Skip to content

Case Detail

[Subscribe to updates]
Case TitlePUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00652
Date Filed2017-04-13
Date ClosedOpen
JudgeChief Judge Beryl A. Howell
PlaintiffPUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY
Case DescriptionPublic Employees for Environmental Responsibility submitted a FOIA request to the EPA for records supporting statements made by EPA Administrator Scott Pruitt that humans did not contribute to climate change. PEER also requested expedited processing. The agency acknowledged receipt of the request and denied PEER's request for expedited processing. After hearing nothing further from the agency, PEER filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

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

2017-04-131COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-4912700) filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Declaration Corporate Disclosure, # 2 Civil Cover Sheet, # 3 Summons EPA, # 4 Summons AG, # 5 Summons US Attorney)(Dinerstein, Paula) (Entered: 04/13/2017)
2017-04-132NOTICE of corrected civil cover sheet by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Dinerstein, Paula) (Entered: 04/13/2017)
2017-04-133LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (md) (Entered: 04/13/2017)
2017-04-13Case Assigned to Chief Judge Beryl A. Howell. (md) (Entered: 04/13/2017)
2017-04-134STANDING ORDER. Signed by Chief Judge Beryl A. Howell on April 13, 2017. (lcbah1) (Entered: 04/13/2017)
2017-05-225SUMMONS (3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 05/22/2017)
2017-06-306ENTERED IN ERROR.....CERTIFICATE OF SERVICE by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY . (Dinerstein, Paula) Modified on 7/3/2017 (zrdj). (Entered: 06/30/2017)
2017-07-03NOTICE OF CORRECTED DOCKET ENTRY: re 6 Certificate of Service was entered in error as the incorrect event and counsel was instructed to refile said pleading using the appropriate Summons Returned Executed Event (e.g. Federal Defendant, U.S. Attorney General, FOIA case as to U.S. Attorney). (zrdj) (Entered: 07/03/2017)
2017-07-057RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/26/2017. Answer due for ALL FEDERAL DEFENDANTS by 7/26/2017. (Attachments: # 1 Certificate of Service Service to Attorney General, # 2 Certificate of Service Service to EPA)(Dinerstein, Paula) (Entered: 07/05/2017)
2017-07-058RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/26/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 6/26/2017. (See Docket Entry 7 to view document). (znmw) (Entered: 07/06/2017)
2017-07-279NOTICE of Appearance by Daniel Patrick Schaefer on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Schaefer, Daniel) (Entered: 07/27/2017)
2017-07-2710ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Schaefer, Daniel) (Entered: 07/27/2017)
2017-08-30MINUTE ORDER (paperless) DIRECTING the plaintiff to SHOW CAUSE, by September 12, 2017, why this action should not be dismissed for failure to prosecute. The Court's 4 Standing Order in this case provides that, pursuant to Federal Rule of Civil Procedure 26(f), "the parties must meet and confer," and must "file the Joint Meet and Confer Report required by Local Civil Rule 16.3(d) within thirty days after any defendant files an answer." Standing Order ¶ 3.a (emphasis in original). The government filed an answer on July 27, 2017. Accordingly, the parties' Joint Meet and Confer Report was due on August 28, 2017. Signed by Chief Judge Beryl A. Howell on August 30, 2017. (lcbah1) (Entered: 08/30/2017)
2017-08-30Set/Reset Deadlines: Plaintiff Show Cause Response due by 9/12/2017 On Why This Action Should Not Be Dismissed For Failure To Prosecute. (mac) (Entered: 08/30/2017)
2017-09-0811MEET AND CONFER STATEMENT. (Dinerstein, Paula) (Entered: 09/08/2017)
2017-09-08MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 11 Joint Meet and Confer Report, the parties to file, by October 10, 2017, a joint status report: (1) advising the Court whether the parties have resolved all disputes over the defendant's response to the plaintiff's FOIA requests or whether dispositive motions are anticipated; and (2) proposing a briefing schedule, if necessary, to resolve any dispositive motions. Signed by Chief Judge Beryl A. Howell on September 8, 2017. (lcbah1) (Entered: 09/08/2017)
2017-09-11Set/Reset Deadlines: Joint Status Report due by 10/10/2017. (tg) (Entered: 09/11/2017)
2017-10-1012MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order Defendant's Proposed Order, # 2 Text of Proposed Order Plaintiff's Proposed Order)(Schaefer, Daniel) (Entered: 10/10/2017)
2017-10-11MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 12 Joint Meet and Confer Report, the following SCHEDULING ORDER to control the timing of proceedings in this matter: (1) by November 9, 2017, the defendant shall file its motion for summary judgment; (2) by December 11, 2017, the plaintiff shall file its opposition and any cross-motion for summary judgment; (3) by December 29, 2017, the defendant shall file its reply and any opposition to the plaintiff's cross-motion; and (4) by January 12, 2017, the plaintiff shall file any reply. Signed by Chief Judge Beryl A. Howell on October 11, 2017. (lcbah1) (Entered: 10/11/2017)
2017-10-12Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 11/9/2017. Plaintiff's Opposition to Motion for Summary Judgment and any Cross-Motion for Summary Judgment due by 12/11/2017. Defendant's Reply to Motion for Summary Judgment and any Opposition to the Plaintiff's Cross-Motion due by 12/29/2017. Plaintiff's Reply to Cross-Motion due by 1/12/2018. (hmc) (Entered: 10/12/2017)
2017-11-0913MOTION for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Text of Proposed Order)(Schaefer, Daniel) (Entered: 11/09/2017)
Hide Docket Events
by FOIA Project Staff