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Case TitleSouthern Environmental Law Center v. Council on Environmental Quality
DistrictWestern District of Virginia
CityCharlottesville
Case Number3:2018cv00113
Date Filed2018-11-30
Date ClosedOpen
JudgeSenior Judge Glen E. Conrad
PlaintiffSouthern Environmental Law Center
Case DescriptionThe Southern Environmental Law Center submitted a FOIA request to the Council on Environmental Quality for records concerning its notice of rulemaking pertaining to revising procedural provisions of the National Environmental Policy Act. The agency acknowledged receipt of the request. SELC then updated its request to broaden its scope. CEQ acknowledged receipt of the updated request. SELC also requested a fee waiver. After hearing nothing further from the agency, SELC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantCouncil on Environmental Quality
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [18]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-301COMPLAINT against Council on Environmental Quality (Filing & Administrative fee $ 400; Receipt 0423-3026394.), filed by Southern Environmental Law Center. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - July 19, 2018 FOIA Request, # 3 Exhibit 2 - Sept. 5, 2018 Updated FOIA Request)(jcj)
2018-11-302Negative Corporate Disclosure Statement by Southern Environmental Law Center (jcj)
2018-11-303Electronic Summons Issued as to Council on Environmental Quality, U.S. Attorney and U.S. Attorney General. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: # 1 CEQ summons, # 2 AG summons)(jcj)
2018-12-034MOTION for Kimberley Hunter to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3027010. by Southern Environmental Law Center. (Attachments: # 1 Text of Proposed Order on Motion for Admission pro hac vice)(Butler, Morgan)
2018-12-045ORDER granting 4 MOTION for Kimberley Hunter to Appear Pro Hac Vice Attorney Kimberley Claire Hunter for Southern Environmental Law Center added. Signed by Senior Judge Glen E. Conrad on 12/3/18. (hnw)
2018-12-266MOTION to Stay by Council on Environmental Quality. (Attachments: # 1 Text of Proposed Order)(Lugar, Justin)
2019-01-107ORDER granting 6 Motion to Stay deadlines to respond to the complaint. Signed by Senior Judge Glen E. Conrad on 1/10/2019. (hnw)
2019-01-298NOTICE by Council on Environmental Quality (Lugar, Justin)
2019-02-019ANSWER to Complaint 1 by Council on Environmental Quality.(Lugar, Justin)
2019-02-0410Magistrate Consent Notice to Parties. (jcj)
2019-02-1511MOTION for Judgment on the Pleadings by Southern Environmental Law Center. (Hunter, Kimberley)
2019-02-1512Brief / Memorandum in Support re 11 MOTION for Judgment on the Pleadings . filed by Southern Environmental Law Center. (Hunter, Kimberley)
2019-03-0113Response re 11 MOTION for Judgment on the Pleadings . filed by Council on Environmental Quality. (Attachments: # 1 Exhibit A)(Lugar, Justin)
2019-03-0814REPLY to Response to Motion re 11 MOTION for Judgment on the Pleadings . filed by Southern Environmental Law Center. (Butler, Morgan)
2019-04-1915Rule 26(f) Agreed Written Plan by Plaintiff Southern Environmental Law Center (Hunter, Kimberley)
2019-06-1316CROSS MOTIONS SCHEDULING ORDER written in conjunction w/ Rule 26 plan submitted by parties and subject to change upon request of parties. Signed by Senior Judge Glen E. Conrad on 06/13/2019. (ssm) VACATED by Order entered at 17 on 6/19/2019. (ssm)
2019-06-1917Order to Vacate 16 Scheduling Order. Signed by Senior Judge Glen E. Conrad on 06/19/2019. (ssm)
2019-09-1618MEMORANDUM OPINION. Signed by Senior Judge Glen E. Conrad on 9/16/19. (jcj)
2019-09-1619ORDER denying 11 Motion for Judgment on the Pleadings; and within fourteen (14) days, the parties shall file a joint report summarizing the current status of the plaintiff's FOIA request and the parties' respective positions on an appropriate schedule for filing and briefing cross-motions for summary judgment. Signed by Senior Judge Glen E. Conrad on 9/16/19. (jcj)
2019-09-2720STATUS REPORT (JOINT) by Council on Environmental Quality (Lugar, Justin)
2019-11-2021Cross Motions Briefing Order. Signed by Senior Judge Glen E. Conrad on 11/20/2019. (ssm)
2019-12-1322MOTION for Summary Judgment by Southern Environmental Law Center. (Hunter, Kimberley)
2019-12-1323Brief / Memorandum in Support re 22 MOTION for Summary Judgment . filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1, 5-15-19 Letter to Hunter, # 2 Exhibit 2, 9-19-19 Letter to Hunter, # 3 Exhibit 3, E&E News Article, # 4 Exhibit 4, NEPA Coalition Letter, # 5 Exhibit 5, Agreed Briefing Order)(Hunter, Kimberley)
2020-01-1324RESPONSE in Opposition re 22 MOTION for Summary Judgment and Cross-Motion for Summary Judgment . filed by Council on Environmental Quality. (Attachments: # 1 Declaration in Support by Howard C. Sun)(Lugar, Justin)
2020-01-2825REPLY to Response to Motion re 22 MOTION for Summary Judgment . filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1, CEQ FY18 Annual FOIA Report, # 2 Exhibit 2, CEQ FY19 FOIA Log, # 3 Exhibit 3, EPA FY18 Annual FOIA Report, # 4 Exhibit 4, USDOJ FY18 Annual FOIA Report)(Hunter, Kimberley)
2020-02-1226REPLY to Response to Motion re 22 MOTION for Summary Judgment . filed by Council on Environmental Quality. (Lugar, Justin)
2020-02-1327MOTION for Preliminary Injunction by Southern Environmental Law Center. (Hunter, Kimberley)
2020-02-1328Brief / Memorandum in Support re 27 MOTION for Preliminary Injunction . filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1, Letter to Neumayr, # 2 Exhibit 2, Comments, # 3 Exhibit 3, Dec Letter, # 4 Exhibit 4, Jan Letter, # 5 Exhibit 5, News Article, # 6 Exhibit 6, 2018-7-17 Emails, # 7 Exhibit 7, Jan 28 tweet, # 8 Exhibit 8, Feb Tweet, # 9 Exhibit 9, News Article, # 10 Exhibit 10, News Article, # 11 Exhibit 11, 2020-1-16 Request, # 12 Exhibit 12, 2020-1-29 Request, # 13 Exhibit 13, Emails, # 14 Exhibit 14, Emails re EO12866, # 15 Exhibit 15, Emails re CEQs ANPRM, # 16 Exhibit 16, Inside EPA article, # 17 Exhibit 17, Kym Declaration, # 18 Exhibit 18, Protect NEPA, # 19 Exhibit 19, SELC Newsfeed, # 20 Exhibit 20, Kym Hearing Ticket, # 21 Exhibit 21, Resolution, # 22 Exhibit 22, NEPA Success Stories)(Hunter, Kimberley)
2020-02-1829NOTICE of Hearing on Motion 27 MOTION for Preliminary Injunction : (CR) Motion Hearing set for 3/9/2020 01:00 PM in Roanoke before Senior Judge Glen E. Conrad. (ssm)
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