Skip to content

Case Detail

[Subscribe to updates]
Case TitleENVIRONMENTAL DEFENSE FUND v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02213
Date Filed2019-07-25
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffENVIRONMENTAL DEFENSE FUND
Case DescriptionThe Environmental Defense Fund submitted a FOIA request to the EPA for records concerning a red team/blue team exercise planned by then administrator Scott Pruitt to reevaluate climate change science. The agency acknowledged receipt of the request and referred EPA to 1,217 pages of records that had been made available by the agency in response to FOIA requests. The agency subsequently told EDF that the 1,217 pages constituted its final response and that some records were withheld under Exemption 5 (privileges). EDF filed an administrative appeal, arguing that communications with outside scientists did not constitute inter- or -intra-agency records for purposes of Exemption 5 coverage. EDF and the agency exchanged a number of emails pertaining to the appeal but after hearing nothing further from the agency, EDF filed suit.
Complaint issues: Exemption 5 - Privileges, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-251COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-6277077) filed by ENVIRONMENTAL DEFENSE FUND. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Civil Cover Sheet, # 5 Summons Summons for EPA, # 6 Summons Summons for Dep't of Justice, # 7 Summons Summons for U.S. Att'y)(Levitan, Benjamin) (Entered: 07/25/2019)
2019-07-252LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ENVIRONMENTAL DEFENSE FUND (Levitan, Benjamin) (Entered: 07/25/2019)
2019-07-26Case Assigned to Judge Christopher R. Cooper. (zjd) (Entered: 07/26/2019)
2019-07-263SUMMONS (3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zjd) (Entered: 07/26/2019)
2019-08-024NOTICE of Appearance by Joshua L. Rogers on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Rogers, Joshua) (Entered: 08/02/2019)
2019-08-075RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 7/29/2019 (Attachments: # 1 Exhibit)(Levitan, Benjamin) (Entered: 08/07/2019)
2019-08-076RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/30/2019. (Attachments: # 1 Exhibit)(Levitan, Benjamin) (Entered: 08/07/2019)
2019-08-077RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/30/2019. Answer due for ALL FEDERAL DEFENDANTS by 8/29/2019. (Attachments: # 1 Exhibit)(Levitan, Benjamin) (Entered: 08/07/2019)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar