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Case TitleENVIRONMENTAL INTEGRITY PROJECT et al v. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01952
Date Filed2018-08-21
Date ClosedOpen
JudgeJudge John D. Bates
PlaintiffENVIRONMENTAL INTEGRITY PROJECT
PlaintiffCHESAPEAKE CLIMATE ACTION NETWORK
Case DescriptionThe Environmental Integrity Project and the Chesapeake Climate Action Network submitted FOIA requests to the EPA for records concerning expenditures for former Administrator Scott Pruitt for travel outside Washington, D.C. for August 2017 through March 2018. The agency acknowledged receipt of the requests and provided a link to 612 pages of records previously disclosed to the Washington Post. However, only 68 pages were responsive to the request by EIP and CCAN. EIP and CCAN also requested travel records for former Obama administrators Lisa Jackson and Gina McCarthy, as well as another FOIA request pertaining to Pruitt's travel expenses. After the agency failed to provide further records, EIP and CCAN filed suit, alleging that EPA had set up a "political awareness review" that constituted an illegal practice or policy in violation of FOIA.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-211COMPLAINT against All Defendants US Environmental Protection Agency ( Filing fee $ 400 receipt number 0090-5650445) filed by ENVIRONMENTAL INTEGRITY PROJECT, CHESAPEAKE CLIMATE ACTION NETWORK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for EPA, # 3 Summons for US Attorney for DC, # 4 Summons for US Attorney General, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 Exhibit N, # 19 Exhibit O, # 20 Exhibit P, # 21 Exhibit Q, # 22 Exhibit R, # 23 Exhibit S)(Lam, Sylvia) (Attachment 1 replaced on 8/22/2018) (zsth). (Entered: 08/21/2018)
2018-08-212Corporate Disclosure Statement by CHESAPEAKE CLIMATE ACTION NETWORK, ENVIRONMENTAL INTEGRITY PROJECT. (Lam, Sylvia) Modified on 8/24/2018 (zrdj). (Entered: 08/21/2018)
2018-08-21Case Assigned to Judge John D. Bates. (zsth) (Entered: 08/22/2018)
2018-08-223SUMMONS (3) Issued Electronically as to ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 08/22/2018)
2018-08-274RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/24/2018. Answer due for ALL FEDERAL DEFENDANTS by 9/23/2018. (Attachments: # 1 Affidavit of Proof of Service)(Lam, Sylvia) (Entered: 08/27/2018)
2018-08-305NOTICE of Appearance by Adam Matthew Kron on behalf of All Plaintiffs (Kron, Adam) (Entered: 08/30/2018)
2018-09-186NOTICE of Appearance by Julie Straus Harris on behalf of ENVIRONMENTAL PROTECTION AGENCY (Straus Harris, Julie) (Entered: 09/18/2018)
2018-09-187Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, by ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order Proposed Order)(Straus Harris, Julie) (Entered: 09/18/2018)
2018-09-18MINUTE ORDER: Upon consideration of 7 defendant's unopposed motion for extension of time to respond to the complaint, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall respond to plaintiffs' complaint by not later than October 23, 2018. SO ORDERED. Signed by Judge John D. Bates on 09/18/2018. (lcjdb3) (Entered: 09/18/2018)
2018-09-258RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. Defendant U.S. Environmental Protection Agency served 8/27/18 (Attachments: # 1 Certified mail receipt, # 2 Electronic confirmation)(Lam, Sylvia) Modified text on 9/27/2018 (td). (Entered: 09/25/2018)
2018-09-259RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/27/2018. (Attachments: # 1 Certified mail receipt, # 2 Electronic confirmation)(Lam, Sylvia) (Entered: 09/25/2018)
2018-10-2310MOTION to Dismiss (Partial) by ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Memorandum in Support of Defendant's Partial Motion to Dismiss, # 2 Text of Proposed Order)(Straus Harris, Julie) (Entered: 10/23/2018)
2018-11-0611Memorandum in opposition to re 10 MOTION to Dismiss (Partial) filed by CHESAPEAKE CLIMATE ACTION NETWORK, ENVIRONMENTAL INTEGRITY PROJECT. (Attachments: # 1 Text of Proposed Order)(Lam, Sylvia) (Entered: 11/06/2018)
2018-11-0712Unopposed MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss (Partial) by ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Straus Harris, Julie) (Entered: 11/07/2018)
2018-11-08MINUTE ORDER: Upon consideration of 12 defendant's unopposed motion to extend its time to file a reply in support of its partial motion to dismiss, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall file its reply in support of its motion to dismiss by not later than November 20, 2018. SO ORDERED. Signed by Judge John D. Bates on 11/08/2018. (lcjdb3) (Entered: 11/08/2018)
2018-11-09Set/Reset Deadlines: Reply to Dispositive Motion due by 11/20/2018. (tb) (Entered: 11/09/2018)
2018-11-09Set/Reset Deadlines: Reply to Dispositive Motion due by 11/20/2018. (tb) (Entered: 11/09/2018)
2018-11-2013REPLY to opposition to motion re 10 MOTION to Dismiss (Partial) filed by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Exhibit)(Straus Harris, Julie) (Entered: 11/20/2018)
2018-11-3014Consent MOTION for Leave to File Amended Complaint by CHESAPEAKE CLIMATE ACTION NETWORK, ENVIRONMENTAL INTEGRITY PROJECT (Attachments: # 1 Plaintiffs' Amended Complaint, # 2 Exhibit Exhibits A-K for Amended Complaint, # 3 Text of Proposed Order)(Lam, Sylvia) (Entered: 11/30/2018)
2018-12-03MINUTE ORDER: Upon consideration of 14 plaintiffs' consented motion for leave to amend their complaint, and the entire record herein, it is hereby ORDERED that plaintiffs' motion is GRANTED; and it is further ORDERED that the Clerk of Court shall docket [14-1] as plaintiffs' First Amended Complaint and [14-2] as plaintiffs' exhibits to their First Amended Complaint. SO ORDERED. Signed by Judge John D. Bates on 12/3/2018. (lcjdb3) (Entered: 12/03/2018)
2018-12-0315AMENDED COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY filed by ENVIRONMENTAL INTEGRITY PROJECT, CHESAPEAKE CLIMATE ACTION NETWORK. (Attachments: # 1 Exhibit A-K)(ztd) (Entered: 12/03/2018)
2018-12-1716ANSWER to 15 Amended Complaint by ENVIRONMENTAL PROTECTION AGENCY.(Straus Harris, Julie) (Entered: 12/17/2018)
2018-12-1817ORDER directing parties to confer and to submit a proposed schedule for the processing and release of responsive records and/or a briefing schedule for the filing of dispositive motions by not later than January 28, 2019. See text of Order for details. Signed by Judge John D. Bates on 12/18/2018. (lcjdb3) (Entered: 12/18/2018)
2018-12-19Set/Reset Deadlines: Proposed Briefing Schedule due by 1/28/2019. (tb) (Entered: 12/19/2018)
2019-01-2318Consent MOTION to Stay re 17 Scheduling Order, in Light of Lapse of Appropriations by ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Straus Harris, Julie) (Entered: 01/23/2019)
2019-01-24MINUTE ORDER: Upon consideration of 18 defendant's consent motion for a stay of the Court's order to file a joint proposed schedule, and the entire record herein, it is hereby ORDERED that defendant's motion for a stay of the filing deadline is GRANTED; it is further ORDERED that the deadline to file a joint proposed schedule is STAYED until appropriations are restored to the Department of Justice and the Environmental Protection Agency; and it is further ORDERED that the parties shall file a joint proposed schedule for the processing and release of responsive records and/or a briefing schedule for the filing of dispositive motions by not later than fourteen days after Congress has appropriated funds for the Department of Justice and the Environmental Protection Agency. SO ORDERED. Signed by Judge John D. Bates on 01/24/2019. (lcjdb3) (Entered: 01/24/2019)
2019-01-2819NOTICE of Restoration of Appropriations by ENVIRONMENTAL PROTECTION AGENCY re Order on Motion to Stay,,, (Straus Harris, Julie) (Entered: 01/28/2019)
2019-02-0820NOTICE of Proposed Schedule (Joint) by ENVIRONMENTAL PROTECTION AGENCY (Straus Harris, Julie) (Entered: 02/08/2019)
2019-02-11MINUTE ORDER: Upon consideration of 20 parties' joint notice of proposed schedule, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than March 28, 2019. SO ORDERED. Signed by Judge John D. Bates on 02/11/2019. (lcjdb3) (Entered: 02/11/2019)
2019-02-13Set/Reset Deadlines: Joint Status Report due by 3/28/2019. (tb) (Entered: 02/13/2019)
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by FOIA Project Staff
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