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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)
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by FOIA Project Staff
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