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Case TitleENVIRONMENTAL INTEGRITY PROJECT et al v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00796
Date Filed2018-04-09
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffENVIRONMENTAL INTEGRITY PROJECT
PlaintiffCLEAN WATER ACTION
PlaintiffENVIRONMENT AMERICA
PlaintiffNORTHWEST ENVIRONMENTAL ADVOCATES
Case DescriptionEnvironmental Integrity Project, Clean Water Action, Environment America, and Northwest Environmental Advocates submitted a FOIA request to the EPA for records concerning several dozen roundtable discussions held by Administrator Scott Pruitt pertaining to changes in the Waters of the United States rule. The agency acknowledged receipt of the request. EIP made several inquires concerning the status of the request, but after hearing nothing further from the agency, EIP and the other organizations 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
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-091COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5411483) filed by NORTHWEST ENVIRONMENTAL ADVOCATES, ENVIRONMENTAL INTEGRITY PROJECT, ENVIRONMENT AMERICA, CLEAN WATER ACTION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Summons EPA, # 9 Summons US Attorney General, # 10 Summons US Attorney for DC)(Lam, Sylvia) (Attachment 7 replaced on 4/9/2018) (zmd). (Entered: 04/09/2018)
2018-04-092Corporate Disclosure Statement by CLEAN WATER ACTION, ENVIRONMENT AMERICA, ENVIRONMENTAL INTEGRITY PROJECT, NORTHWEST ENVIRONMENTAL ADVOCATES. (Lam, Sylvia) (Main Document 2 replaced on 4/10/2018) (ztd). (Entered: 04/09/2018)
2018-04-09Case Assigned to Judge Trevor N. McFadden. (zmd) (Entered: 04/09/2018)
2018-04-093SUMMONS (3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 04/09/2018)
2018-04-104STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 4/10/2018. (lctnm2) (Entered: 04/10/2018)
2018-04-195RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/16/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/16/2018. (Attachments: # 1 Certified Mail Receipt, # 2 USPS Electronic Confirmation)(Lam, Sylvia) (Entered: 04/19/2018)
2018-04-196RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/16/2018. (Attachments: # 1 Certified Mail Receipt, # 2 USPS Electronic Confirmation)(Lam, Sylvia) (Entered: 04/19/2018)
2018-04-197RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 4/16/2018 (Attachments: # 1 Certified Mail Receipt, # 2 USPS Electronic Confirmation)(Lam, Sylvia) (Entered: 04/19/2018)
2018-04-208NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) (Entered: 04/20/2018)
2018-05-169ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Seabrook, April) (Entered: 05/16/2018)
2018-05-17MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before June 7, 2018. Signed by Judge Trevor N. McFadden on 5/17/18. (lctnm2) Modified on 5/17/2018 to change deadline from May to June (hmc). (Entered: 05/17/2018)
2018-05-17Set/Reset Deadlines: Parties shall meet and confer and file a Joint Status Report by 6/7/2018. (hmc) (Entered: 05/17/2018)
2018-06-0710Joint STATUS REPORT by CLEAN WATER ACTION, ENVIRONMENT AMERICA, ENVIRONMENTAL INTEGRITY PROJECT, NORTHWEST ENVIRONMENTAL ADVOCATES. (Attachments: # 1 Text of Proposed Order)(Lam, Sylvia) (Entered: 06/07/2018)
2018-06-0811ORDER setting a schedule for this matter. See Order for details. Signed by Judge Trevor N. McFadden on 6/8/2018. (lctnm2) (Entered: 06/08/2018)
2018-06-11Set/Reset Deadlines: EPA's first production of records due by 7/12/2018. EPA's estimated total due by 8/12/2018. Joint Status Report due by 8/29/2018. (hmc) (Entered: 06/11/2018)
2018-08-2312NOTICE of Appearance by William Mark Nebeker on behalf of All Defendants (Nebeker, William) (Entered: 08/23/2018)
2018-08-2313Unopposed MOTION for Extension of Time to File Joint Status Report by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/23/2018)
2018-08-24MINUTE ORDER granting Defendant's 13 Unopposed Motion for an Enlargement of Time. The parties shall now file a Joint Status Report on or before September 28, 2018, which shall include (1) the estimated date by which production will be completed, and (2) the number of potentially responsive documents that the EPA will review between each monthly production. SO ORDERED.Signed by Judge Trevor N. McFadden on 8/24/2018. (lctnm2) (Entered: 08/24/2018)
2018-08-24Set/Reset Deadlines: Joint Status Report due by 9/28/2018. (hmc) (Entered: 08/24/2018)
2018-08-3014NOTICE of Appearance by Eric V. Schaeffer on behalf of All Plaintiffs (Schaeffer, Eric) (Entered: 08/30/2018)
2018-09-2815Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Seabrook, April) (Entered: 09/28/2018)
2018-10-0216ORDER. Upon consideration of the parties' 15 September 28, 2018, Joint Status Report, the Court orders the parties to adhere to the schedule detailed in the attached order. The parties are further ordered to file a Joint Status Report on November 28, 2018, and the parties will file Joint Status Reports on or before the 28th of every other month thereafter. Signed by Judge Trevor N. McFadden on 10/02/2018. (lctnm2) (Entered: 10/02/2018)
2018-10-02Set/Reset Deadlines: Joint Status Report due by 11/28/2018, and every other month thereafter. (hmc) (Entered: 10/02/2018)
2018-11-2817Joint STATUS REPORT by CLEAN WATER ACTION, ENVIRONMENT AMERICA, ENVIRONMENTAL INTEGRITY PROJECT, NORTHWEST ENVIRONMENTAL ADVOCATES. (Lam, Sylvia) (Entered: 11/28/2018)
2018-12-2618MOTION to Stay of All Proceedings by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Seabrook, April) (Entered: 12/26/2018)
2019-01-07MINUTE ORDER granting 18 Motion to Stay. Upon considering the Defendants' 18 Motion to Stay, it is hereby ORDERED that this matter shall be stayed until Congress has restored appropriations to the Department of Justice and the Environmental Protection Agency. It is further ordered that the Defendants will notify the Court immediately upon resumption of appropriations. Signed by Judge Trevor N. McFadden on 1/7/2019. (lctnm2) (Entered: 01/07/2019)
2019-01-2919NOTICE OF RESTORED GOVERNMENT FUNDING by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Nebeker, William) (Entered: 01/29/2019)
2019-01-30MINUTE ORDER. Upon considering the Defendant's 19 Notice of Restored Government Funding, it is hereby ordered that the stay in this case is lifted. It is further ordered that the 16 production order is reinstated. The parties shall meet and confer, and submit a Joint Status Report on or before February 28, 2019. Signed by Judge Trevor N. McFadden on 01/30/2019. (lctnm2) (Entered: 01/30/2019)
2019-01-30Set/Reset Deadlines: Joint Status Report due by 2/28/2019. (hmc) (Entered: 01/30/2019)
2019-02-2820Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Nebeker, William) (Entered: 02/28/2019)
2019-02-28MINUTE ORDER. Upon considering the parties' 20 Joint Status Report, it is hereby ordered that the parties shall follow the following schedule: The Defendant shall continue to review 500 records per month; on or before March 15, 2019, the Defendant shall make its next production; the Defendant shall make rolling productions on the 15th of every month thereafter (if the 15th falls on a weekend or holiday the Defendant shall make the production on the next business day). It is further ordered that the parties shall file a Joint Status Report on or before April 29, 2019, and every 60 days thereafter. Signed by Judge Trevor N. McFadden on 02/28/2019. (lctnm2) (Entered: 02/28/2019)
2019-03-01Set/Reset Deadlines: Defendant's next production due by 3/15/2019, and on the 15th of every month thereafter. Joint Status Report due by 4/29/2019, and every 60 days thereafter. (hmc) (Entered: 03/01/2019)
2019-04-2921Joint STATUS REPORT by CLEAN WATER ACTION, ENVIRONMENT AMERICA, ENVIRONMENTAL INTEGRITY PROJECT, NORTHWEST ENVIRONMENTAL ADVOCATES. (Lam, Sylvia) (Main Document 21 replaced on 5/1/2019) (ztth). (Entered: 04/29/2019)
2019-04-30MINUTE ORDER. Upon considering the parties' 21 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before July 28, 2019 and every three months thereafter (or the next business day, if the production date falls on a Saturday, Sunday, or other day on which the government is closed). Signed by Judge Trevor N. McFadden on 04/30/2019. (lctnm2) (Entered: 04/30/2019)
2019-04-30Set/Reset Deadlines: Joint Status Report due by 7/28/2019, and every three months thereafter. (hmc) (Entered: 04/30/2019)
2019-07-2922Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Seabrook, April) (Entered: 07/29/2019)
2019-09-23MINUTE ORDER. The parties are hereby ordered to appear for a Status Conference before Judge Trevor N. McFadden on November 4, 2019 at 10 AM in Courtroom 2. Signed by Judge Trevor N. McFadden on 09/23/2019. (lctnm2) (Entered: 09/23/2019)
2019-09-23Set/Reset Hearings: Status Conference set for 11/4/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 09/23/2019)
2019-10-2823Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Seabrook, April) (Entered: 10/28/2019)
2019-11-04Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 11/4/2019. Joint Status Report due by 11/29/2019. (Court Reporter: Cathryn Jones.) (hmc) (Entered: 11/04/2019)
2019-11-2224Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Seabrook, April) (Entered: 11/22/2019)
2019-11-22MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before January 22, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/22/2019. (lctnm2) (Entered: 11/22/2019)
2019-11-25Set/Reset Deadlines: Joint Status Report due by 1/22/2020. (hmc) (Entered: 11/25/2019)
2020-01-2225Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Seabrook, April) (Entered: 01/22/2020)
2020-01-22MINUTE ORDER. Upon consideration of the 25 Joint Status Report, the parties are hereby ORDERED to file their next Joint Status Report on or before March 30, 2020. The status report should (1) update the Court on the status of Defendant's processing of records; (2) inform the Court of any remaining disputes between the parties; and (3) propose a briefing schedule, if necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/22/2020. (lctnm2) (Entered: 01/22/2020)
2020-01-22Set/Reset Deadlines: Joint Status Report due by 3/30/2020. (hmc) (Entered: 01/22/2020)
2020-03-3026Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 03/30/2020)
2020-03-31MINUTE ORDER. Upon consideration of the 26 Joint Status Report, it is hereby ORDERED that the parties shall file their next Joint Status Report on or before June 15, 2020. The report should inform the Court of any remaining disputes between the parties and propose a briefing schedule, if necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/31/2020. (lctnm2) (Entered: 03/31/2020)
2020-03-31Set/Reset Deadlines: Joint Status Report due by 6/15/2020. (hmc) (Entered: 03/31/2020)
2020-06-1527Joint STATUS REPORT by CLEAN WATER ACTION, ENVIRONMENT AMERICA, ENVIRONMENTAL INTEGRITY PROJECT, NORTHWEST ENVIRONMENTAL ADVOCATES. (Lam, Sylvia) (Entered: 06/15/2020)
2020-06-15MINUTE ORDER. Upon consideration of the 27 Joint Status Report, it is hereby ORDERED that the parties shall file their next Joint Status Report on or before September 14, 2020. The report should inform the Court of any remaining disputes between the parties and propose a briefing schedule, if necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/15/2020. (lctnm2) (Entered: 06/15/2020)
2020-06-1528ENTERED IN ERROR AT REQUEST OF COUNSEL.....Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) Modified on 6/16/2020 (hmc). (Entered: 06/15/2020)
2020-06-16Set/Reset Deadlines: Joint Status Report due by 9/14/2020. (hmc) (Entered: 06/16/2020)
2020-09-1129Joint STATUS REPORT by CLEAN WATER ACTION, ENVIRONMENT AMERICA, ENVIRONMENTAL INTEGRITY PROJECT, NORTHWEST ENVIRONMENTAL ADVOCATES. (Lam, Sylvia) (Entered: 09/11/2020)
2020-09-11MINUTE ORDER. Upon consideration of the 29 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before November 20, 2020. The report should propose a briefing schedule on the sole remaining dispute, if necessary. If the parties reach a settlement before November 20, 2020, then they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/11/2020. (lctnm2) (Entered: 09/11/2020)
2020-09-11Set/Reset Deadlines: Joint Status Report due by 11/20/2020. (hmc) (Entered: 09/11/2020)
2020-11-1930Joint STATUS REPORT by CLEAN WATER ACTION, ENVIRONMENT AMERICA, ENVIRONMENTAL INTEGRITY PROJECT, NORTHWEST ENVIRONMENTAL ADVOCATES. (Lam, Sylvia) (Entered: 11/19/2020)
2020-11-19MINUTE ORDER. Upon consideration of the parties' 30 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before 1/29/2021. If the parties reach a settlement before 1/29/2021, then they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/19/2020. (lctnm2) (Entered: 11/19/2020)
2020-11-19Set/Reset Deadlines: Joint Status Report due by 1/29/2021. (ztg) (Entered: 11/19/2020)
2021-01-2831Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Seabrook, April) (Entered: 01/28/2021)
2021-01-28MINUTE ORDER. Upon consideration of the parties' 31 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before February 26, 2021. If the parties reach a settlement before February 26, 2021, then they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/28/2021. (lctnm2) (Entered: 01/28/2021)
2021-01-29Set/Reset Deadlines: Joint Status Report due by 2/26/2021. (hmc) (Entered: 01/29/2021)
2021-02-2632STIPULATION of Dismissal by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Seabrook, April) (Entered: 02/26/2021)
2021-02-26MINUTE ORDER. Pursuant to the parties' 32 Stipulation of Dismissal, this case is hereby DISMISSED according to the terms specified in the parties' 32 Stipulation. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/26/2021. (lctnm2) (Entered: 02/26/2021)
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