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Case TitleSIERRA CLUB v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03018
Date Filed2019-10-09
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffSIERRA CLUB
Case DescriptionThe Sierra Club submitted a FOIA request to the EPA for records concerning administrator Andrew Wheeler's assertion that the effects of climate change would not occur for another 50 to 75 years. The agency acknowledged receipt of the request. The agency ultimately told the Sierra Club that its request was too vague to allow for a search. The Sierra Club filed an administrative appeal but after hearing nothing further from the agency, the Sierra Club filed suit.
Complaint issues: 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
Opinion/Order [30]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-091COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number ADCDC-6434621) filed by SIERRA CLUB. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet, # 5 Summons, # 6 Summons, # 7 Summons)(Miller, Matthew) (Entered: 10/09/2019)
2019-10-092LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SIERRA CLUB (Miller, Matthew) (Entered: 10/09/2019)
2019-10-113ERRATA correcting Civil Cover Sheet by SIERRA CLUB 1 Complaint, filed by SIERRA CLUB. (Miller, Matthew) (Entered: 10/11/2019)
2019-10-15Case assigned to Judge Amit P. Mehta. (zmc) (Entered: 10/15/2019)
2019-10-154SUMMONS (3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 10/15/2019)
2019-10-295RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 10/23/2019 (Miller, Matthew) Modified on 10/30/2019 to correct party served (jf). (Entered: 10/29/2019)
2019-10-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/24/2019. (Miller, Matthew) (Entered: 10/29/2019)
2019-10-297RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/29/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/28/2019. (Miller, Matthew) (Entered: 10/29/2019)
2019-11-218NOTICE of Appearance by John Cuong Truong on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Truong, John) (Entered: 11/21/2019)
2019-11-219MOTION for Extension of Time to Respond to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Truong, John) (Entered: 11/21/2019)
2019-11-2210RESPONSE re 9 MOTION for Extension of Time to Respond to Complaint filed by SIERRA CLUB. (Miller, Matthew) (Entered: 11/22/2019)
2019-11-22MINUTE ORDER granting in part and denying in part the 9 motion for additional time. Defendant's response to the Complaint shall be due by December 20, 2019. Signed by Judge Amit P. Mehta on 11/22/2019. (lcapm1) (Entered: 11/22/2019)
2019-11-22Set/Reset Deadlines: Defendant's Responsive Pleading due by 12/20/2019. (zjd) (Entered: 11/25/2019)
2019-12-2011ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Truong, John) (Entered: 12/20/2019)
2019-12-2312ORDER directing the parties to meet and confer and file a Joint Status Report on or before January 6, 2020. See the attached Order for further details. Signed by Judge Amit P. Mehta on 12/23/2019. (lcapm1) (Entered: 12/23/2019)
2019-12-2313Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joseph Halso, Filing fee $ 100, receipt number ADCDC-6671260. Fee Status: Fee Paid. by SIERRA CLUB (Attachments: # 1 Affidavit Declaration of J. Halso In Support of Motion, # 2 Text of Proposed Order Proposed Order Granting Motion)(Miller, Matthew) (Entered: 12/23/2019)
2019-12-23MINUTE ORDER granting 13 Motion for Leave to Appear Pro Hac Vice. Attorney Joseph Halso is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Amit P. Mehta on 12/23/2019. (lcapm1) Modified on 12/23/2019 (lcapm1) (Entered: 12/23/2019)
2019-12-23Set/Reset Deadlines: Joint Status Report due by 1/6/2020. (zjd) (Entered: 12/26/2019)
2020-01-0614Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 01/06/2020)
2020-01-07MINUTE ORDER. The parties shall file an additional Joint Status Report by January 30, 2020, which updates the court on the agency's efforts to search for and produce responsive records. Signed by Judge Amit P. Mehta on 1/7/2020. (lcapm1) (Entered: 01/07/2020)
2020-01-07Set/Reset Deadlines: Joint Status Report due by 1/30/2020. (zjd) (Entered: 01/09/2020)
2020-01-2015NOTICE of Change of Address by Matthew Edwin Miller (Miller, Matthew) (Entered: 01/20/2020)
2020-01-21NOTICE OF ERROR re 15 Notice of Change of Address; emailed to matthew.miller@sierraclub.org, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Counsel must change address via Pacer (zjf, ) (Entered: 01/21/2020)
2020-01-2416NOTICE of Appearance by Joseph Halso on behalf of SIERRA CLUB (Halso, Joseph) (Entered: 01/24/2020)
2020-01-3017NOTICE of Appearance by Brenda A. Gonzalez on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Gonzalez, Brenda) (Entered: 01/30/2020)
2020-01-3018Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Gonzalez, Brenda) (Entered: 01/30/2020)
2020-01-31MINUTE ORDER. The parties shall file an additional Joint Status Report by February 21, 2020, which updates the court on the agency's efforts to search for and produce responsive records. Signed by Judge Amit P. Mehta on 1/31/2020. (lcapm1) (Entered: 01/31/2020)
2020-01-31Set/Reset Deadlines: Joint Status Report due by 2/21/2020. (zjd) (Entered: 01/31/2020)
2020-02-2119Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Gonzalez, Brenda) (Entered: 02/21/2020)
2020-02-21MINUTE ORDER. The parties shall file an additional Joint Status Report by May 19, 2020, which updates the court on the agency's efforts to search for and produce responsive records. Signed by Judge Amit P. Mehta on 02/21/2020. (lcapm3) (Entered: 02/21/2020)
2020-02-21Set/Reset Deadlines: Joint Status Report due by 5/19/2020. (zjd) (Entered: 02/24/2020)
2020-05-1920Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 05/19/2020)
2020-05-20MINUTE ORDER. The parties shall file an additional Joint Status Report by June 19, 2020, which advises whether any dispute remains concerning attorney's fees and costs and, if so, proposes a briefing schedule. Signed by Judge Amit P. Mehta on 5/20/2020. (lcapm1) (Entered: 05/20/2020)
2020-05-20Set/Reset Deadlines: Joint Status Report due by 6/19/2020. (zjd) (Entered: 05/20/2020)
2020-06-1921Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 06/19/2020)
2020-06-19MINUTE ORDER. The parties shall file an additional Joint Status Report by July 17, 2020, which advises whether any dispute remains concerning attorney's fees and costs and, if so, proposes a briefing schedule. Signed by Judge Amit P. Mehta on 6/19/2020. (lcapm1) (Entered: 06/19/2020)
2020-06-19Set/Reset Deadlines: Joint Status Report due by 7/17/2020. (zjd) (Entered: 06/23/2020)
2020-07-1722Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 07/17/2020)
2020-07-17MINUTE ORDER entering the briefing schedule proposed in the parties' Joint Status Report, ECF No. 22. Plaintiff's motion for attorney's fees and costs shall be filed by August 28, 2020. Defendant's Response thereto shall be filed by September 28, 2020. Plaintiff's reply shall be filed by October 14, 2020. Signed by Judge Amit P. Mehta on 7/17/2020. (lcapm1) (Entered: 07/17/2020)
2020-07-17Set/Reset Deadlines: Motion for Attorney's Fees and Costs due by 8/28/2020. Response due by 9/28/2020. Reply due by 10/14/2020. (zjd) (Entered: 07/17/2020)
2020-08-2823MOTION for Attorney Fees and Costs by SIERRA CLUB (Attachments: # 1 Exhibit A, Decl. of M. Miller, # 2 Exhibit B, Decl. of J. Halso, # 3 Exhibit C, Decl. of L. Hogrewe, # 4 Exhibit D, Timekeeping Logs, # 5 Text of Proposed Order Proposed Order)(Miller, Matthew) (Entered: 08/28/2020)
2020-09-1224NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Brenda A. Gonzalez and John Cuong Truong (Carilli, Joseph) (Entered: 09/12/2020)
2020-09-2325Consent MOTION for Extension of Time to File Response by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 09/23/2020)
2020-09-24MINUTE ORDER granting Defendant's 25 Consent Motion for Extension of Time to File Response. Defendant shall file its response to Plaintiff's motion for attorney's fees by October 13, 2020, and Plaintiff shall file its reply in support of its motion for attorney's fees by November 12, 2020. Signed by Judge Amit P. Mehta on 9/24/2020. (lcapm1) (Entered: 09/24/2020)
2020-09-24Set/Reset Deadlines: Response due by 10/13/2020. Reply due by 11/12/2020. (zjd) (Entered: 09/25/2020)
2020-10-1326MOTION for Extension of Time to File Response/Reply by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 10/13/2020)
2020-10-1427Memorandum in opposition to re 23 MOTION for Attorney Fees and Costs filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Exhibit)(Carilli, Joseph) Modified on 10/14/2020 (eg). (Entered: 10/14/2020)
2020-10-1428ORDER granting 26 Defendant's Motion for Extension of Time to File Response. Defendant shall file its response to Plaintiff's motion for attorney's fees by October 14, 2020. Plaintiff shall file its reply in support of its motion for attorney's fees by November 13, 2020. See attached Order for additional details. Signed by Judge Amit P. Mehta on 10/14/2020. (lcapm1) (Entered: 10/14/2020)
2020-10-14Set/Reset Deadlines: Response due by 10/14/2020. Reply due by 11/13/2020. (zjd) (Entered: 10/15/2020)
2020-11-1329REPLY to opposition to motion re 23 MOTION for Attorney Fees and Costs filed by SIERRA CLUB. (Attachments: # 1 Exhibit A, Declaration of M. Miller, # 2 Exhibit B, Declaration of J. Halso, # 3 Exhibit C, Declaration of L. Hogrewe, # 4 Exhibit D, Timekeeping Logs)(Miller, Matthew) (Entered: 11/13/2020)
2021-03-3130MEMORANDUM OPINION AND ORDER granting Plaintiff's 23 Motion for Attorney's Fees and Costs. See the attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 3/31/2021. (lcapm2) (Entered: 03/31/2021)
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by FOIA Project Staff
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