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Case TitleNorthwest Environmental Advocates v. United States Environmental Protection Agency
DistrictWestern District of Washington
CitySeattle
Case Number2:2019cv00887
Date Filed2019-06-06
Date ClosedOpen
JudgeJudge Robert S. Lasnik
PlaintiffNorthwest Environmental Advocates an Oregon non-profit corporation
Case DescriptionNorthwest Environmental Advocates submitted a FOIA request to the EPA for records concerning NWEA's 2013 petition to have the agency update Washington State's criteria for toxics. The agency acknowledged receipt of the request. The agency then told NWEA that it had posted an interim response to its request on its website. The agency disclosed 1,041 pages in four sets. Although the agency did not indicate that it was withholding any information, NWEA found that information had been redacted on the basis of Exemption 5 (privileges) and Exemption 6 (invasion of privacy). NWEA filed an administrative appeal, but after hearing nothing further from the agency, NWEA filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Environmental Protection Agency an agency of the United States of America
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [13]
Opinion/Order [17]
Opinion/Order [20]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-061COMPLAINT against defendant(s) U.S. Environmental Protection Agency (Receipt # 0981-5797547), filed by Northwest Environmental Advocates. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Kampmeier, Paul) (Entered: 06/06/2019)
2019-06-062CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Northwest Environmental Advocates (Kampmeier, Paul) (Entered: 06/06/2019)
2019-06-063APPLICATION OF ATTORNEY Lia Comerford FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Northwest Environmental Advocates (Fee Paid) Receipt No. 0981-5797581 (Kampmeier, Paul) (Entered: 06/06/2019)
2019-06-074ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Lia Comerford for Plaintiff Northwest Environmental Advocates, by Clerk William M McCool. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (DS) (Entered: 06/07/2019)
2019-06-07Judge Robert S. Lasnik added. (GT) (Entered: 06/07/2019)
2019-06-075Summons Electronically Issued as to defendant United States Environmental Protection Agency. (GT) (Entered: 06/07/2019)
2019-06-286AFFIDAVIT of Mailing of Summons and Complaint to United States Environmental Protection Agency on 6/10/2019, filed by Plaintiff Northwest Environmental Advocates. (Comerford, Lia) (Entered: 06/28/2019)
2019-06-287CERTIFICATE OF SERVICE by Plaintiff Northwest Environmental Advocates re 2 Corporate Disclosure Statement, 3 Application for Leave to Appear Pro Hac Vice, 1 Complaint, 4 Order on Application for Leave to Appear Pro Hac Vice, Add and Terminate Judges (Comerford, Lia) (Entered: 06/28/2019)
2019-07-158NOTICE of Appearance by attorney Michelle R. Lambert on behalf of Defendant United States Environmental Protection Agency. (Lambert, Michelle) (Entered: 07/15/2019)
2019-07-159ANSWER to 1 Complaint by United States Environmental Protection Agency.(Lambert, Michelle) (Entered: 07/15/2019)
2019-07-1610ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 8/13/2019, by Judge Robert S. Lasnik. (KERR) (Entered: 07/16/2019)
2019-08-0611MINUTE ORDER - Per the request of the parties and for good cause shown, the deadline for Initial Disclosures has been extended to Friday, August 16, 2019 and the deadline for the Combined Joint Status Report and Discovery Plan has been extended to Friday, August 23, 2019. (KERR) (Entered: 08/06/2019)
2019-08-1512STIPULATION AND PROPOSED ORDER for ext of deadlines by parties (Lambert, Michelle) (Entered: 08/15/2019)
2019-08-2013ORDER re Parties' 12 Stipulation for Extension of Deadlines: Initial Disclosure Deadline is 8/23/2019, Joint Status Report due by 8/30/2019. Signed by Judge Robert S. Lasnik. (MW) (Entered: 08/20/2019)
2019-08-3014JOINT STATUS REPORT signed by all parties estimated Trial Days: 0. (Comerford, Lia) (Entered: 08/30/2019)
2019-09-0615JOINT STATUS REPORT signed by all parties estimated Trial Days: 0. (Comerford, Lia) (Entered: 09/06/2019)
2019-09-2016Joint MOTION for Entry of Order Vacating Case Schedule and Setting Deadlines , filed by Plaintiff Northwest Environmental Advocates. (Attachments: # 1 Proposed Order on Joint Motion for Entry of Order Vacating Case Schedule and Setting Deadlines) Noting Date 9/20/2019, (Comerford, Lia) (Entered: 09/20/2019)
2019-09-2417ORDER re Parties' 16 Joint MOTION for Entry of Order Vacating Case Schedule and Setting Deadlines: Joint Status Report due by 1/31/2020. Signed by Judge Robert S. Lasnik.(MW) (Entered: 09/24/2019)
2020-01-3118JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 0. (Comerford, Lia) (Entered: 01/31/2020)
2020-01-3119Joint MOTION Entry of Order Setting Deadlines , filed by Plaintiff Northwest Environmental Advocates. (Attachments: # 1 Proposed Order) Noting Date 1/31/2020, (Comerford, Lia) (Entered: 01/31/2020)
2020-02-0420ORDER re Parties' 19 Joint MOTION for Entry of Order Setting Deadlines: By 3/31/2020, Defendant shall complete a supplemental search for potentially responsive records and release to Plaintiff any responsive records discovered and provide Plaintiff with an updated Index of Redacted or Entirely Withheld Records; By 4/22/2020, for each record withheld in full or in part on the basis of the deliberative process privilege (Exemption 5), Defendant shall provide Plaintiff with an explanation for the withholding. By 5/6/2020, the Parties will submit a Joint Status Report to the Court notifying the Court of any remaining issues in the litigation. Signed by Judge Robert S. Lasnik.(MW) (Entered: 02/04/2020)
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by FOIA Project Staff
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