Skip to content

Case Detail

[Subscribe to updates]
Case TitleNatural Resources Defense Council v. U.S. Environmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv05928
Date Filed2017-08-04
Date ClosedOpen
JudgeJudge Jesse M. Furman
PlaintiffNatural Resources Defense Council
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the EPA for records concerning the recusal or participation of Deputy Assistant Administrator Nancy Beck, who had previously worked for the American Chemistry Council, on issues involving regulation of chemical waste. The agency acknowledged receipt of the request. The NRDC had several contacts with the agency concerning the request, particularly its scope. However, after hearing nothing further from the agency, the NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Environmental Protection Agency
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-041COMPLAINT against U.S. Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number 0208-13982905)Document filed by Natural Resources Defense Council. (Attachments: # 1 Exhibit A)(Wang, Vivian) (Entered: 08/04/2017)
2017-08-042CIVIL COVER SHEET filed. (Wang, Vivian) (Entered: 08/04/2017)
2017-08-043REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Environmental Protection Agency, re: 1 Complaint. Document filed by Natural Resources Defense Council. (Wang, Vivian) (Entered: 08/04/2017)
2017-08-044RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council.(Wang, Vivian) (Entered: 08/04/2017)
2017-08-07CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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 . (kl) (Entered: 08/07/2017)
2017-08-07Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (kl) (Entered: 08/07/2017)
2017-08-07Case Designated ECF. (kl) (Entered: 08/07/2017)
2017-08-075ELECTRONIC SUMMONS ISSUED as to U.S. Environmental Protection Agency. (kl) (Entered: 08/07/2017)
2017-08-086NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Federal Rule of Civil Procedure 16 conference. Additionally, in accordance with Paragraph 2.B of the Court's Individual Rules and Practices, which are available at http://nysd.uscourts.gov/judge/Furman, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at http://nysd.uscourts.gov/judge/Furman. Any open legal issues can be addressed at the conference as set forth in this order. Initial Conference set for 10/25/2017 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 8/8/2017) (rj) (Entered: 08/08/2017)
2017-08-237NOTICE OF APPEARANCE by David C. Vladeck on behalf of Natural Resources Defense Council. (Vladeck, David) (Entered: 08/23/2017)
2017-08-238NOTICE OF CHANGE OF ADDRESS by David C. Vladeck on behalf of Natural Resources Defense Council. New Address: Georgetown University Law Center, 600 New Jersey Avenue, NW, Washington, DC, USA 20001, 202-662-9540. (Vladeck, David) (Entered: 08/23/2017)
2017-09-069LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 9/6/2017. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/06/2017)
2017-09-0610ORDER granting 9 Letter Motion for Extension of Time to Answer. The answer deadline is extended to September 29, 2017. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/06/2017)
2017-09-2211AFFIDAVIT OF SERVICE. U.S. Environmental Protection Agency served on 8/7/2017, answer due 9/29/2017. Service was made by Mail. Document filed by Natural Resources Defense Council. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wang, Vivian) (Entered: 09/22/2017)
2017-09-2912ANSWER to 1 Complaint. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/29/2017)
2017-10-1213NOTICE OF APPEARANCE by Stephanie Kaufman Glaberson on behalf of Natural Resources Defense Council. (Glaberson, Stephanie) (Entered: 10/12/2017)
2017-10-1814LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 10/18/2017. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 10/18/2017)
2017-10-1815ORDER granting 14 Letter Motion to Adjourn Conference. The initial pretrial conference is ADJOURNED to NOVEMBER 2, 2017, at 3:15 p.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 10/18/2017)
2017-10-2616INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Natural Resources Defense Council.(Glaberson, Stephanie) (Entered: 10/26/2017)
2017-11-02Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held on 11/2/2017. Stephanie Glaberson and Vivian Wang present for Plaintiff. Tomoko Onozawa present for Defendant. (ab) (Entered: 11/30/2017)
2017-11-2017STATUS REPORT. Joint status letter Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 11/20/2017)
2017-11-2118MEMO ENDORSEMENT on re: 17 Status Report filed by U.S. Environmental Protection Agency. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 11/21/2017) (ras) (Entered: 11/21/2017)
2017-11-2919STATUS REPORT. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 11/29/2017)
2017-11-3020MEMO ENDORSEMENT on re: 19 Status Report filed by U.S. Environmental Protection Agency. ENDORSEMENT: The parties' agreement is hereby SO ORDERED. The parties shall submit a joint status letter no later than two months from the date of this Order. In that letter, the parties should advise the Court if there is any need to hold a conference. If the parties believe that there is a need to hold a conference sooner, they should file a letter motion to that effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/30/2017) (ras) (Entered: 11/30/2017)
2018-01-3021STATUS REPORT. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 01/30/2018)
2018-01-3022ORDER re: 21 Status Report filed by U.S. Environmental Protection Agency. The parties shall submit another joint status letter no later than two months from the date of this Order. In that letter, the parties should again advise the Court if there is any need to hold a conference. If the parties believe that there is a need to hold a conference sooner, they should file a letter motion to that effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/30/2018) (Text Only Order) (Furman, Jesse) (Entered: 01/30/2018)
2018-02-2323LETTER MOTION for Extension of Time for EPA's third FOIA production addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 2/23/2018. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 02/23/2018)
2018-02-2524ORDER granting 23 Letter Motion for Extension of Time. The third production deadline is extended to March 5, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 02/25/2018)
2018-03-2925STATUS REPORT. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 03/29/2018)
2018-03-3026ORDER re: 25 Status Report filed by U.S. Environmental Protection Agency. The parties shall file a joint status report by May 30, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/30/2018) (Text Only Order)(Furman, Jesse) (Entered: 03/30/2018)
2018-05-3027STATUS REPORT. Document filed by Natural Resources Defense Council.(Glaberson, Stephanie) (Entered: 05/30/2018)
2018-05-3128ORDER re: 27 Status Report filed by Natural Resources Defense Council. The parties shall file a joint status report and proposed briefing schedule for summary judgment by July 11, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/31/2018) (Text Only Order) (Furman, Jesse) (Entered: 05/31/2018)
2018-07-1129STATUS REPORT. and proposed briefing schedule for cross-motions for summary judgment Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 07/11/2018)
2018-07-1630MEMO ENDORSEMENT on re: 29 Status Report filed by U.S. Environmental Protection Agency. ENDORSEMENT: The parties' proposed briefing scheduled is hereby ADOPTED. (Cross Motions due by 11/5/2018., Motions due by 10/1/2018. Responses due by 11/19/2018, Replies due by 12/3/2018.) (Signed by Judge Jesse M. Furman on 7/16/2018) (tro) (Entered: 07/16/2018)
2018-09-2631LETTER MOTION for Extension of Time to File Cross Motions for Summary Judgment addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 9/26/2018. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/26/2018)
2018-09-2632ORDER granting 31 Letter Motion for Extension of Time. The parties' proposed briefing schedule is adopted. EPA's motion for summary judgment, including its Vaughn index, shall be filed by October 16, 2018. NRDC's opposition and cross-motion for summary judgment shall be filed by November 16, 2018. EPA's opposition to NRDC's cross-motion and any reply in further support of its summary judgment motion shall be filed by November 30, 2018. Any reply in further support of NRDC's cross-motion for summary judgment shall be filed by December 14, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/26/2018)
2018-09-2633AMENDED LETTER MOTION for Extension of Time to File Cross-Motions for Summary Judgment addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 9/26/2018. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/26/2018)
2018-09-2634ORDER granting 33 Letter Motion for Extension of Time. The parties' AMENDED proposed briefing schedule is adopted. EPA's motion for summary judgment, including its Vaughn index, shall be filed by October 16, 2018. NRDC's opposition and cross-motion for summary judgment shall be filed by November 19, 2018. EPA's opposition to NRDC's cross-motion and any reply in further support of its summary judgment motion shall be filed by December 3, 2018. Any reply in further support of NRDC's cross-motion for summary judgment shall be filed by December 17, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/26/2018)
2018-10-1635MOTION for Summary Judgment . Document filed by U.S. Environmental Protection Agency. Responses due by 11/19/2018(Onozawa, Tomoko) (Entered: 10/16/2018)
2018-10-1636DECLARATION of Pamela S. Myrick in Support re: 35 MOTION for Summary Judgment .. Document filed by U.S. Environmental Protection Agency. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Onozawa, Tomoko) (Entered: 10/16/2018)
2018-10-1637MEMORANDUM OF LAW in Support re: 35 MOTION for Summary Judgment . . Document filed by U.S. Environmental Protection Agency. (Onozawa, Tomoko) (Entered: 10/16/2018)
2018-11-0938LETTER MOTION for Extension of Time to File Opposition and cross-motion for summary judgment addressed to Judge Jesse M. Furman from Stephanie Glaberson dated November 9, 2018. Document filed by Natural Resources Defense Council.(Glaberson, Stephanie) (Entered: 11/09/2018)
2018-11-1139ORDER granting 38 Letter Motion for Extension of Time to File Motion Papers. The parties' proposed modified briefing schedule is hereby adopted. Accordingly, NRDC shall file its opposition and cross-motion for summary judgment by December 21, 2018; the EPA shall file its opposition to NRDC's cross-motion and its reply in further support of its summary judgment motion by January 18, 2019; and NRDC shall file any reply in further support of its cross-motion for summary judgment by February 1, 2019. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 11/11/2018)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar