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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00330
Date Filed2019-02-08
Date ClosedOpen
JudgeJudge Royce C. Lamberth
Case DescriptionHall & Associates submitted a FOIA request to the EPA for records concerning the agency's decision not to apply an Eighth Circuit decision on the Clean Water Act nationally. In a previous decision, another district court judge in the D.C. Circuit had ruled that the agency had made a final decision not to apply the Eighth Circuit decision nationally in 2013 and that records after that were not protected by the deliberative process privilege. Based on that ruling, Hall & Associates resubmitted its 2013 request. The agency denied the request, citing Exemption 5 (privileges). It also assessed Hall & Associates $1,400 in fees for search and review time. Hall & Associates filed an administrative appeal. The agency upheld its original denial but relied only on the attorney work-product privilege. Hall & Associates submitted several other FOIA requests to EPA on related issues. The agency acknowledged receipt of those requests, provided more than a thousand pages with information withheld or redacted, and charged Hall & Associates $1,064 for search and review costs. Hall & Associates filed an administrative appeal of that partial denial but after hearing nothing further from the agency on any of its requests, Hall & Associates filed suit.
Complaint issues: Failure to respond within statutory time limit, Fee Category - Commercial, Litigation - Attorney's fees

Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-02-081COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5937424) filed by HALL & ASSOCIATES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit)(Hall, John) (Entered: 02/08/2019)
2019-02-08Case Assigned to Judge Royce C. Lamberth. (zef, ) (Entered: 02/08/2019)
2019-02-082SUMMONS (3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 02/08/2019)
2019-02-263NOTICE OF RELATED CASE by HALL & ASSOCIATES. Case related to Case No. 18-1749. (Hall, John) (Entered: 02/26/2019)
2019-02-264MOTION to Consolidate Cases by HALL & ASSOCIATES (Hall, John) (Entered: 02/26/2019)
2019-03-075NOTICE of Appearance by Johnny Hillary Walker, III on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Walker, Johnny) (Entered: 03/07/2019)
2019-03-196Memorandum in opposition to re 4 MOTION to Consolidate Cases filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Exhibit A)(Walker, Johnny) (Entered: 03/19/2019)
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by FOIA Project Staff
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