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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01270
Date Filed2017-06-28
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to the EPA for records concerning revised water quality criteria for cadium from a specific docket. The agency granted the Center's request for a fee waiver. The agency located 654 responsive records and disclosed 287 records in full. The agency withheld 280 records in full and partially disclosed a further 87 records. The agency cited Exemption 5 (privileges) and Exemption 6 (invasion of privacy) as the basis for its decision to withhold records. The Center filed an administrative appeal. The agency granted the Center's appeal to the extent that the response had failed to adequately explain the basis for exemption claims. However, it upheld other portions of the exemption claims. In response to the agency's remand of the appeal, the agency disclosed an additional 11 documents with fewer redactions and provided 34 records that had previously been withheld. The Center for Biological Diversity then filed suit.
Complaint issues: Segregability, Litigation - Attorney's fees

DefendantUNITED STATES ENVIRONMENTAL 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

2017-06-281COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5010232) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Connor, Hannah) (Entered: 06/28/2017)
2017-06-282Corporate Disclosure Statement by CENTER FOR BIOLOGICAL DIVERSITY. (Connor, Hannah) (Entered: 06/28/2017)
2017-06-283MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Emily Jeffers, :Firm- Center for Biological Diversity, :Address- 1212 Broadway, Suite 800, Oakland, CA 94612. Phone No. - (510) 844-7109. Fax No. - n/a Filing fee $ 100, receipt number 0090-5010291. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Connor, Hannah) (Entered: 06/28/2017)
2017-06-30Case Assigned to Judge Amy Berman Jackson. (zsb) (Entered: 06/30/2017)
2017-06-304SUMMONS (3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 06/30/2017)
2017-06-30MINUTE ORDER granting 3 Motion for Leave of Emily Jeffers to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Signed by Judge Amy Berman Jackson on 6/30/17. (DMK) (Entered: 06/30/2017)
2017-07-265RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/13/2017. Answer due for ALL FEDERAL DEFENDANTS by 8/12/2017. (Attachments: # 1 Exhibit Certified Mail Return Receipts)(Connor, Hannah) (Entered: 07/26/2017)
2017-07-266RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/13/2017. (Attachments: # 1 Exhibit Certified Mail Return Receipts)(Connor, Hannah) (Entered: 07/26/2017)
2017-07-267RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 7/11/2017 (Attachments: # 1 Exhibit Certified Mail Return Receipts)(Connor, Hannah) (Entered: 07/26/2017)
2017-08-118ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Peterson, Benton) (Entered: 08/11/2017)
2017-08-11MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff on or before September 11, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/11/2017. (lcabj3) (Entered: 08/11/2017)
2017-09-119STATUS REPORT Setting Forth Proposed Production Scedule by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Peterson, Benton) (Entered: 09/11/2017)
2017-09-12MINUTE ORDER. The parties shall file a joint status report by November 1, 2017, to inform the Court whether further proceedings are necessary in this matter, and to propose a briefing schedule, if necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/12/2017. (lcabj3) (Entered: 09/12/2017)
2017-10-1710Joint MOTION for Extension of Time to File by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 10/17/2017)
2017-10-17MINUTE ORDER granting 10 parties' motion for an extension of time to file a joint status report by November 8, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/17/2017. (lcabj3) (Entered: 10/17/2017)
2017-11-0811NOTICE of Appearance by Catherine Cain Ware Kilduff on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Kilduff, Catherine) (Entered: 11/08/2017)
2017-11-0812STATUS REPORT AND PROPOSED BRIEFING SCHEDULE by CENTER FOR BIOLOGICAL DIVERSITY. (Connor, Hannah) (Entered: 11/08/2017)
2017-11-09MINUTE ORDER. Since transmitting a Vaughn index to plaintiff prior to filing a motion for summary judgment may narrow the issues, the Court will include it in the schedule. Based on the proposals in the status report and defense counsel's representations concerning scheduling demands, the schedule will be as follows: defendant must provide plaintiff with its Vaughn index on December 18, 2017; plaintiff must identify those withholdings to which it objects by January 3, 2018; the parties will submit a proposed schedule for further proceedings, if any, by January 5, 2018. Signed by Judge Amy Berman Jackson on 11/09/2017. (lcabj3) (Entered: 11/09/2017)
2018-01-0513STATUS REPORT AND PROPOSED BRIEFING SCHEDULE by CENTER FOR BIOLOGICAL DIVERSITY. (Kilduff, Catherine) (Entered: 01/05/2018)
2018-01-08MINUTE ORDER. The parties are ordered to meet and confer and to submit a joint status report by February 14, 2018, which should include a proposed schedule for further proceedings if necessary. Signed by Judge Amy Berman Jackson on 01/08/2018. (lcabj3) (Entered: 01/08/2018)
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by FOIA Project Staff