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Case TitleCENTER FOR BIOLOGICAL DIVERSITY, INC. v. U.S. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00175
Date Filed2016-02-03
Date ClosedOpen
JudgeChief Judge Beryl A. Howell
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY, INC.
Case DescriptionThe Center for Biological Diversity submitted two FOIA requests to the EPA for records concerning the agency's decision to register Enlist Duo, an herbicide used in industrial agriculture. The agency acknowledged receipt of both requests. The agency provided some records in interim responses and withheld records under Exemption 5 (privileges). The agency also denied the Center's request for a fee waiver. The Center appealed the agency's decisions, but after hearing nothing further from the agency, the Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-02-031COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-4399430) filed by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Environmental Protection Agency Summons, # 3 Summons U.S. Attorney Summons, # 4 Summons U.S. Attorney General Summons)(Atwood, Amy) (Entered: 02/03/2016)
2016-02-032Corporate Disclosure Statement by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Atwood, Amy) (Entered: 02/03/2016)
2016-02-03Case Assigned to Judge Beryl A. Howell. (sth) (Entered: 02/03/2016)
2016-02-033MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Margaret E. Townsend, :Firm- Center for Biological Diversity, :Address- P.O. Box 11374, Portland, OR 97211. Phone No. - (971) 717-6409. Filing fee $ 100, receipt number 0090-4399607. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY, INC. (Attachments: # 1 Declaration Declaration of Margaret Townsend, # 2 Text of Proposed Order)(Atwood, Amy) (Entered: 02/03/2016)
2016-02-034SUMMONS (3) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 02/03/2016)
2016-02-035STANDING ORDER. Signed by Judge Beryl A. Howell on February 3, 2016. (lcbah2) (Entered: 02/03/2016)
2016-02-04MINUTE ORDER (paperless) GRANTING the plaintiff's 3 Motion for Admission of Attorney Pro Hac Vice . Ms. Margaret E. Townsend, Esq., may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Signed by Judge Beryl A. Howell on February 4, 2016. (lcbah2) (Entered: 02/04/2016)
2016-03-176AFFIDAVIT of mailing re 1 Complaint, Affidavit of Service by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Attachments: # 1 Certified Mail Receipts)(Townsend, Margaret) Modified on 3/18/2016 (zrdj). (Entered: 03/17/2016)
2016-04-137NOTICE of Appearance by Jeremy S. Simon on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (Simon, Jeremy) (Entered: 04/13/2016)
2016-04-148Unopposed MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 04/14/2016)
2016-04-14MINUTE ORDER (paperless) GRANTING the defendant's 8 Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Complaint. The defendant shall, by May 16, 2016, answer or otherwise respond to the 1 Complaint. Signed by Chief Judge Beryl A. Howell on April 14, 2016. (lcbah2) (Entered: 04/14/2016)
2016-04-15Set/Reset Deadlines: Answer to the Complaint due by 5/16/2016. (tg) (Entered: 04/15/2016)
2016-04-189NOTICE of Appearance by Tanya Sanerib on behalf of CENTER FOR BIOLOGICAL DIVERSITY, INC. (Sanerib, Tanya) (Entered: 04/18/2016)
2016-05-1610ANSWER to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Simon, Jeremy) (Entered: 05/16/2016)
2016-05-2711Consent MOTION for Extension of Time to File Initial Status Report by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/27/2016)
2016-05-31MINUTE ORDER (paperless) GRANTING the defendant's 11 Consent Motion for Extension of Time for the Parties to File Initial Status Report, and DIRECTING the parties to file, by June 6, 2016, a joint status report, as required by paragraph 3(b)(ii) of the 5 Standing Order. Signed by Chief Judge Beryl A. Howell on May 31, 2016. (lcbah2) (Entered: 05/31/2016)
2016-05-31Set/Reset Deadlines: Joint Status Report due by 6/6/2016. (tg) (Entered: 05/31/2016)
2016-06-0612Joint STATUS REPORT and Proposed Schedule by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 06/06/2016)
2016-06-06MINUTE ORDER (paperless) ISSUING the following SCHEDULING ORDER to control the timing of proceedings in this matter, upon consideration of the parties' 12 Status Report and Proposed Schedule: The defendant shall, by October 21, 2016, file any motion for summary judgment, along with supporting materials documenting the defendant's basis for any withholdings. The plaintiff shall, by November 21, 2016, file any opposition to the defendant's motion, as well as any cross-motion for summary judgment. The defendant shall, by December 21, 2016, file any reply in support of its motion for summary judgment, as well as any opposition to any cross-motion for summary judgment. The plaintiff shall, by January 23, 2017, file any reply in support of any cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on June 6, 2016. (lcbah2) (Entered: 06/06/2016)
2016-06-08Set/Reset Deadlines: Summary Judgment motion due by 10/21/2016; Cross-Motion/Opposition to Motion for Summary Judgment due by 11/21/2016; Opposition to Cross-Motion/Reply to Opposition to Motion for Summary Judgment due by 12/21/2016; Reply to Opposition to Cross Motion due by 1/23/2017. (tg) (Entered: 06/08/2016)
2016-10-1713Joint MOTION for Extension of Time to File And Brief Summary Judgment Motions by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/17/2016)
2016-10-20MINUTE ORDER (paperless) GRANTING the parties' 13 Joint Motion for Extension of Summary Judgment Briefing Deadlines. Accordingly, the Court amends the SCHEDULING ORDER as follows: The defendant shall, by November 21, 2016, file any motion for summary judgment, along with supporting materials documenting the defendant's basis for any withholdings. The plaintiff shall, by December 21, 2016, file any opposition to the defendant's motion, as well as any cross-motion for summary judgment. The defendant shall, by January 23, 2017, file any reply in support of its motion for summary judgment, as well as any opposition to any cross-motion for summary judgment. The plaintiff shall, by February 21, 2017, file any reply in support of any cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on October 20, 2016. (lcbah2) (Entered: 10/20/2016)
2016-10-20Set/Reset Deadlines: Summary Judgment motion and supporting materials documenting the defendant's basis for any withholdings due by 11/21/2016; Cross-Motion and Opposition to Motion for Summary Judgment due by 12/21/2016; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 1/23/2017; Reply to Opposition to Cross Motion due by 2/21/2017. (tg) (Entered: 10/20/2016)
2016-11-0414NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTER FOR BIOLOGICAL DIVERSITY, INC.. Attorney Tanya Sanerib terminated. (Sanerib, Tanya) (Entered: 11/04/2016)
2016-11-1715Consent MOTION for Extension of Time to File Motion for Summary Judgment and to Adjust Related Briefing Deadline by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 11/17/2016)
2016-11-18MINUTE ORDER (paperless) GRANTING the defendant's 15 Consent Motion for Extension of Summary Judgment Briefing Deadlines. Accordingly, the Court amends the SCHEDULING ORDER as follows: The defendant shall, by November 23, 2016, file any motion for summary judgment, along with supporting materials documenting the defendant's basis for any withholdings. The plaintiff shall, by December 23, 2016, file any opposition to the defendant's motion, as well as any cross-motion for summary judgment. The defendant shall, by January 23, 2017, file any reply in support of its motion for summary judgment, as well as any opposition to any cross-motion for summary judgment. The plaintiff shall, by February 21, 2017, file any reply in support of any cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on November 18, 2016. (lcbah2) (Entered: 11/18/2016)
2016-11-18Set/Reset Deadlines: Summary Judgment motion due by 11/23/2016; Cross-Motion/Opposition to Motion for Summary Judgment due by 12/23/2016; Opposition to Cross-Motion/Reply to Opposition to Motion for Summary Judgment due by 1/23/2017; Reply to Opposition to Cross Motion due by 2/21/2017. (tg) (Entered: 11/18/2016)
2016-11-2316MOTION for Summary Judgment , Local Rule 7(h) Statement and Accompanying Memorandum by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Proposed Order, # 2 Declaration of Earl G. Ingram, Jr.)(Simon, Jeremy) (Entered: 11/23/2016)
2016-12-2317Cross MOTION for Summary Judgment by CENTER FOR BIOLOGICAL DIVERSITY, INC. (Attachments: # 1 Text of Proposed Order, # 2 Declaration Brett Hartl, # 3 Declaration Stephanie M. Parent, # 4 Declaration Margaret E. Townsend, # 5 A, # 6 B, # 7 C, # 8 D, # 9 E, # 10 F, # 11 G, # 12 H, # 13 I, # 14 J, # 15 K, # 16 L, # 17 M, # 18 N, # 19 O, # 20 P, # 21 Q, # 22 R, # 23 S, # 24 T, # 25 U, # 26 V, # 27 W, # 28 X, # 29 Y, # 30 Z, # 31 AA, # 32 BB, # 33 CC, # 34 DD, # 35 EE, # 36 FF)(Townsend, Margaret) . (Entered: 12/23/2016)
2016-12-2318Memorandum in opposition to re 16 MOTION for Summary Judgment , Local Rule 7(h) Statement and Accompanying Memorandum filed by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Plaintiff's Response to Defendant's Statement of Facts)(Townsend, Margaret) (Entered: 12/23/2016)
2017-01-1819Consent MOTION for Extension of Time to File Combined Reply and Opposition and to Adjust Remaining Deadline in Briefing Schedule by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 01/18/2017)
2017-01-23MINUTE ORDER (paperless) GRANTING the defendant's 19 Consent Motion for Extension of Time for Defendant to File Combined Reply and Opposition and to Adjust Remaining Deadlines in Briefing Schedule. Accordingly, the Court amends the SCHEDULING ORDER as follows: The defendant shall, by February 14, 2017, file any reply in support of its motion for summary judgment, as well as any opposition to any cross-motion for summary judgment. The plaintiff shall, by April 7, 2017, file any reply in support of any cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on January 23, 2017. (lcbah2) (Entered: 01/23/2017)
2017-01-23Set/Reset Deadlines: Opposition to Cross Motion/Reply to Opposition to Motion for Summary Judgment due by 2/14/2017; Reply to Opposition to Cross Motion due by 4/7/2017. (tg) (Entered: 01/23/2017)
2017-02-0920MOTION for Extension of Time to File Combined Opposition to Cross Motion and Reply in Support of Motion for Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 02/09/2017)
2017-02-0921RESPONSE re 20 MOTION for Extension of Time to File Combined Opposition to Cross Motion and Reply in Support of Motion for Summary Judgment filed by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Attachments: # 1 Attachment A)(Atwood, Amy) (Entered: 02/09/2017)
2017-02-10MINUTE ORDER (paperless) GRANTING the defendant's 20 Motion for Extension of Time for Defendant to File Combined Reply and Opposition, over the plaintiff's objection, in light of the good cause shown by the defendant for the requested extension. Accordingly, the Court amends the SCHEDULING ORDER as follows: The defendant shall, by February 23, 2017, file any reply in support of its motion for summary judgment, as well as any opposition to any cross-motion for summary judgment. The plaintiff shall, by April 7, 2017, file any reply in support of any cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on February 10, 2017. (lcbah2) (Entered: 02/10/2017)
2017-02-10Set/Reset Deadlines: Defendant's Opposition to Cross Motion/Reply to Opposition to Motion for Summary Judgment due by 2/23/2017; Plaintiff's Reply to Opposition to Cross Motion due by 4/7/2017. (tg) (Entered: 02/10/2017)
2017-02-2322Memorandum in opposition to re 17 MOTION for Summary Judgment and Response to Plaintiff's Local Rule 7(h) Statement filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Supplemental Declaration of Earl Ingram, # 2 Proposed Order)(Simon, Jeremy) (Entered: 02/23/2017)
2017-02-2323REPLY to opposition to motion re 16 MOTION for Summary Judgment , Local Rule 7(h) Statement and Accompanying Memorandum (duplicate to Docket Entry 22) filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Supplemental Declaration of Earl Ingram, # 2 Proposed Order)(Simon, Jeremy) (Entered: 02/23/2017)
2017-04-0524REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Townsend, Margaret) (Entered: 04/05/2017)
2017-09-2825ORDER GRANTING in part and DENYING in part the defendant's 16 Motion for Summary Judgment, and GRANTING in part and DENYING in part the plaintiff's 17 Cross-Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on September 28, 2017. (lcbah4) (Entered: 09/28/2017)
2017-09-2826MEMORANDUM OPINION regarding the defendant's 16 Motion for Summary Judgment and the plaintiff's 17 Cross-Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on September 28, 2017. (lcbah4) (Entered: 09/28/2017)
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by FOIA Project Staff