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Case TitleRENEWABLE FUELS ASSOCIATION et al v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02031
Date Filed2018-08-30
Date ClosedOpen
JudgeJudge James E. Boasberg
PlaintiffRENEWABLE FUELS ASSOCIATION
PlaintiffGROWTH ENERGY
Case DescriptionThe Renewable Fuels Association and Growth Energy submitted FOIA requests to the EPA and the Department of Energy for records concerning the agencies' policies on small refinery exemption extensions. The agencies acknowledged the requests. The agencies indicated that they believed much of the information qualified for protection under Exemption 4 (confidential business information). After hearing nothing further from either agency, the Renewable Fuels Association and Growth Energy filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DefendantUNITED STATES DEPARTMENT OF ENERGY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [62]
Opinion/Order [64]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-301COMPLAINT against UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5664971) filed by Renewable Fuels Association, Growth Energy. (Attachments: # 1 Exhibit A-V, # 2 Civil Cover Sheet, # 3 Summons USEPA, # 4 Summons UDOE, # 5 Summons USADC, # 6 Summons DOJ)(Morrison, Matthew) (Attachment 2 replaced on 8/30/2018) (zsth). (Entered: 08/30/2018)
2018-08-302Corporate Disclosure Statement by Growth Energy, Renewable Fuels Association. (Morrison, Matthew) (Entered: 08/30/2018)
2018-08-30Case Assigned to Judge James E. Boasberg. (zsth) (Entered: 08/30/2018)
2018-08-303SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 08/30/2018)
2018-08-304NOTICE of Appearance by Seth Paul Waxman on behalf of GROWTH ENERGY (Waxman, Seth) (Entered: 08/30/2018)
2018-09-045MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David M. Lehn, :Firm- Wilmer Cutler Pickering Hale and Dorr LLP, :Address- 1875 Pennsylvania Avenue, NW, Washington, DC 20006. Phone No. - 202-663-6910. Fax No. - 202-663-6363 Filing fee $ 100, receipt number 0090-5670585. Fee Status: Fee Paid. by GROWTH ENERGY (Attachments: # 1 Declaration of David M. Lehn in Support of Motion, # 2 Text of Proposed Order)(Waxman, Seth) (Entered: 09/04/2018)
2018-09-046MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Claire H. Chung, :Firm- Wilmer Cutler Pickering Hale and Dorr LLP, :Address- 1875 Pennsylvania Avenue NW, 20006. Phone No. - 202-663-6641. Fax No. - 202-663-6363 Filing fee $ 100, receipt number 0090-5670812. Fee Status: Fee Paid. by GROWTH ENERGY (Attachments: # 1 Declaration of Claire H. Chung in Support of Motion, # 2 Text of Proposed Order)(Waxman, Seth) (Entered: 09/04/2018)
2018-09-04MINUTE ORDER GRANTING 5 Motion for Admission Pro Hac Vice of DAVID M. LEHN. So ORDERED by Judge James E. Boasberg on 9/4/2018. (lcjeb3) (Entered: 09/04/2018)
2018-09-04MINUTE ORDER GRANTING 6 Motion for Admission Pro Hac Vice of CLAIRE H. CHUNG. So ORDERED by Judge James E. Boasberg on 9/4/2018. (lcjeb3) (Entered: 09/04/2018)
2018-09-067NOTICE of Appearance by Bryan Matthew Stockton on behalf of All Plaintiffs (Stockton, Bryan) (Entered: 09/06/2018)
2018-10-028RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/19/2018. Answer due for ALL FEDERAL DEFENDANTS by 10/19/2018. (Morrison, Matthew); Modified text on 10/9/2018 (tth). (Entered: 10/02/2018)
2018-10-029RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/24/2018. (Morrison, Matthew) (Entered: 10/02/2018)
2018-10-0210RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 9/18/2018 (Morrison, Matthew) (Entered: 10/02/2018)
2018-10-1611RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF ENERGY served on 10/5/2018 (Morrison, Matthew) (Entered: 10/16/2018)
2018-10-1712NOTICE of Appearance by Matthew Evan Kahn on behalf of All Defendants (Kahn, Matthew) (Entered: 10/17/2018)
2018-10-1713Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kahn, Matthew) (Entered: 10/17/2018)
2018-10-18MINUTE ORDER GRANTING Consent 13 Motion for Extension of Time to File Answer. The Court ORDERS that Defendants shall file their Answer by November 19, 2018. So ORDERED by Judge James E. Boasberg on 10/18/2018. (lcjeb3) (Entered: 10/18/2018)
2018-10-18Set/Reset Deadlines: Answer due by 11/19/2018. (znbn) (Entered: 10/18/2018)
2018-11-1914ANSWER to Complaint by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Kahn, Matthew) (Entered: 11/19/2018)
2018-11-20MINUTE ORDER: The Court ORDERS that the parties shall meet, confer, and submit a joint proposed briefing schedule by December 4, 2019. So ORDERED by Judge James E. Boasberg on 11/20/2018. (lcjeb3) (Entered: 11/20/2018)
2018-11-20Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 12/4/2018. (znbn) (Entered: 11/21/2018)
2018-12-0415PROPOSED BRIEFING SCHEDULE by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kahn, Matthew) (Entered: 12/04/2018)
2018-12-06ENTERED IN ERROR.....Set/Reset Deadlines/Hearings: Responses due by 1/31/2019. Status Conference set for 3/7/2019 at 10:00 AM in Courtroom 25 before Judge James E. Boasberg. (znbn) Modified on 2/22/2019 (znbn). (Entered: 12/07/2018)
2018-12-07MINUTE ORDER: Per the parties' 15 Joint Proposed Schedule, the Court ORDERS that the parties submit a further joint status report by January 10, 2019. EPA and DOE should have completed their searches, and the parties will be in a better position to submit a proposed briefing schedule. So ORDERED by Judge James E. Boasberg on 12/7/2018. (lcjeb3) (Entered: 12/07/2018)
2018-12-07Set/Reset Deadlines: Joint Status Report due by 1/10/2019. (znbn) (Entered: 12/07/2018)
2019-01-0216Consent MOTION to Stay by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kahn, Matthew). Added MOTION for Extension of Time to on 1/2/2019 (tth). (Entered: 01/02/2019)
2019-01-02MINUTE ORDER GRANTING 16 Motion to Stay. The Court ORDERS that Defendants shall file a status report within seven calendar days after Congress has appropriated funds for the Department of Justice and Defendants. So ORDERED by Judge James E. Boasberg on 1/2/2019. (lcjeb1) (Entered: 01/02/2019)
2019-02-0117STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kahn, Matthew) (Entered: 02/01/2019)
2019-02-04MINUTE ORDER: The Court ADOPTS Defendants' 17 Status Report and ORDERS that they shall submit a status report by February 22, 2019, in which they outline EPA's production schedule and the status of DOE's final production. So ORDERED by Judge James E. Boasberg on 2/4/2019. (lcjeb3) (Entered: 02/04/2019)
2019-02-04Set/Reset Deadlines: Status Report due by 2/22/2019. (znbn) (Entered: 02/04/2019)
2019-02-2118STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kahn, Matthew) (Entered: 02/21/2019)
2019-02-22MINUTE ORDER: The Court ADOPTS Defendants' 18 Status Report and ORDERS that the parties shall file a joint status report on or before March 29, 2019. So ORDERED by Judge James E. Boasberg on 2/22/2019. (lcjeb3) (Entered: 02/22/2019)
2019-02-22Set/Reset Deadlines: Joint Status Report due by 3/29/2019. (znbn) (Entered: 02/22/2019)
2019-03-2919Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Kahn, Matthew) (Entered: 03/29/2019)
2019-04-01MINUTE ORDER: The Court ADOPTS the parties' 19 Joint Status Report and ORDERS that they shall file another joint status report on or before April 29, 2019. So ORDERED by Judge James E. Boasberg on 4/1/2019. (lcjeb3) (Entered: 04/01/2019)
2019-04-01Set/Reset Deadlines: Joint Status Report due by 4/29/2019. (znbn) (Entered: 04/01/2019)
2019-04-2920Joint STATUS REPORT by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION. (Morrison, Matthew) (Entered: 04/29/2019)
2019-04-30MINUTE ORDER: The Court ADOPTS the parties' 20 Joint Status Report and ORDERS that they shall file another joint status report on or before May 30, 2019. So ORDERED by Judge James E. Boasberg on 4/30/2019. (lcjeb3) (Entered: 04/30/2019)
2019-04-30Set/Reset Deadlines: Joint Status Report due by 5/30/2019. (znbn) (Entered: 04/30/2019)
2019-05-3021Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kahn, Matthew) (Entered: 05/30/2019)
2019-05-31MINUTE ORDER: The Court ADOPTS the parties' 21 Joint Status Report and ORDERS that they shall file another joint status report on or before July 8, 2019. So ORDERED by Judge James E. Boasberg on 5/31/2019. (lcjeb3) (Entered: 05/31/2019)
2019-05-31Set/Reset Deadlines: Joint Status Report due by 7/8/2019. (znbn) (Entered: 06/03/2019)
2019-07-0822Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kahn, Matthew) (Entered: 07/08/2019)
2019-07-09MINUTE ORDER: The Court ADOPTS the parties' 22 Joint Status Report and ORDERS that they shall file another joint status report on or before August 9, 2019. So ORDERED by Judge James E. Boasberg on 7/9/2019. (lcjeb3) (Entered: 07/09/2019)
2019-07-09Set/Reset Deadlines: Joint Status Report due by 8/9/2019. (znbn) (Entered: 07/09/2019)
2019-07-1223MOTION for Protective Order by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kahn, Matthew) (Entered: 07/12/2019)
2019-07-2624Memorandum in opposition to re 23 MOTION for Protective Order filed by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Text of Proposed Order Proposed Order)(Morrison, Matthew) (Entered: 07/26/2019)
2019-08-0225Consent MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Protective Order by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kahn, Matthew) (Entered: 08/02/2019)
2019-08-05MINUTE ORDER GRANTING Consent 25 Motion for Extension of Time. The Court ORDERS that Defendant shall file its reply to Plaintiffs' Opposition to its Motion for Protective Order by August 9, 2019. So ORDERED by Judge James E. Boasberg on 8/5/2019. (lcjeb1) (Entered: 08/05/2019)
2019-08-05Set/Reset Deadlines: Replies due by 8/9/2019. (znbn) (Entered: 08/05/2019)
2019-08-0926Joint STATUS REPORT by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION. (Morrison, Matthew) (Entered: 08/09/2019)
2019-08-12MINUTE ORDER: The Court ADOPTS the parties' 26 Joint Status Report and ORDERS that they shall file another joint status report on or before September 13, 2019. So ORDERED by Judge James E. Boasberg on 8/12/2019. (lcjeb3) (Entered: 08/12/2019)
2019-08-12Set/Reset Deadlines: Joint Status Report due by 9/13/2019. (tg) (Entered: 08/12/2019)
2019-08-1627REPLY to opposition to motion re 23 MOTION for Protective Order filed by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kahn, Matthew) (Entered: 08/16/2019)
2019-08-2628Consent MOTION for Extension of Time to File Joint Status Report by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kahn, Matthew) (Entered: 08/26/2019)
2019-08-27MINUTE ORDER: The Court ORDERS that Defendants' 28 Consent Motion for Extension of Time is GRANTED. The parties shall submit a joint status report by September 20, 2019. So ORDERED by Judge James E. Boasberg on 8/27/2019. (lcjeb3) (Entered: 08/27/2019)
2019-08-27Set/Reset Deadlines: Joint Status Report due by 9/20/2019. (znbn) (Entered: 08/27/2019)
2019-09-03MINUTE ORDER: The Court sees no basis to delay briefing on the clawback issue, particularly given that the Government faces an uphill climb where the document is publicly available via a third party. As a result, the Court ORDERS that: 1) Defendant's 23 Motion for Protective Order is DENIED; 2) Defendant shall respond by September 17, 2019, to Plaintiff's 24 clawback arguments; 3) Plaintiff may file a reply by September 24, 2019, to such response; and 4) Plaintiff shall not use or disseminate the record until the Court rules. So ORDERED by Judge James E. Boasberg on 9/3/2019. (lcjeb3) (Entered: 09/03/2019)
2019-09-03Set/Reset Deadlines: Responses due by 9/17/2019. Replies due by 9/24/2019. (znbn) (Entered: 09/04/2019)
2019-09-1729MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kahn, Matthew) (Entered: 09/17/2019)
2019-09-18MINUTE ORDER GRANTING Defendants' 29 Motion for Extension of Time. The Court ORDERS that Defendants shall file its response by September 24, 2019. So ORDERED by Judge James E. Boasberg on 09/18/2019. (lcjeb3) (Entered: 09/18/2019)
2019-09-18Set/Reset Deadlines: Responses due by 9/24/2019. (znbn) (Entered: 09/18/2019)
2019-09-1930Joint MOTION for Extension of Time to File Joint Status Report by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION (Morrison, Matthew) (Entered: 09/19/2019)
2019-09-19MINUTE ORDER GRANTING the parties' 30 Motion for Extension of Time. The Court ORDERS that the parties shall file another joint status report by September 27, 2019. So ORDERED by Judge James E. Boasberg on 9/19/2019. (lcjeb3) (Entered: 09/19/2019)
2019-09-19Set/Reset Deadlines: Joint Status Report due by 9/27/2019. (znbn) (Entered: 09/20/2019)
2019-09-2431NOTICE by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY re Order on Motion for Protective Order,, (Kahn, Matthew) (Entered: 09/24/2019)
2019-09-2732Joint STATUS REPORT by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION. (Morrison, Matthew) (Entered: 09/27/2019)
2019-09-30MINUTE ORDER ADOPTING the parties' 32 Joint Status Report. The Court ORDERS that the parties shall submit a further joint status report by November 1, 2019. So ORDERED by Judge James E. Boasberg on 9/30/2019. (lcjeb3) (Entered: 09/30/2019)
2019-09-30Set/Reset Deadlines: Joint Status Report due by 11/1/2019. (znbn) (Entered: 09/30/2019)
2019-10-0433MOTION for Hearing by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION (Morrison, Matthew) (Entered: 10/04/2019)
2019-10-07MINUTE ORDER: The Court ORDERS that: 1) Plaintiff's 33 Motion is GRANTED; and 2) The parties shall appear for a hearing on October 28, 2019, at 10:30 a.m. So ORDERED by Judge James E. Boasberg on 10/7/2019. (lcjeb3) (Entered: 10/07/2019)
2019-10-07Set/Reset Hearings: Status Conference set for 10/28/2019 at 10:30 AM before Judge James E. Boasberg. (znbn) (Entered: 10/07/2019)
2019-10-10MINUTE ORDER: Given Defendant's 31 Notice that it will no longer be litigating its prior clawback demand, the Court ORDERS that Plaintiffs are free to disseminate the record previously disputed in Defendant's 23 Protective Order. So ORDERED by Judge James E. Boasberg on 10/10/2019. (lcjeb1) (Entered: 10/10/2019)
2019-10-2534NOTICE of Appearance by Denise M. Clark on behalf of All Defendants (Clark, Denise) (Entered: 10/25/2019)
2019-10-28Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 10/28/2019. Oral discussions heard, Order forthcoming. Joint Status Report due by 1/31/2020. (Court Reporter Lisa Griffith) (znbn) (Entered: 10/28/2019)
2019-10-28MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that: 1) By January 31, 2020, Defendants shall release Phase I records where the CBI is not challenged by the submitter; 2) By the same date, the parties shall submit a Joint Status Report; and 3) Defendants shall begin the production of Phase III records by November 20, 2019, and shall review 750 records per month and make bi-monthly releases. So ORDERED by Judge James E. Boasberg on 10/28/2019. (lcjeb3) (Entered: 10/28/2019)
2019-11-2735NOTICE OF SUBSTITUTION OF COUNSEL by Michelle D. Jackson on behalf of All Defendants Substituting for attorney Denise M. Clark (Jackson, Michelle) (Entered: 11/27/2019)
2020-01-2336Consent MOTION for Extension of Time to by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Jackson, Michelle) (Entered: 01/23/2020)
2020-01-24MINUTE ORDER: The Court ORDERS that: 1) Defendants' 36 Motion is GRANTED; 2) By February 7, 2020, Defendants shall release Phase III records; and 3) By the same date, Defendants shall release any Phase I records where the CBI is not challenged by the submitter and were not disclosed to Plaintiffs on January 31, 2020. So ORDERED by Judge James E. Boasberg on 1/24/2020. (lcjeb3) (Entered: 01/24/2020)
2020-01-24Set/Reset Deadlines: Defendants shall release Phase III records and any Phase I records where the CBI is not challenged by the submitter and were not disclosed to Plaintiffs on 1/31/20 by 2/7/2020. (nbn) (Entered: 01/24/2020)
2020-01-3137MOTION for Extension of Time to File Joint Status Report by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Jackson, Michelle) (Entered: 01/31/2020)
2020-02-0338MINUTE ORDER: The Court ORDERS that: (1) The parties' 37 Motion for Extension of Time is GRANTED; and (2) The parties shall submit a joint status report by February 7, 2020. So ORDERED by Judge James E. Boasberg on 2/3/2020. (lcjeb3) (Entered: 02/03/2020)
2020-02-03Set/Reset Deadlines: Joint Status Report due by 2/7/2020. (nbn) (Entered: 02/03/2020)
2020-02-0639Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Jackson, Michelle) (Entered: 02/06/2020)
2020-02-07MINUTE ORDER: The Court ADOPTS the parties' 39 Joint Status Report and ORDERS that they shall file a further joint status report by March 17, 2020. So ORDERED by Judge James E. Boasberg on 2/7/2020. (lcjeb3) (Entered: 02/07/2020)
2020-02-07Set/Reset Deadlines: Joint Status Report due by 3/17/2020. (nbn) (Entered: 02/07/2020)
2020-03-1740Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Jackson, Michelle) (Entered: 03/17/2020)
2020-03-18MINUTE ORDER: The Court ADOPTS the parties' 40 Joint Status Report and ORDERS that they shall file a further joint status report by April 30, 2020. So ORDERED by Judge James E. Boasberg on 3/18/2020. (lcjeb2) (Entered: 03/18/2020)
2020-03-18Set/Reset Deadlines: Joint Status Report due by 4/30/2020. (nbn) (Entered: 03/18/2020)
2020-03-1941NOTICE OF WITHDRAWAL OF APPEARANCE as to GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION. Attorney Bryan Matthew Stockton terminated. (Stockton, Bryan) (Entered: 03/19/2020)
2020-04-3042Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Graham-Oliver, Heather) (Entered: 04/30/2020)
2020-05-01MINUTE ORDER: The Court ADOPTS the parties' 42 Joint Status Report and ORDERS that they file a further joint status report by May 30, 2020. So ORDERED by Judge James E. Boasberg on 5/1/2020. (lcjeb3) (Entered: 05/01/2020)
2020-05-01Set/Reset Deadlines: Joint Status Report due by 5/30/2020. (znbn) (Entered: 05/01/2020)
2020-05-0443NOTICE of Appearance by Shelby Leigh Dyl on behalf of All Plaintiffs (Dyl, Shelby) (Main Document 43 replaced on 5/5/2020) (ztth). (Entered: 05/04/2020)
2020-05-1444WITHDRAWN PURSUANT TO ERRATA FILED ON 5/15/2020.....NOTICE OF SUBSTITUTION OF COUNSEL by Kristin Brudy-Everett on behalf of All Defendants Substituting for attorney Michelle D. Jackson (Brudy-Everett, Kristin); Modified on 5/15/2020 (ztth). (Entered: 05/14/2020)
2020-05-1545Amended NOTICE OF SUBSTITUTION OF COUNSEL by Kristin Brudy-Everett on behalf of All Defendants Substituting for attorney Michelle D. Jackson . (Attachments: # 1 Supplement Corrected Substitution of Counsel)(Brudy-Everett, Kristin) Modified event title on 5/18/2020 (znmw). (Entered: 05/15/2020)
2020-05-2946Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 05/29/2020)
2020-06-01MINUTE ORDER: The Court ADOPTS the parties' 46 Joint Status Report and ORDERS that they shall submit a further joint status report by July 30, 2020. So ORDERED by Judge James E. Boasberg on 6/1/2020. (lcjeb3) (Entered: 06/01/2020)
2020-06-01Set/Reset Deadlines: Joint Status Report due by 7/30/2020. (znbn) (Entered: 06/01/2020)
2020-07-0147Consent MOTION for Hearing by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION (Dyl, Shelby) (Entered: 07/01/2020)
2020-07-01MINUTE ORDER: The Court GRANTS Plaintiffs' 47 Motion for a Status Conference and ORDERS that a telephonic conference call is hereby set for Wednesday, July 8, 2020, at 2:00 p.m. The Court ORDERS that the parties shall dial into Chambers' toll-free conference-call number, (877) 402-9753, at this time. Chambers will contact the parties via email with the dial-in code. So ORDERED by Judge James E. Boasberg on 7/1/2020. (lcjeb3) (Entered: 07/01/2020)
2020-07-01Set/Reset Hearings: Status Conference set for 7/8/2020 at 02:00 PM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 07/02/2020)
2020-07-06MINUTE ORDER: At the parties' request, the Court ORDERS that the hearing set for July 8, 2020, is VACATED and RESET for July 23, 2020, at 2:00 p.m. So ORDERED by Judge James E. Boasberg on 7/6/2020. (lcjeb3) (Entered: 07/06/2020)
2020-07-06Set/Reset Hearings: Status Conference set for 7/23/2020 at 02:00 PM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 07/07/2020)
2020-07-2348RESPONSE re 47 Consent MOTION for Hearing filed by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Brudy-Everett, Kristin) (Entered: 07/23/2020)
2020-07-23MINUTE ORDER: As discussed in today's telephonic hearing, the Court ORDERS that: 1) By September 10, 2020, Defendant shall produce to Plaintiffs the five data elements (unless claimed as CBI) listed on ECF No. 48 at 3; 2) Plaintiffs agree to a stay in the processing of Phase II and III documents; and 3) The parties shall submit a joint status report by September 17, 2020. So ORDERED by Judge James E. Boasberg on 7/23/2020. (lcjeb3) (Entered: 07/23/2020)
2020-07-23Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 7/23/2020. Joint Status Report due by 9/17/2020. (Court Reporter Lisa Griffith) (znbn) (Entered: 07/23/2020)
2020-09-1149Joint MOTION for Extension of Time to File Joint Status Report by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION (Dyl, Shelby) (Entered: 09/11/2020)
2020-09-11MINUTE ORDER GRANTING 49 Motion for Extension of Time. The Court ORDERS that the parties shall file a joint status report by September 29, 2020. So ORDERED by Judge James E. Boasberg on 09/11/2020. (lcjeb3) (Entered: 09/11/2020)
2020-09-11Set/Reset Deadlines: Status Report due by 9/29/2020. (znbn) (Entered: 09/14/2020)
2020-09-2950Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 09/29/2020)
2020-09-30MINUTE ORDER: The Court ADOPTS the parties' 50 Joint Status Report and ORDERS that they shall file a further joint status report by October 30, 2020. So ORDERED by Judge James E. Boasberg on 09/30/2020. (lcjeb3) (Entered: 09/30/2020)
2020-09-30Set/Reset Deadlines: Joint Status Report due by 10/30/2020. (znbn) (Entered: 10/05/2020)
2020-09-30Set/Reset Deadlines: Joint Status Report due by 10/30/2020. (znbn) (Entered: 10/05/2020)
2020-10-2751MOTION for Partial Summary Judgment by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Morrison, Matthew) (Entered: 10/27/2020)
2020-10-3052STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Brudy-Everett, Kristin) (Entered: 10/30/2020)
2020-11-0253RESPONSE re 52 STATUS REPORT by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION. (Morrison, Matthew) Modified event title and link on 11/3/2020 (znmw). (Entered: 11/02/2020)
2020-11-02MINUTE ORDER: The Court ORDERS that a status hearing is scheduled for November 6, 2020, at 10:30 a.m. So ORDERED by Judge James E. Boasberg on 11/02/2020. (lcjeb3) (Entered: 11/02/2020)
2020-11-0254NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. Attorney Matthew Evan Kahn terminated. (Brudy-Everett, Kristin) (Entered: 11/02/2020)
2020-11-02Set/Reset Hearings: Status Conference set for 11/6/2020 at 10:30 AM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 11/03/2020)
2020-11-06MINUTE ORDER: As discussed in today's status hearing, the Court ORDERS that: 1) Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment is due by December 10, 2020, with Plaintiffs' Reply due by December 21, 2020; and 2) The parties shall submit a further Joint Status Report by January 8, 2021. So ORDERED by Judge James E. Boasberg on 11/06/2020. (lcjeb3) (Entered: 11/06/2020)
2020-11-06Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/10/2020. Reply to Motion for Summary Judgment due by 12/21/2020. Joint Status Report due by 1/8/2021. (znbn) (Entered: 11/09/2020)
2020-11-06Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 11/6/2020. (Court Reporter Lisa Griffith) (nbn) (Entered: 11/12/2020)
2020-12-0955Consent MOTION to Modify the Briefing Schedule by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Brudy-Everett, Kristin) (Entered: 12/09/2020)
2020-12-0956ERRATA by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 55 Consent MOTION to Modify the Briefing Schedule filed by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Brudy-Everett, Kristin) (Entered: 12/09/2020)
2020-12-10MINUTE ORDER GRANTING Consent 55 Motion to Modify, as amended via 56 Errata. The Court ORDERS that Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment is due by December 11, 2020, with Plaintiffs' Reply due by December 22, 2020. So ORDERED by Judge James E. Boasberg on 12/10/2020. (lcjeb3) (Entered: 12/10/2020)
2020-12-10Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/11/2020. Reply to Motion for Summary Judgment due by 12/22/2020. (nbn) (Entered: 12/10/2020)
2020-12-1157Joint MOTION to Modify the Briefing Schedule by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Brudy-Everett, Kristin) (Entered: 12/11/2020)
2020-12-11MINUTE ORDER GRANTING 57 Joint Motion to Modify. The Court ORDERS that Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment is due by December 15, 2020, with Plaintiffs' Reply due by January 5, 2021. So ORDERED by Judge James E. Boasberg on 12/11/2020. (lcjeb3) (Entered: 12/11/2020)
2020-12-11Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/15/2020. Reply to Motion for Summary Judgment due by 1/5/2021. (nbn) (Entered: 12/11/2020)
2020-12-1558Memorandum in opposition to re 51 MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Statement of Facts, # 2 Declaration of Kevin M. Miller, # 3 Exhibit Vaughn Index, # 4 Exhibit A, # 5 Exhibit B)(Brudy-Everett, Kristin) (Entered: 12/15/2020)
2021-01-0559REPLY to opposition to motion re 51 MOTION for Partial Summary Judgment filed by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION. (Morrison, Matthew) (Entered: 01/05/2021)
2021-01-0860Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 01/08/2021)
2021-01-21MINUTE ORDER: The Court ORDERS that by Monday, January 25, 2021, Defendants shall provide to the Court, for in camera review, copies of "the affected refineries' substantiations and EPA's confidentiality determinations" for those refineries. See ECF No. 58 at 26, 31. So ORDERED by Judge James E. Boasberg on 1/21/2021. (lcjeb2) (Entered: 01/21/2021)
2021-01-21Set/Reset Deadlines: In-Camera Submission due by 1/25/2021. (znbn) (Entered: 01/21/2021)
2021-02-0461ORDER: The Court ORDERS that: (1) Plaintiffs' 51 Motion for Partial Summary Judgment is GRANTED IN PART and DENIED IN PART; (2) The case is REMANDED IN PART to EPA to reconsider its withholding decisions as to the seven records identified in the Sealed Appendix to the Court's Opinion; (3) EPA shall file a status report by February 18, 2021, updating the Court as to its position on the seven records; and (4) The processing and production of Phase II and Phase III documents remains STAYED. Signed by Judge James E. Boasberg on 2/4/2021. (lcjeb2) (Entered: 02/04/2021)
2021-02-0462MEMORANDUM OPINION re 61 Order on Motion for Partial Summary Judgment. Signed by Judge James E. Boasberg on 2/4/2021. (lcjeb2) (Entered: 02/04/2021)
2021-02-0463SEALED APPENDIX TO 62 MEMORANDUM OPINION. (This document is SEALED and only available to authorized persons.)(zlsj) (Entered: 02/04/2021)
2021-02-16MINUTE ORDER: ERRATUM: The following sentence shall replace the first full sentence on p. 16 of the Court's 62 Memorandum Opinion: "The agency appears to have concluded that so long as a refinery closely held one petition, regardless of whether it disclosed its petitions in other years, the one closely held petition was 'customarily and actually treated as private.'" A Corrected Memorandum Opinion reflecting this correction is docketed hereafter. So ORDERED by Judge James E. Boasberg on 2/16/2021. (lcjeb2) (Entered: 02/16/2021)
2021-02-1664CORRECTED MEMORANDUM OPINION re 61 Order on Motion for Partial Summary Judgment. Signed by Judge James E. Boasberg on 2/16/2021. (lcjeb2) (Entered: 02/16/2021)
2021-02-1865STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 02/18/2021)
2021-02-19MINUTE ORDER: The Court ADOPTS Defendant's 65 Status Report and ORDERS that they shall file a further status report by April 12, 2021. So ORDERED by Judge James E. Boasberg on 2/19/2021. (lcjeb2) (Entered: 02/19/2021)
2021-02-19Set/Reset Deadlines: Status Report due by 4/12/2021. (nbn) (Entered: 02/19/2021)
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