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Case TitleWaterkeeper Alliance, Inc. et al v. U.S. Environmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv09184
Date Filed2017-11-22
Date ClosedOpen
JudgeJudge Valerie E. Caproni
PlaintiffWaterkeeper Alliance, Inc.
PlaintiffSierra Club
PlaintiffClean Water Action
PlaintiffEnvironmental Integrity Project
Case DescriptionWaterkeeper Alliance, the Sierra Club, Clean Water Action, and the Environmental Integrity Project submitted FOIA requests to the EPA for records concerning the agency's decision to reconsider its Effluent Limitations Guidelines rule. The organizations also requested a fee waiver. The agency acknowledged receipt of the requests. The agency denied the requesters' fee waiver request. The organizations filed an administrative appeal, and the agency granted their fee waiver request. The agency had other contacts with the organizations, but after hearing nothing more substantive about their requests, the organizations 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
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-221COMPLAINT against U.S. Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number 0208-14397691)Document filed by Waterkeeper Alliance, Inc., Environmental Integrity Project, Clean Water Action, Sierra Club. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Cmar, Thomas) (Entered: 11/22/2017)
2017-11-222CIVIL COVER SHEET filed. (Cmar, Thomas) (Entered: 11/22/2017)
2017-11-223RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Waterkeeper Alliance, Inc..(Cmar, Thomas) (Entered: 11/22/2017)
2017-11-224RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sierra Club.(Cmar, Thomas) (Entered: 11/22/2017)
2017-11-225RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Clean Water Action.(Cmar, Thomas) (Entered: 11/22/2017)
2017-11-226RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Environmental Integrity Project.(Cmar, Thomas) (Entered: 11/22/2017)
2017-11-227REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Environmental Protection Agency, re: 1 Complaint,. Document filed by Clean Water Action, Environmental Integrity Project, Sierra Club, Waterkeeper Alliance, Inc.. (Cmar, Thomas) (Entered: 11/22/2017)
2017-11-228MOTION for Mychal Robert Ozaeta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14397876. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Clean Water Action, Environmental Integrity Project, Sierra Club, Waterkeeper Alliance, Inc.. (Attachments: # 1 Declaration of Mychal R. Ozaeta, # 2 Proposed Order)(Ozaeta, Mychal) (Entered: 11/22/2017)
2017-11-22>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Mychal Robert Ozaeta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14397876. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 11/22/2017)
2017-11-27***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Thomas Joseph Cmar. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pc) (Entered: 11/27/2017)
2017-11-27CASE 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 . (pc) (Entered: 11/27/2017)
2017-11-27Magistrate Judge Sarah Netburn 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 . (pc) (Entered: 11/27/2017)
2017-11-27Case Designated ECF. (pc) (Entered: 11/27/2017)
2017-11-279ELECTRONIC SUMMONS ISSUED as to U.S. Environmental Protection Agency. (pc) (Entered: 11/27/2017)
2017-11-2710NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/22/2017 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 11/27/2017) (kgo) (Entered: 11/27/2017)
2017-11-2811ORDER FOR ADMISSION PRO HAC VICE granting 8 Motion for Mychal R. Ozaeta to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 11/28/2017) (kgo) (Entered: 11/28/2017)
2017-12-1212FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 14 Summons Returned Executed (FOIA CASE) - SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. U.S. Environmental Protection Agency served on 11/27/2017, answer due 12/27/2017. Service was made by Mail. Document filed by Waterkeeper Alliance, Inc.; Environmental Integrity Project; Clean Water Action; Sierra Club. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cmar, Thomas) Modified on 12/13/2017 (db). (Entered: 12/12/2017)
2017-12-1313NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of U.S. Environmental Protection Agency. (Sun, Anthony) (Entered: 12/13/2017)
2017-12-1314SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. U.S. Environmental Protection Agency served on 11/30/2017, answer due 1/2/2018. Service was made by Mail. Document filed by Waterkeeper Alliance, Inc.; Environmental Integrity Project; Clean Water Action; Sierra Club. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cmar, Thomas) (Entered: 12/13/2017)
2017-12-1415JOINT LETTER addressed to Judge Valerie E. Caproni from Thomas Cmar, Mychal R. Ozaeta, and Anthony J. Sun dated 12/14/2017 re: In Response to Court's November 27, 2017 Notice of Initial Pretrial Conference. Document filed by Clean Water Action, Environmental Integrity Project, Sierra Club, Waterkeeper Alliance, Inc..(Cmar, Thomas) (Entered: 12/14/2017)
2017-12-2116ANSWER to 1 Complaint,. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 12/21/2017)
2017-12-22Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 12/22/2017. Order to follow. (Court Reporter Jennifer Thun) (Brantley, Michael) (Entered: 12/22/2017)
2017-12-2217ORDER: IT IS HEREBY ORDERED that, for the reasons stated at the conference, Defendant shall make rolling productions of responsive documents to Plaintiffs at the end of each month from February 2018 to May 2018, such that productions are scheduled for February 28, 2018; March 31, 2018; April 30, 2018; and May 31, 2018. IT IS FURTHER ORDERED that, for the reasons stated at the conference, Defendant shall inform the Court by letter dated the first of each month, beginning with February 1, 2018, as to its progress in reviewing documents, preparing for productions, and making productions to Plaintiffs. (Signed by Judge Valerie E. Caproni on 12/22/2017) (ap) (Entered: 12/22/2017)
2018-02-0118LETTER addressed to Judge Valerie E. Caproni from AUSA Anthony J. Sun dated 2/1/2018 re: status update. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 02/01/2018)
2018-03-0119LETTER addressed to Judge Valerie E. Caproni from AUSA Anthony J. Sun dated 3/1/2018 re: status update. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 03/01/2018)
2018-03-3020LETTER addressed to Judge Valerie E. Caproni from AUSA Anthony J. Sun dated 3/30/2018 re: status update. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 03/30/2018)
2018-05-0121LETTER addressed to Judge Valerie E. Caproni from AUSA Anthony J. Sun dated 5/1/2018 re: status update. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 05/01/2018)
2018-05-2322CONSENT LETTER MOTION for Extension of Time addressed to Judge Valerie E. Caproni from AUSA Anthony J. Sun dated 5/23/2018. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 05/23/2018)
2018-05-2323ORDER granting 22 Letter Motion for Extension of Time. Application GRANTED. The Government is ordered to provide a status update after the May 31, 2018 and June 21, 2018 productions on June 1, 2018 and June 22, 2018, respectively. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/23/2018) (anc) (Entered: 05/23/2018)
2018-06-0124LETTER addressed to Judge Valerie E. Caproni from AUSA Anthony J. Sun dated 6/1/2018 re: status update. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 06/01/2018)
2018-06-2225LETTER addressed to Judge Valerie E. Caproni from AUSA Anthony J. Sun dated 6/22/2018 re: status update. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 06/22/2018)
2018-06-2626MEMO ENDORSEMENT on re: 25 Letter filed by U.S. Environmental Protection Agency. ENDORSEMENT: The parties are ordered to update the Court on the status of the matter by letter dated no later than August 6, 2018. (Signed by Judge Valerie E. Caproni on 6/26/2018) (kgo) (Entered: 06/26/2018)
2018-08-0627LETTER addressed to Judge Valerie E. Caproni from AUSA Anthony J. Sun dated 8/6/2018 re: status update. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 08/06/2018)
2018-08-0728MEMO ENDORSEMENT on re: 27 Letter filed by U.S. Environmental Protection Agency. ENDORSEMENT: Application GRANTED. (Signed by Judge Valerie E. Caproni on 8/7/2018) (kgo) (Entered: 08/07/2018)
2018-08-3029LETTER addressed to Judge Valerie E. Caproni from AUSA Anthony J. Sun dated 8/30/2018 re: status update. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 08/30/2018)
2018-08-3030MEMO ENDORSEMENT: on re: (29 in 1:17-cv-09184-VEC) Letter filed by U.S. Environmental Protection Agency, (37 in 1:17-cv-07400-VEC) Letter filed by U.S. Environmental Protection Agency. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/30/2018) (ama) (Entered: 08/30/2018)
2018-10-1231LETTER addressed to Judge Valerie E. Caproni from Thomas Cmar and Mychal Ozaeta, Counsel for Plaintiffs, dated 10/12/2018 re: Status Update. Document filed by Clean Water Action, Environmental Integrity Project, Sierra Club, Waterkeeper Alliance, Inc..(Cmar, Thomas) (Entered: 10/12/2018)
2018-10-1232MEMO ENDORSEMENT on re: (31 in 1:17-cv-09184-VEC) Letter, filed by Environmental Integrity Project, Waterkeeper Alliance, Inc., Clean Water Action, Sierra Club, (39 in 1:17-cv-07400-VEC) Letter, filed by Environmental Integrity Project, Waterkeeper Alliance, Inc., Clean Water Action, Sierra Club. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/12/2018) (ne) (Entered: 10/12/2018)
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by FOIA Project Staff
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