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Case TitleNATURAL RESOURCES DEFENSE COUNCIL v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00794
Date Filed2018-04-09
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffNATURAL RESOURCES DEFENSE COUNCIL
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the EPA for records concerning communications between the agency and Michael Dourson, the former nominee to head the Office of Chemical Safety and Pollution Prevention, regarding methylene chloride, N-methylpyrrolidone, and/or trichloroeythlene. NRDC also requested a fee waiver. The agency acknowledged receipt of the request and told NRDC that no fees would be incurred in responding to its request. However, after hearing nothing further from the agency, NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Vaughn index, 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

2018-04-091COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5410953) filed by NATURAL RESOURCES DEFENSE COUNCIL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to EPA, # 3 Summons to Attorney General, # 4 Summons to United States Attorney)(Kirkpatrick, Michael) (Attachment 1 replaced on 4/9/2018) (jd) (Entered: 04/09/2018)
2018-04-092Corporate Disclosure Statement by NATURAL RESOURCES DEFENSE COUNCIL. (Kirkpatrick, Michael) (Entered: 04/09/2018)
2018-04-09Case Assigned to Judge Colleen Kollar-Kotelly. (jd) (Entered: 04/10/2018)
2018-04-103SUMMONS (3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(jd) (Entered: 04/10/2018)
2018-04-104RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/10/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/10/2018. (Kirkpatrick, Michael) (Entered: 04/10/2018)
2018-04-105NOTICE of Appearance by Patrick D. Llewellyn on behalf of NATURAL RESOURCES DEFENSE COUNCIL (Llewellyn, Patrick) (Entered: 04/10/2018)
2018-04-166ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 04/16/18. (DM) (Entered: 04/16/2018)
2018-04-257RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/16/2018. (Kirkpatrick, Michael) (Entered: 04/25/2018)
2018-04-258RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 4/13/2018 (Kirkpatrick, Michael) (Entered: 04/25/2018)
2018-05-099NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Shoaibi, Alexander) (Entered: 05/09/2018)
2018-05-0910ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Shoaibi, Alexander) (Entered: 05/09/2018)
2018-05-2111ORDER. The parties shall file the schedule not later than JUNE 20, 2018 . Signed by Judge Colleen Kollar-Kotelly on May 21, 2018. (lcckk1) (Entered: 05/21/2018)
2018-06-1912Joint STATUS REPORT and Proposed Scheduling Order by NATURAL RESOURCES DEFENSE COUNCIL. (Attachments: # 1 Text of Proposed Order proposed scheduling order)(Kirkpatrick, Michael) (Entered: 06/19/2018)
2018-07-09MINUTE ORDER: The Court has received the parties' 12 Joint Status Report. As the parties have proposed, Defendant shall complete its search and release at least half of the responsive records to Plaintiff by AUGUST 15, 2018 . Defendant shall release the remainder of responsive records to Plaintiff by SEPTEMBER 14, 2018 . The parties shall file a further Joint Status Report by OCTOBER 15, 2018 , confirming the status of Defendant's production, identifying any remaining issues, and proposing a briefing schedule, if necessary. Signed by Judge Colleen Kollar-Kotelly on July 9, 2018. (lcckk1) (Entered: 07/09/2018)
2018-07-09Set/Reset Deadlines: Joint Status Report due by 10/15/2018. (dot) (Entered: 07/11/2018)
2018-07-1713NOTICE OF SUBSTITUTION OF COUNSEL by Daniel Patrick Schaefer on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney Alexander D. Shoaibi (Schaefer, Daniel) (Entered: 07/17/2018)
2018-10-1514Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 10/15/2018)
2018-10-16MINUTE ORDER: The Court has received the parties' 14 Joint Status Report. Defendant has made several releases of documents to Plaintiff but continues to verify that it has no additional responsive records. Plaintiff is reviewing documents produced thus far. As the parties have proposed, they shall file a further Joint Status Report by NOVEMBER 15, 2018 , confirming the status of Defendant's production, identifying any remaining issues, and proposing a briefing schedule, if necessary. Signed by Judge Colleen Kollar-Kotelly on October 16, 2018. (lcckk1) (Entered: 10/16/2018)
2018-10-16Set/Reset Deadlines: Joint Status Report due by 11/15/2018, confirming the status of Defendant's production, identifying any remaining issues, and proposing a briefing schedule, if necessary. (dot) (Entered: 10/17/2018)
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