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Case TitleNatural Resources Defense Council, Inc. v. United States Environmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2016cv02156
Date Filed2016-03-23
Date Closed2017-08-31
JudgeJudge Valerie E. Caproni
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the EPA's Chicago office for records concerning the agency's oversight and monitoring of the Michigan Department of Environmental Quality's drinking water program and the extent of EPA's knowledge of or involvement with the Michigan Department of Environmental Quality's oversight of Flint's monitoring of lead levels in drinking water. After hearing nothing further from the agency, NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Environmental Protection Agency
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-03-231COMPLAINT against United States Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number 0208-12101873)Document filed by Natural Resources Defense Council, Inc..(Knicley, Jared) (Entered: 03/23/2016)
2016-03-232CIVIL COVER SHEET filed. (Knicley, Jared) (Entered: 03/23/2016)
2016-03-233REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc.. (Knicley, Jared) (Entered: 03/23/2016)
2016-03-234MOTION for Jared Eldridge Knicley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12101999. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit VA Certificate of Good Standing, # 2 Exhibit DC Certificate of Good Standing, # 3 Text of Proposed Order)(Knicley, Jared) (Entered: 03/23/2016)
2016-03-235RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc..(Knicley, Jared) (Entered: 03/23/2016)
2016-03-23>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4 MOTION for Jared Eldridge Knicley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12101999. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 03/23/2016)
2016-03-236NOTICE OF APPEARANCE by Nancy Sharman Marks on behalf of Natural Resources Defense Council, Inc.. (Marks, Nancy) (Entered: 03/23/2016)
2016-03-24CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (dgo) (Entered: 03/24/2016)
2016-03-24Magistrate Judge Kevin Nathaniel Fox is so designated. (dgo) (Entered: 03/24/2016)
2016-03-24Case Designated ECF. (dgo) (Entered: 03/24/2016)
2016-03-247ELECTRONIC SUMMONS ISSUED as to United States Environmental Protection Agency. (dgo) (Entered: 03/24/2016)
2016-03-318AFFIDAVIT OF SERVICE. United States Environmental Protection Agency served on 3/29/2016, answer due 5/31/2016. Service was made by MAIL. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Knicley, Jared) (Entered: 03/31/2016)
2016-04-019NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/22/2016 at 10:00 AM in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/1/2016) (mro) (Entered: 04/04/2016)
2016-04-0110ORDER FOR ADMISSION PRO HAC VICE granting 4 Motion for Jared Eldridge Knicley to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 4/1/2016) (mro) (Entered: 04/04/2016)
2016-04-0411NOTICE OF APPEARANCE by Christine Schessler Poscablo on behalf of United States Environmental Protection Agency. (Poscablo, Christine) (Entered: 04/04/2016)
2016-04-1512JOINT LETTER addressed to Judge Valerie E. Caproni from Christine S. Poscablo dated April 15, 2016 re: Request for an Adjournment of Initial Pretrial Conference. Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 04/15/2016)
2016-04-1813MEMO ENDORSEMENT on re: 12 Letter request for an adjournment of the initial pretrial conference, filed by United States Environmental Protection Agency. ENDORSEMENT: Request GRANTED, in part. The initial pretrial conference currently scheduled for April 22, 2016 at 10:00 a.m. in ADJOURNED until May 13, 2016 at 10:00 a.m. The joint letter as described in the Court's April 1, 2016 Notice of Initial Pretrial Conference (Dkt. 9) is ADJOURNED until May 6, 2016. (Initial Conference set for 5/13/2016 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/18/2016) (tro) (Entered: 04/19/2016)
2016-04-2714ANSWER to 1 Complaint. Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 04/27/2016)
2016-05-0615JOINT LETTER addressed to Judge Valerie E. Caproni from Jared E. Knicley and Christine S. Poscablo dated May 6, 2016 re: Initial Pretrial Conference. Document filed by Natural Resources Defense Council, Inc..(Knicley, Jared) (Entered: 05/06/2016)
2016-05-13Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 5/13/2016. See order for scheduling and deadlines set by the Court. (Court Reporter Carol Ganley) (Brantley, Michael) (Entered: 05/13/2016)
2016-05-1416ORDER: Pursuant to the May 13, 2016 conference, it is HEREBY ORDERED that: 1. The United States Environmental Protection Agency ("EPA") should interpret broadly any expedited FOIA request ("Expedited Request") to which it is currently responding to overlap with the Plaintiff's requests; 2. EPA must continue to promptly produce to Plaintiff any documents that are responsive to Plaintiff's requests as those documents are being produced in response to an Expedited Request; 3. The parties must identify those requests that do not overlap with an Expedited Request and discuss whether they can agree on a time frame for production of those documents. On or before June 27, 2016, the parties must file a joint letter updating the Court on the status of the production of documents that are responsive to Plaintiff's request and one or more Expedited Request and on the progress the parties have made towards agreeing on a reasonable production schedule for the documents requested by Plaintiff that do not overlap with an Expedited Request. (Signed by Judge Valerie E. Caproni on 5/14/2016) (mro) (Entered: 05/16/2016)
2016-06-2417JOINT LETTER addressed to Judge Valerie E. Caproni from Christine S. Poscablo dated June 24, 2016 re: Status Update and Proposed Stipulated Production Schedule in Response to FOIA Request. Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 06/24/2016)
2016-06-2818MEMO ENDORSEMENT on re: 17 Letter, filed by United States Environmental Protection Agency. ENDORSEMENT: Defendant must file quarterly reports regarding the status and progress of discovery, with the first report due on or before September 20, 2016. (Signed by Judge Valerie E. Caproni on 6/28/2016) (tn) (Entered: 06/28/2016)
2016-09-2019STATUS REPORT. Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 09/20/2016)
2016-12-2020STATUS REPORT. Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 12/20/2016)
2017-03-1521STATUS REPORT. and Request for Permission to File Another Status Report on or before May 15, 2017 Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 03/15/2017)
2017-03-1522STATUS REPORT. Addendum and Request for Permission to File Another Status Report on or before June 15, 2017 Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 03/15/2017)
2017-03-1623MEMO ENDORSEMENT on re: 22 Status Report filed by United States Environmental Protection Agency. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/16/2017) (ap) (Entered: 03/17/2017)
2017-06-1324STATUS REPORT. and Request for Permission to Submit a Stipulation or Request a Briefing Schedule by August 21, 2017 Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 06/13/2017)
2017-07-2425MEMO ENDORSEMENT on re: 24 Status Report filed by United States Environmental Protection Agency. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/24/2017) (rj) (Entered: 07/25/2017)
2017-08-2126STATUS REPORT. Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 08/21/2017)
2017-08-2427MEMO ENDORSEMENT on re: 26 Status Report filed by United States Environmental Protection Agency. ENDORSEMENT: Application GRANTED. (Signed by Judge Valerie E. Caproni on 8/24/2017) (kgo) (Entered: 08/24/2017)
2017-08-3128LETTER addressed to Judge Valerie E. Caproni from Christine S. Poscablo dated August 31, 2017 re: Proposed Stipulation and Order. Document filed by United States Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Poscablo, Christine) (Entered: 08/31/2017)
2017-08-31***DELETED DOCUMENT. Deleted document number 29 sTIPULATION AND ORDER. The document was incorrectly filed in this case. (js) (Entered: 09/01/2017)
2017-08-3129STIPULATION AND ORDER: Now, Therefore, the parties hereby stipulate and agree as follows; EPA will produce the combined EOY Report for 2015 and 2016 to NRDC within seven (7) days of its finalization by sending the EOY Report for 2015 and 2016 by email or regular mail to the following address Jared E. Knicley Natural Resources Defense Counsel 1152 15th Street NW, Suite 300 Washington DC 20005 jknicley@nrdc.org. As soon as reasonably practicable after the Court has approved and docketed this Stipulation, the Government shall pay to NRDC the sum of two thousand five hundred dollars ($2,500) for attorneys' fees and litigation costs. This payment shall constitute full and final satisfaction of any and all claims by NRDC for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payment shall be made by electronic funds transfer, and counsel for NRDC will provide the necessary information for the government to effectuate the transfer. Any obligation of the Government to expend funds under this Stipulation is subject to the availability of appropriations in accordance with the Anti-Deficiency Act. 31 U.S.C. 1341. this Stipulation shall not be construed to require the Government to obligate or pay funds in contravention of the Anti-Deficiency Act. This Stipulation constitutes the full and complete satisfaction of any and all claims on behalf of NRDC arising from (a) the allegations set forth in the complaint filed in this lawsuit and (b) any litigation or administrative proceeding that NRDC has brought or could have brought against the Government regarding NRDC's claims in this case, including all claims for attorneys' fees and costs. Any and all remaining issues in this litigation are waived by all parties.5. Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, this action is hereby dismissed with prejudice and without costs or fees other than as provided in paragraph 2of this Stipulation, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation. This Stipulation does not constitute an admission of liability or fault on the part of the Government and is entered into by both parties for the sole purpose of compromising disputed claims and avoiding the expenses and risks of further litigation. This Stipulation is non-precedential with respect to any other proceeding involving either of the parties, including, but not limited to, any other FOIA action or administrative proceeding, and shall have no effect or bearing on any pending or future request for records under FOIA. This Stipulation shall not be used in any manner to establish liability for fees, amounts, or hourly rates, in any other case or proceeding.7. This Stipulation contains the entire agreement between the parties, and no statement, representation, promise, or agreement, oral or otherwise, between the parties or their counsel that is not included herein shall have any force or effect.8. This Stipulation may be executed in counterparts. Facsimile of pdf signature shall constitute originals. This Stipulation is subject to the approval of the Court. In the event that the Court declines to approve this Stipulation, it shall be null and void, with no force or effect (Signed by Judge Valerie E. Caproni on 8/31/2017) (js) (Entered: 09/01/2017)
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by FOIA Project Staff