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Case TitleENVIRONMENTAL DEFENSE FUND v. U.S. DEPARTMENT OF THE INTERIOR et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03286
Date Filed2019-10-31
Date Closed2021-05-18
JudgeJudge Rudolph Contreras
PlaintiffENVIRONMENTAL DEFENSE FUND
Case DescriptionThe Environmental Defense Fund submitted FOIA requests to the Department of Interior, National Oceanic and Atmospheric Administration, and National Aeronautics and Space Administration for records concerning the White House's effort to review or evaluate climate science. EDF also requested a fee waiver and expedited processing. The agencies acknowledged receipt of the requests. Interior and NOAA granted EDF's request for expedited processing. NOAA also granted EDF's request for a fee waiver. However, EDF heard nothing further from either agency. NASA responded to EDF's request but withheld two records because they originated with the National Security Council and were not considered agency records. EDF filed an administrative appeal of that decision. After hearing nothing further from any of the agencies, EDF filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF THE INTERIOR
DefendantNATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
DefendantNATIONAL AERONAUTICS AND SPACE ADMINISTRATION
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

2019-10-311COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-6495045) filed by ENVIRONMENTAL DEFENSE FUND. (Attachments: # 1 Exhibit A-E, # 2 Civil Cover Sheet, # 3 Summons Summons to U.S. Department of the Interior, # 4 Summons Summons to National Oceanic and Atmospheric Administration, # 5 Summons Summons to National Aeronautics and Space Administration, # 6 Summons Summons to U.S. Attorney General, # 7 Summons Summons to U.S. Attorney)(Levitan, Benjamin) (Entered: 10/31/2019)
2019-10-312LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ENVIRONMENTAL DEFENSE FUND (Levitan, Benjamin) (Entered: 10/31/2019)
2019-11-01Case Assigned to Judge Rudolph Contreras. (zrdj) (Entered: 11/01/2019)
2019-11-01SUMMONS Not Issued as to NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR (zrdj) (Entered: 11/01/2019)
2019-11-013REQUEST FOR SUMMONS TO ISSUE re 1 Complaint,, filed by ENVIRONMENTAL DEFENSE FUND. Related document: 1 Complaint,, filed by ENVIRONMENTAL DEFENSE FUND. (Attachments: # 1 Summons National Oceanic and Atmospheric Administration, # 2 Summons National Aeronautics and Space Administration, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Attorney's Office)(Levitan, Benjamin) (Entered: 11/01/2019)
2019-11-044SUMMONS (5) Issued Electronically as to NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR., SUMMONS Issued Electronically as to NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent) (ztth) (Entered: 11/04/2019)
2019-11-055MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nathaniel Hunt, Filing fee $ 100, receipt number ADCDC-6507468. Fee Status: Fee Paid. by ENVIRONMENTAL DEFENSE FUND (Attachments: # 1 Declaration of Nathaniel Hunt, # 2 Text of Proposed Order)(Levitan, Benjamin) (Entered: 11/05/2019)
2019-11-056MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nicholas Clabbers, Filing fee $ 100, receipt number ADCDC-6507491. Fee Status: Fee Paid. by ENVIRONMENTAL DEFENSE FUND (Attachments: # 1 Declaration of Nicholas Clabbers, # 2 Text of Proposed Order)(Levitan, Benjamin) (Entered: 11/05/2019)
2019-11-05MINUTE ORDER denying 6 Motion for Leave to Appear Pro Hac Vice: The Court notes that Nicholas Clabbers is admitted to the District of Columbia Bar and maintains an office within the District of Columbia. Pursuant to Local Civil Rule 83.2(c)(2) ("Practice by Non-Members of the Bar of this Court"), "[a]n attorney who engages in the practice of law from an office located in the District of Columbia must be a member of... the Bar of this Court to file papers in this Court." Pursuant to Local Civil Rule 83.8(a), attorneys who are active members in good standing of the District of Columbia Bar may petition the Clerk for admission to the bar of this court. SO ORDERED. Signed by Judge Rudolph Contreras on November 5, 2019. (lcrc3) (Entered: 11/05/2019)
2019-11-05MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2, it is hereby ORDERED that Nathaniel Hunt is admitted to represent Plaintiff pro hac vice in this case. SO ORDERED. 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 Rudolph Contreras on November 5, 2019. (lcrc3) Modified event title on 11/20/2019 (znmw). (Entered: 11/05/2019)
2019-11-207ENTERED IN ERROR.....AFFIDAVIT of Mailing by ENVIRONMENTAL DEFENSE FUND. (Hunt, Nathaniel); Modified on 11/21/2019 (ztth). (Entered: 11/20/2019)
2019-11-258RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11-13-19. (Hunt, Nathaniel) (Entered: 11/25/2019)
2019-11-259RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/13/2019. Answer due for ALL FEDERAL DEFENDANTS by 12/13/2019. (Hunt, Nathaniel) (Entered: 11/25/2019)
2019-11-2510RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE INTERIOR served on 11/8/2019 (Hunt, Nathaniel) (Entered: 11/25/2019)
2019-11-2511RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION served on 11/8/2019 (Hunt, Nathaniel) (Entered: 11/25/2019)
2019-11-2512RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION served on 11/9/2019 (Hunt, Nathaniel) (Entered: 11/25/2019)
2019-12-0213NOTICE of Appearance by Nicholas Clabbers on behalf of ENVIRONMENTAL DEFENSE FUND (Clabbers, Nicholas) (Entered: 12/02/2019)
2019-12-0214NOTICE of Appearance by Samantha R. Caravello on behalf of ENVIRONMENTAL DEFENSE FUND (Caravello, Samantha) (Entered: 12/02/2019)
2019-12-0315NOTICE of Appearance by Nathaniel Hemmerick Hunt on behalf of ENVIRONMENTAL DEFENSE FUND (Hunt, Nathaniel) (Entered: 12/03/2019)
2019-12-0416CERTIFICATE OF SERVICE by ENVIRONMENTAL DEFENSE FUND re 13 Notice of Appearance, 14 Notice of Appearance, 15 Notice of Appearance . (Clabbers, Nicholas) (Entered: 12/04/2019)
2019-12-1317NOTICE of Appearance by Christopher Charles Hair on behalf of NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR (Hair, Christopher) (Entered: 12/13/2019)
2019-12-1318ANSWER to Complaint by NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR.(Hair, Christopher) (Entered: 12/13/2019)
2019-12-16MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule by December 30, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on December 16, 2019. (lcrc3) Modified on 12/16/2019 (lcrc3, ). (Entered: 12/16/2019)
2019-12-17Set/Reset Deadlines: Proposed Briefing Schedule due by 12/30/2019 (tj) (Entered: 12/17/2019)
2019-12-3019Joint STATUS REPORT by NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR. (Hair, Christopher) (Entered: 12/30/2019)
2019-12-31MINUTE ORDER: Upon consideration of 19 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report by February 3, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 12/31/2019. (lcrc1) (Entered: 12/31/2019)
2019-12-31Set/Reset Deadlines: Joint Status Report due by 2/3/2020. (zgdf) (Entered: 01/02/2020)
2020-02-0320Joint STATUS REPORT by NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR. (Hair, Christopher) (Entered: 02/03/2020)
2020-02-03MINUTE ORDER: Upon consideration of 20 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report by March 4, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on February 3, 2020. (lcrc3) (Entered: 02/03/2020)
2020-02-05Set/Reset Deadlines: Status Report due by 3/4/2020 (tj) (Entered: 02/05/2020)
2020-03-0421Joint STATUS REPORT by ENVIRONMENTAL DEFENSE FUND. (Clabbers, Nicholas) (Entered: 03/04/2020)
2020-03-05MINUTE ORDER: Upon consideration of 21 the parties' joint status report, it is hereby ORDERED that the parties shall file a further status report by April 3, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on March 5, 2020. (lcrc3) (Entered: 03/05/2020)
2020-03-20Set/Reset Deadlines: Status Report due by 4/3/2020 (tj) (Entered: 03/20/2020)
2020-04-0322Joint STATUS REPORT by ENVIRONMENTAL DEFENSE FUND. (Clabbers, Nicholas) (Entered: 04/03/2020)
2020-04-03MINUTE ORDER: Upon consideration of 22 the parties' joint status report, it is hereby ORDERED that the parties shall file a further status report by May 4, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on April 3, 2020. (lcrc3) (Entered: 04/03/2020)
2020-04-06Set/Reset Deadlines: Status Report due by 5/4/2020 (tj) (Entered: 04/06/2020)
2020-05-0423Joint STATUS REPORT by NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR. (Hair, Christopher) (Entered: 05/04/2020)
2020-05-04MINUTE ORDER: Upon consideration of 23 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report by June 4, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 5/4/2020. (lcrc3) (Entered: 05/04/2020)
2020-05-05Set/Reset Deadlines: Status Report due by 6/4/2020 (tj) (Entered: 05/05/2020)
2020-06-0424Joint STATUS REPORT by NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR. (Hair, Christopher) (Entered: 06/04/2020)
2020-06-04MINUTE ORDER: Upon consideration of 24 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report by July 6, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 06/04/2020. (lcrc3) (Entered: 06/04/2020)
2020-06-05Set/Reset Deadlines: Status Report due by 7/6/2020. (tj) (Entered: 06/05/2020)
2020-07-0625Joint STATUS REPORT by NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR. (Hair, Christopher) (Entered: 07/06/2020)
2020-07-07MINUTE ORDER: Upon consideration of 25 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before August 6, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 07/07/2020. (lcrc3) (Entered: 07/07/2020)
2020-07-07Set/Reset Deadlines: Status Report due by 8/6/2020 (tj) (Entered: 07/07/2020)
2020-08-0626Joint STATUS REPORT by NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR. (Hair, Christopher) (Entered: 08/06/2020)
2020-08-06MINUTE ORDER: Upon consideration of 26 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before September 7, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 08/06/2020. (lcrc3) (Entered: 08/06/2020)
2020-08-06Set/Reset Deadlines: Status Report due by 9/7/2020. (tj) (Entered: 08/06/2020)
2020-09-0827Joint STATUS REPORT by ENVIRONMENTAL DEFENSE FUND. (Clabbers, Nicholas) (Entered: 09/08/2020)
2020-09-10MINUTE ORDER: Upon consideration of 27 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before October 8, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 09/10/2020. (lcrc3) (Entered: 09/10/2020)
2020-09-29Set/Reset Deadlines: Status Report due by 10/8/2020. (tj) (Entered: 09/29/2020)
2020-10-0828Joint STATUS REPORT by ENVIRONMENTAL DEFENSE FUND. (Hunt, Nathaniel) (Entered: 10/08/2020)
2020-10-08MINUTE ORDER: Upon consideration of 28 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before December 8, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 10/8/2020. (lcrc3) (Entered: 10/08/2020)
2020-12-0829Joint STATUS REPORT by NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR. (Hair, Christopher) (Entered: 12/08/2020)
2020-12-08MINUTE ORDER: Upon consideration of 29 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before January 8, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 12/8/2020. (lcrc3) (Entered: 12/08/2020)
2020-12-10Set/Reset Deadlines: Status Report due by 1/8/2021 (tj) (Entered: 12/10/2020)
2021-01-0830Joint STATUS REPORT by NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR. (Hair, Christopher) (Entered: 01/08/2021)
2021-01-11MINUTE ORDER: Upon consideration of 30 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before February 8, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 1/11/2021. (lcrc3) (Entered: 01/11/2021)
2021-01-11Set/Reset Deadlines: Status Report due by 2/8/2021 (tj) (Entered: 01/11/2021)
2021-02-0831Joint STATUS REPORT by NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR. (Hair, Christopher) (Entered: 02/08/2021)
2021-02-08MINUTE ORDER: Upon consideration of 31 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before March 10, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 2/8/2021. (lcrc3) (Entered: 02/08/2021)
2021-02-08Set/Reset Deadlines: . Status Report due by 3/10/2021. (tj) (Entered: 02/08/2021)
2021-03-1032Joint STATUS REPORT by ENVIRONMENTAL DEFENSE FUND. (Attachments: # 1 Text of Proposed Order)(Hunt, Nathaniel) (Entered: 03/10/2021)
2021-03-11MINUTE ORDER: Upon consideration of 32 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before April 9, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 3/11/2021. (lcrc3) (Entered: 03/11/2021)
2021-03-11Set/Reset Deadlines: Status Report due by 4/9/2021. (tj) (Entered: 03/11/2021)
2021-04-0933Joint STATUS REPORT by ENVIRONMENTAL DEFENSE FUND. (Hunt, Nathaniel) (Entered: 04/09/2021)
2021-04-09MINUTE ORDER: Upon consideration of 33 the parties' joint status report, is it hereby ORDERED that the parties shall submit another joint status report on or before May 10, 2021 if the matter has not been dismissed before that date. SO ORDERED. Signed by Judge Rudolph Contreras on 4/9/2021. (lcrc3) (Entered: 04/09/2021)
2021-05-1034Joint STATUS REPORT by NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR. (Hair, Christopher) (Entered: 05/10/2021)
2021-05-11MINUTE ORDER: Upon consideration of 34 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before June 9, 2021, if the matter has not been dismissed before that date. SO ORDERED. Signed by Judge Rudolph Contreras on 5/11/2021. (lcrc3) (Entered: 05/11/2021)
2021-05-11Set/Reset Deadlines: Status Report due by 6/9/2021. (tj) (Entered: 05/11/2021)
2021-05-1435STIPULATION of Dismissal (Joint) by NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR. (Hair, Christopher) (Entered: 05/14/2021)
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