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Case TitleCENTER FOR BIOLOGICAL DIVERSITY et al v. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02198
Date Filed2019-07-24
Date ClosedOpen
JudgeJudge Ketanji Brown Jackson
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
PlaintiffENVIRONMENTAL INTEGRITY PROJECT
Case DescriptionThe Center for Biological Diversity and the Environmental Integrity Project filed suit against the EPA to challenge its revised FOIA regulation that had been published without notice or comment.
Complaint issues: Litigation - Jurisdiction - Injunction, Litigation - Attorney's fees

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
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

2019-07-241COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-6274832) filed by CENTER FOR BIOLOGICAL DIVERSITY, INC., ENVIRONMENTAL INTEGRITY PROJECT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Corporate Disclosure)(Townsend, Margaret) (Entered: 07/24/2019)
2019-07-26Case Assigned to Judge Carl J. Nichols. (zeg) (Entered: 07/26/2019)
2019-07-262NOTICE OF RELATED CASE by CENTER FOR BIOLOGICAL DIVERSITY, ENVIRONMENTAL INTEGRITY PROJECT. Case related to Case No. 19-688. (Townsend, Margaret) (Entered: 07/26/2019)
2019-07-26Case Reassigned to Judge Ketanji Brown Jackson. Judge Carl J. Nichols is no longer assigned to the case. (zeg) (Entered: 07/26/2019)
2019-07-263SUMMONS (3) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 07/26/2019)
2019-08-124NOTICE of Appearance by Amy R. Atwood on behalf of CENTER FOR BIOLOGICAL DIVERSITY, ENVIRONMENTAL INTEGRITY PROJECT (Atwood, Amy) (Entered: 08/12/2019)
2019-08-145RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ENVIRONMENTAL PROTECTION AGENCY served on 8/5/2019 (Attachments: # 1 Exhibit Proof of Service)(Townsend, Margaret) (Entered: 08/14/2019)
2019-08-146RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/5/2019. (Attachments: # 1 Exhibit Proof of Service)(Townsend, Margaret) (Entered: 08/14/2019)
2019-08-147RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/8/2019. Answer due for ALL FEDERAL DEFENDANTS by 10/7/2019. (Attachments: # 1 Exhibit Proof of Service)(Townsend, Margaret) (Entered: 08/14/2019)
2019-08-168GENERAL ORDER AND GUIDELINES APPLICABLE TO APA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for batching motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 8/16/2019. (lckbj1) (Entered: 08/16/2019)
2019-09-239NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 19-2181. (Townsend, Margaret) (Entered: 09/23/2019)
2019-09-2310NOTICE of Appearance by Joshua M. Kolsky on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (Kolsky, Joshua) (Entered: 09/23/2019)
2019-09-2311MOTION for Extension of Time to Respond to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 09/23/2019)
2019-09-24MINUTE ORDER granting 11 Opposed Motion for Extension of Time to Answer. It is hereby ORDERED that Defendant shall answer or otherwise respond to the complaint on or before 10/28/2019. Signed by Judge Ketanji Brown Jackson on 9/24/2019. (lckbj1) (Entered: 09/24/2019)
2019-10-2312MOTION for Extension of Time to Respond to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) Modified on 10/24/2019 (ztd). (Entered: 10/23/2019)
2019-10-24MINUTE ORDER granting, for good cause shown, 12 Motion for Extension of Time to Answer. It is hereby ORDERED that Defendant shall answer or otherwise respond to the Complaint on or before 11/1/2019. Signed by Judge Ketanji Brown Jackson on 10/24/2019. (JAG) (Entered: 10/24/2019)
2019-10-2913NOTICE of Intent to File Motion to Dismiss by U.S. ENVIRONMENTAL PROTECTION AGENCY (Kolsky, Joshua) (Entered: 10/29/2019)
2019-11-0114NOTICE of Service of Motion to Dismiss by U.S. ENVIRONMENTAL PROTECTION AGENCY (Kolsky, Joshua) (Entered: 11/01/2019)
2019-11-0115RESPONSE re 2 Notice of Related Case filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Kolsky, Joshua) (Entered: 11/01/2019)
2019-11-04MINUTE ORDER setting briefing schedule for motion to dismiss. Defendant's motion to dismiss shall be served on or before 11/1/2019; Plaintiffs' consolidated opposition and cross-motion for summary judgment shall be served on or before 12/20/2019; Defendant's consolidated reply and cross-motion opposition shall be served on or before 1/13/2020; Plaintiffs' cross-motion reply shall be served on or before 2/3/2020; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 3/9/2020. Signed by Judge Ketanji Brown Jackson on 11/4/2019. (jag) (Entered: 11/04/2019)
2019-11-1316RESPONSE re 15 Response to Document Defendant's Objection to Notice of Related Case filed by CENTER FOR BIOLOGICAL DIVERSITY, ENVIRONMENTAL INTEGRITY PROJECT. (Townsend, Margaret) (Entered: 11/13/2019)
2019-12-1017Consent MOTION to Modify the Briefing Schedule by CENTER FOR BIOLOGICAL DIVERSITY, ENVIRONMENTAL INTEGRITY PROJECT (Attachments: # 1 Text of Proposed Order)(Townsend, Margaret) (Entered: 12/10/2019)
2019-12-13MINUTE ORDER affirming the related-case determination. Upon consideration of the parties' filings regarding whether the instant action is related to matter 19-cv-0688, the Court has determined that the matters are sufficiently related under the Courts rules to warrant assignment of the instant matter to the undersigned as a related case. Signed by Judge Ketanji Brown Jackson on 12/13/2019. (jag) (Entered: 12/13/2019)
2019-12-1718Unopposed MOTION for Extension of Time to File Opposition to Motion to Dismiss by CENTER FOR BIOLOGICAL DIVERSITY, ENVIRONMENTAL INTEGRITY PROJECT (Attachments: # 1 Text of Proposed Order)(Townsend, Margaret) (Entered: 12/17/2019)
2019-12-26MINUTE ORDER. The Appendix to this Court's 8 General Order and Guidelines for APA Cases provides that "[t]he parties are permitted to modify the schedule for serving their [dispositive motion] filings on each other by consent, and without any Order from this Court." Appendix, 4(a)(i)(3). Indeed, a Court order extending the summary judgment briefing deadlines is only necessary if the proposed changes to the briefing schedule would require an extension of the final filing deadline. See id. 4(a)(ii)(2). Because Plaintiffs have filed consent motions to amend the briefing schedule in a manner that would not require any change to the final filing deadline, no Court approval is needed. Accordingly, it is hereby ORDERED that Plaintiffs' 17 , 18 Consent Motions to Modify the Briefing Schedule are DENIED as moot. Signed by Judge Ketanji Brown Jackson on 12/26/2019. (jag) (Entered: 12/26/2019)
2020-01-1019NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 19-3270. (Townsend, Margaret) (Entered: 01/10/2020)
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by FOIA Project Staff
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