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Case TitleENVIRONMENTAL DEFENSE FUND v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02213
Date Filed2019-07-25
Date Closed2020-02-26
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)
2019-08-298ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Rogers, Joshua) (Entered: 08/29/2019)
2019-09-04MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by September 19, 2019. Signed by Judge Christopher R. Cooper on 09/04/2019. (lccrc3) (Entered: 09/04/2019)
2019-09-04Set/Reset Deadlines: Proposed Briefing Schedule due by 9/19/2019 (lsj) (Entered: 09/04/2019)
2019-09-199PROPOSED BRIEFING SCHEDULE by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 09/19/2019)
2019-09-2010ORDER setting summary judgment briefing schedule. See full Order for details. Signed by Judge Christopher R. Cooper on 09/19/2019. (lccrc3) (Entered: 09/20/2019)
2019-09-23Set/Reset Deadlines: Summary Judgment motions due by 11/1/2019. Response to Motion for Summary Judgment due by 11/25/2019. Reply to Motion for Summary Judgment due by 12/16/2019. Replies due by 1/6/2020. (lsj) (Entered: 09/23/2019)
2019-10-3111First MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 10/31/2019)
2019-11-0112RESPONSE re 11 First MOTION for Extension of Time to File Motion for Summary Judgment filed by ENVIRONMENTAL DEFENSE FUND. (Levitan, Benjamin) (Entered: 11/01/2019)
2019-11-01MINUTE ORDER: The parties are hereby ORDERED to appear for a telephonic conference regarding 11 Government's Motion for Extension of Time on Tuesday, November 5, 2019 at 12:00 PM. Dial-in information will be provided separately. Signed by Judge Christopher R. Cooper on 11/1/2019. (lccrc3) (Entered: 11/01/2019)
2019-11-04Set/Reset Hearings: Telephone Conference set for 11/5/2019 at 12:00 PM before Judge Christopher R. Cooper. (lsj) (Entered: 11/04/2019)
2019-11-0513NOTICE of Appearance by Alexandra G. Elenowitz-Hess on behalf of ENVIRONMENTAL DEFENSE FUND (Elenowitz-Hess, Alexandra) (Entered: 11/05/2019)
2019-11-05MINUTE ORDER: As discussed during today's telephonic hearing on 11 Government's motion to extend the present briefing schedule, the Government is hereby directed to confer with agency counsel as to the validity of the agency's Exemption 5 redactions and to file a Status Report on or before Tuesday, November 12, 2019 advising whether summary judgment briefing will still be necessary. The Court will defer ruling on the Government's extension request until it receives the Status Report. Signed by Judge Christopher R. Cooper on 11/5/2019. (lccrc3) (Entered: 11/05/2019)
2019-11-1214STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Rogers, Joshua) (Entered: 11/12/2019)
2019-11-14MINUTE ORDER: In light of 14 Government's Status Report, Plaintiff is hereby ORDERED to file a notice with the Court by Wednesday, November 20, 2019 indicating whether the Government's production has resolved the dispute. Signed by Judge Christopher R. Cooper on 11/14/2019. (lccrc3) (Entered: 11/14/2019)
2019-11-14Set/Reset Deadlines: Status Report due by 11/20/2019 (lsj) (Entered: 11/14/2019)
2019-11-2015NOTICE OF SUBSTITUTION OF COUNSEL by William J. Chang on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney Joshua Rogers (Chang, William) (Entered: 11/20/2019)
2019-11-2016ENTERED IN ERROR. . . . .First STATUS REPORT by ENVIRONMENTAL DEFENSE FUND. (Elenowitz-Hess, Alexandra) Modified on 11/21/2019 (ztd). (Entered: 11/20/2019)
2019-11-21NOTICE OF ERROR re 16 Status Report; emailed to ahess@shertremonte.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Please refer to to LcvR 5.1(a) regarding Correspondence with the Court. (ztd, ) (Entered: 11/21/2019)
2019-11-2617STATUS REPORT by ENVIRONMENTAL DEFENSE FUND. (Elenowitz-Hess, Alexandra) (Entered: 11/26/2019)
2019-11-26MINUTE ORDER: In light of 17 Joint Status Report, the parties are hereby ORDERED to submit a further Joint Status Report on or before December 20, 2019. Signed by Judge Christopher R. Cooper on 11/26/2019. (lccrc3) (Entered: 11/26/2019)
2019-11-26Set/Reset Deadlines: Joint Status Report due by 12/20/2019 (lsj) (Entered: 11/26/2019)
2019-12-2018Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Chang, William) (Entered: 12/20/2019)
2019-12-20MINUTE ORDER: In light of 18 Joint Status Report, the parties are hereby ORDERED to file a further joint status report on or before January 20, 2020. Signed by Judge Christopher R. Cooper on 12/20/2019. (lccrc3) (Entered: 12/20/2019)
2019-12-23Set/Reset Deadlines: Joint Status Report due by 1/20/2020 (lsj) (Entered: 12/23/2019)
2020-01-1719Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Chang, William) (Entered: 01/17/2020)
2020-01-17MINUTE ORDER: In light of 19 Joint Status Report, the parties are hereby ORDERED to file a further joint status report on or before February 20, 2020. If the parties have not reached a resolution on attorneys' fees by then, the Court will set a briefing schedule. Signed by Judge Christopher R. Cooper on 01/17/2020. (lccrc3) (Entered: 01/17/2020)
2020-01-21Set/Reset Deadlines: Joint Status Report due by 2/20/2020 (lsj) (Entered: 01/21/2020)
2020-02-1920Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Chang, William) (Entered: 02/19/2020)
2020-02-21MINUTE ORDER: In light of 20 Joint Status Report, the parties are hereby ORDERED to file either a stipulation of dismissal or further joint status report on or before March 4, 2020. Signed by Judge Christopher R. Cooper on 02/21/2020. (lccrc3) (Entered: 02/21/2020)
2020-02-21Set/Reset Deadlines: Joint Status Report due by 3/4/2020 (lsj) (Entered: 02/21/2020)
2020-02-2521STIPULATION of Dismissal by ENVIRONMENTAL DEFENSE FUND. (Elenowitz-Hess, Alexandra) (Entered: 02/25/2020)
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by FOIA Project Staff
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