
Case DescriptionThe Energy & Environmental Legal Institute submitted two FOIA requests to the EPA. The first request was for electronic records sent to former Senior Policy Counsel Robert Sussman related to the HQ-Dimock group. The Institute also requested a fee waiver. The agency responded by denying the fee waiver, but indicated that there would likely be no costs associated with the request. The second request was for electronic records to or from Administrator Gina McCarthy or her assistants that were to or from Francesca Grifo and referred to scientific integrity. The Institute also requested a fee waiver, which was initially denied. However, the agency granted the fee waiver after the Institute appealed. After hearing nothing further from the agency pertaining to either request, the Institute filed suit.
Complaint issues: Failure to respond within statutory time limit

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

2014-08-081COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY EPA ( Filing fee $ 400 receipt number 0090-3804740) filed by ENERGY & ENVIRONMENT LEGAL INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Summons EPA, # 3 Summons Summons USAG, # 4 Summons Summons USAO)(Horner, Christopher) (Entered: 08/08/2014)
2014-08-082LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (NONE) FILED by ENERGY & ENVIRONMENT LEGAL INSTITUTE (Horner, Christopher) (Entered: 08/08/2014)
2014-08-083LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (NONE) FILED by FREE MARKET ENVIRONMENTAL LAW CLINIC (Horner, Christopher) (Entered: 08/08/2014)
2014-08-08Case Assigned to Judge Rosemary M. Collyer. (md, ) (Entered: 08/11/2014)
2014-08-114SUMMONS (3) Issued Electronically as to ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Notice of Consent, # 4 Consent Form) (md, ) (Entered: 08/11/2014)
2014-08-115AMENDED COMPLAINT FILED, AMENDED against ENVIRONMENTAL PROTECTION AGENCY filed by ENERGY & ENVIRONMENT LEGAL INSTITUTE.(Horner, Christopher) (Entered: 08/11/2014)
2014-09-176Consent MOTION for Extension of Time to File Answer re 1 Complaint, by ENVIRONMENTAL PROTECTION AGENCY (Haynes, Fred) (Entered: 09/17/2014)
2014-09-18MINUTE ORDER granting 6 Defendant's Consent Motion for Extension of Time. No later than September 18, 2014, Defendant shall file an Answer/Response to 1 Plaintiffs' Complaint. Signed by Judge Rosemary M. Collyer on 9/18/2014. (lcrmc1) (Entered: 09/18/2014)
2014-09-18Set/Reset Deadlines/Hearings: Answer/Response to complaint due by 9/18/2014. (cdw) (Entered: 09/18/2014)
2014-09-187ANSWER to 5 Amended Complaint by ENVIRONMENTAL PROTECTION AGENCY. Related document: 5 Amended Complaint filed by ENERGY & ENVIRONMENT LEGAL INSTITUTE.(Haynes, Fred) (Entered: 09/18/2014)
2014-09-19MINUTE ORDER. No later than October 3, 2014, the parties shall file a joint proposed briefing schedule. Signed by Judge Rosemary M. Collyer on 9/19/2014. (lcrmc1) (Entered: 09/19/2014)
2014-09-19Set/Reset Deadlines/Hearings: Joint proposed briefing schedule due by 10/3/2014. (cdw) (Entered: 09/19/2014)
2014-10-038NOTICE of Proposed Briefing Schedule by ENVIRONMENTAL PROTECTION AGENCY (Haynes, Fred) (Entered: 10/03/2014)
2014-10-06MINUTE ORDER. Pursuant to the 8 Proposed Briefing Schedule, it is hereby ordered that Defendant shall produce the documents responsive to Plaintiffs' FOIA requests no later than 12/4/14; Defendant's Motion for Summary Judgment and Vaughn index shall be filed no later than 12/19/14; Plaintiffs' Opposition/Cross-Motion for Summary Judgment shall be filed no later than 1/23/15; Defendant's Opposition/Reply shall be filed no later than 2/6/15; and Plaintiffs' Reply shall be filed no later than 2/23/15. Signed by Judge Rosemary M. Collyer on 10/6/14. (lcrmc1) (Entered: 10/06/2014)
2014-10-06Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion & vaughn index due by 12/19/2014. Response to Motion for Summary Judgment due by 1/23/2015. Reply to Motion for Summary Judgment due by 2/6/2015. Plaintiffs' Cross Motion due by 1/23/2015. Response to Cross Motions due by 2/6/2015. Reply to Cross Motions due by 2/23/2015. (cdw) (Entered: 10/07/2014)
2014-12-049Consent MOTION for Extension of Time to Release Documents to Plaintiffs by ENVIRONMENTAL PROTECTION AGENCY (Haynes, Fred) (Entered: 12/04/2014)
2014-12-05MINUTE ORDER granting 9 Defendant's Consent Motion for Brief Extension of Time for Defendant to Release Documents to Plaintiff. The Defendant shall complete its document production to Plaintiff no later than December 10, 2014. Signed by Judge Rosemary M. Collyer on December 5, 2014. (lcrmc1) (Entered: 12/05/2014)
2014-12-05Set/Reset Deadlines/Hearings: Document production to Plaintiff due by 12/10/2014. (cdw) (Entered: 12/08/2014)
2014-12-1910CONSENT MOTION for Extension of Time by ENVIRONMENTAL PROTECTION AGENCY (rdj) (Entered: 12/22/2014)
2014-12-22MINUTE ORDER granting 10 Defendant's Consent Motion for Extension of Time. Defendant shall file its motion for summary judgment no later than January 9, 2015. Signed by Judge Rosemary M. Collyer on December 22, 2014. (lcrmc1) (Entered: 12/22/2014)
2014-12-22Set/Reset Deadline: Summary Judgment motion due by 1/9/2015. (tth) (Entered: 12/22/2014)
2015-01-0911Consent MOTION for Extension of Time to File Motion for Summary Judgment by ENVIRONMENTAL PROTECTION AGENCY (Haynes, Fred) (Entered: 01/09/2015)
2015-01-09MINUTE ORDER granting 11 Defendant's Consent Motion for Extension of Time. Defendant shall file its motion for summary judgment no later than January 16, 2015. Signed by Judge Rosemary M. Collyer on January 9, 2015. (lcrmc1) (Entered: 01/09/2015)
2015-01-09Set/Reset Deadlines : Defendant's Motion for Summary Judgment due by 1/16/15. (kk) (Entered: 01/09/2015)
2015-01-1612Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by ENVIRONMENTAL PROTECTION AGENCY (Haynes, Fred) (Entered: 01/16/2015)
2015-01-20MINUTE ORDER granting 12 Defendant's Consent Motion for Extension of Time. Defendant shall file its motion for summary judgment no later than January 27, 2015. Signed by Judge Rosemary M. Collyer on January 20, 2015. (lcrmc1) (Entered: 01/20/2015)
2015-01-20Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 1/27/2015. (cdw) (Entered: 01/21/2015)
2015-01-2713Consent MOTION for Extension of Time to File Summary Judgment Motion and Related Filings by ENVIRONMENTAL PROTECTION AGENCY (Haynes, Fred) (Entered: 01/27/2015)
2015-01-28MINUTE ORDER granting in part and denying in part 13 Consent Motion for Further Extension of Time. Defendant's Motion for Summary Judgment and Vaughn index shall be filed no later than 2/2/15; Plaintiffs' Opposition shall be filed no later than 3/4/15; Defendant's Reply shall be filed no later than 3/18/15. The Court finds it exceedingly rare that a FOIA case requires dual briefing as proposed. Signed by Judge Rosemary M. Collyer on January 28, 2015. (lcrmc1) (Entered: 01/28/2015)
2015-01-28Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 2/2/2015. Response to Motion for Summary Judgment due by 3/4/2015. Reply to Motion for Summary Judgment due by 3/18/2015. Vaughn Index due by 2/2/2015. (cdw) (Entered: 01/29/2015)
2015-02-0214Consent MOTION for Extension of Time to File Motion for Summary Judgment by ENVIRONMENTAL PROTECTION AGENCY (Haynes, Fred) (Entered: 02/02/2015)
2015-02-03MINUTE ORDER granting in part and denying in part 14 Consent Motion for Further Extension of Time. Defendant's Motion for Summary Judgment and Vaughn index shall be filed no later than 2/5/15; Plaintiffs' Opposition shall be filed no later than 3/9/15; Defendant's Reply shall be filed no later than 3/23/15. Pursuant to the Minute Order dated January 28, 2015, Plaintiffs may not file a cross motion for summary judgment. No further extensions will be granted. Signed by Judge Rosemary M. Collyer on February 3, 2015. (lcrmc1) (Entered: 02/03/2015)
2015-02-03Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 2/5/2015. Response to Motion for Summary Judgment due by 3/9/2015. Reply to Motion for Summary Judgment due by 3/23/2015. Vaughn Index due by 2/5/2015. (cdw) (Entered: 02/04/2015)
2015-02-0515MOTION for Summary Judgment by ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Exhibit A - Hope Declaration, # 2 Exhibit B - Vaughn Index)(Haynes, Fred) (Entered: 02/05/2015)
2015-03-0916STIPULATION IN RESOLUTION OF CASE by ENERGY & ENVIRONMENT LEGAL INSTITUTE. (Horner, Christopher) (Entered: 03/09/2015)
2015-03-0917Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment to Enlarge Time for Plaintiffs to Respond to Defendant MSJ by ENERGY & ENVIRONMENT LEGAL INSTITUTE (Attachments: # 1 Text of Proposed Order Draft Order Enlarging Time for Plaintiffs to Respond to Defendant MSJ)(Horner, Christopher) (Entered: 03/09/2015)
2015-03-10MINUTE ORDER denying 15 Motion for Summary Judgment without prejudice as moot. The date for Plaintiff's opposition to the 15 Motion for Summary Judgment is vacated in light of the parties' notice of settlement and the 17 Consent Motion to Enlarge Time is found to be moot. Signed by Judge Rosemary M. Collyer on March 10, 2015. (lcrmc1) (Entered: 03/10/2015)
2015-03-1018ORDER. Having been advised that this action has been settled, this case is dismissed. The dismissal is without prejudice from now through April 24, 2015, and with prejudice thereafter, absent further action by either party. Signed by Judge Rosemary M. Collyer on March 10, 2015. (lcrmc1) (Entered: 03/10/2015)
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