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Case TitleCALIFORNIA AIR RESOURCES BOARD v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00965
Date Filed2019-04-05
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffCALIFORNIA AIR RESOURCES BOARD
Case DescriptionThe California Air Resources Board submitted FOIA requests to the EPA and the National Highway Traffic Safety and Administration for records concerning vehicle fleet composition, new car sales, vehicle safety, battery technology, and other related matters. The agencies acknowledged receipt of the requests. NHTSA denied several portions of CARB's requests with no explanation. The agency also withheld records under Exemption 4 (confidential business information) and Exemption 5 (privileges). CARB filed an administrative appeal of the denial by NHTSA. After hearing nothing further from either agency, CARB filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DefendantNATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-051COMPLAINT against NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-6043290) filed by CALIFORNIA AIR RESOURCES BOARD. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons to U.S. Environmental Protection Agency, # 3 Summons Summons to National Highway Traffic Safety Administration, # 4 Summons Summons to U.S. Attorney General, # 5 Summons Summons to U.S. Attorney for the District of Columbia)(Hoffman, Ryan) (Entered: 04/05/2019)
2019-04-08Case Assigned to Judge Colleen Kollar-Kotelly. (zef, ) (Entered: 04/08/2019)
2019-04-082SUMMONS (4) Issued Electronically as to NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 04/08/2019)
2019-04-123ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 4/12/19. (DM) (Entered: 04/12/2019)
2019-04-174NOTICE of Appearance by Margaret Elaine Meckenstock on behalf of CALIFORNIA AIR RESOURCES BOARD (Meckenstock, Margaret) (Entered: 04/17/2019)
2019-05-145Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, by NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Seabrook, April) (Entered: 05/14/2019)
2019-05-14MINUTE ORDER. The Court is in receipt of Defendants' 5 Unopposed Motion for Extension of Time to File Answer, and Memorandum in Support Thereof. Currently, Defendants' Answer is due May 17, 2019. Defense counsel requests an extension of thirty days due to the complex nature of the subject matter of the FOIA request, the need to confer with agency-Defendants, and other litigation commitments. Defendants' Motion is GRANTED. Defendants are ORDERED to submit their Answer by JUNE 18, 2019. Signed by Judge Colleen Kollar-Kotelly on 5/14/2019. (lcckk3) (Entered: 05/14/2019)
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by FOIA Project Staff
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