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Case TitleThe Sierra Club et al v. United States Environmental Protection Agency
DistrictNorthern District of California
CitySan Francisco
Case Number3:2011cv00846
Date Filed2011-02-23
Date Closed2013-10-02
JudgeMagistrate Judge Maria-Elena James
PlaintiffThe Sierra Club
PlaintiffEnvironmental Integrity Project
DefendantUnited States Environmental Protection Agency
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [7]
Opinion/Order [20]
Opinion/Order [21]
Opinion/Order [23]
Opinion/Order [31]
Opinion/Order [40]
Opinion/Order [42]
Opinion/Order [50]
Opinion/Order [51]
Opinion/Order [53]
Opinion/Order [55]
Opinion/Order [57]
Opinion/Order [59]
Opinion/Order [62]
Opinion/Order [64]
Opinion/Order [66]
Opinion/Order [68]
Opinion/Order [70]
Opinion/Order [72]
Opinion/Order [93]
Opinion/Order [107]
Opinion/Order [113]
FOIA Project Annotation: A federal court in California has awarded the Sierra Club nearly $170,000 in attorney's fees for its FOIA suit against the EPA for records submitted by Luminant Generation Company under the Clean Air Act. In response to requests submitted by the Sierra Club and the Environmental Integrity Project, the agency identified more than 300,000 pages submitted by Luminant. Because the EPA was required to provide predisclosure notification to Luminant, the agency informed the requesters that it could not meet the 20-day time limit and ultimately denied the request pending completion and review of Luminant's confidentiality claims. The requesters appealed the decision and the agency denied their appeal pending completion of its review. At no time did the agency provide the requesters an estimated date of completion. The Sierra Club and EIP then filed suit and began to explore settlement through the court's mediation program. The parties agreed that EPA would provide all documents within six months for which Luminant had withdrawn any exemption claim at a rate of 1,600 pages a month. Using this arrangement, the EPA was able to disclose 44,000 pages, but the parties could not resolve their dispute pertaining to the remaining 300,000 pages. Pursuant to a new round of court-ordered settlement discussions, EPA agreed to process a new targeted request for information in its possession of the type requested in the original request. As a result, the agency disclosed another 61 documents and the parties agreed to dismiss the case. The Sierra Club then filed a motion for attorney's fees. The EPA first argued the Sierra Club did not have standing because they were not a party to the original request. Rejecting the claim, Magistrate Judge Maria-Elena James noted that "despite Sierra Club being unnamed in the initial FOIA request, the Court finds that the EPA fully acknowledged Sierra Club as an interested party to the request and has continually treated them as such." She added that "additionally, since the initiation of this suit, the EPA has continually recognized Sierra Club as a party to the initial FOIA request." Although the EPA argued strenuously that the Sierra Club was not the prevailing party because the agency did not agree to change its position, but instead was finally able to process the documents once Luminant withdrew its confidentiality claims. But James found the settlement agreement had constituted a change. She pointed out that "the June 27, 2011 scheduling order in this case changed the legal relationship between the parties because prior to its issuance the EPA 'was not under any judicial direction to produce documents by specific dates." The EPA argued the settlement agreement did not establish either party as the prevailing party. But James, finding that phrase had no effect on the parties, observed that "the parties cannot circumvent FOIA by contract." Even though Sierra Club had not shown that it disseminated the records, James found they had satisfied the public interest factor, noting that "given the purpose of Plaintiffs' organizations to oversee and enforcement compliance with the CAA, the Court finds that Plaintiff's provide a significant public benefit. . .[I]t is evident that the data they contain is being used to inform Plaintiffs ongoing oversight and enforcement efforts." Although she found the EPA had acted responsibly, she observed that "while the Court recognizes the EPA's challenge in reviewing the voluminous records, the statute cannot be construed to provide an indefinite period for substantiating a confidentiality claim. Additionally, the EPA acted unreasonably in failing to communicate and work with Plaintiffs to create an agreed upon completion date." James found the Sierra Club's calculation of fees was reasonable, although she trimmed off about $18,000 for several instances of overbilling. The agency complained that attorney Dave Bahr was requesting compensation at hourly rates above $500 when he had admitted he was charging the Sierra Club $150 an hour. But the Sierra Club provided affidavits from four attorneys experienced in FOIA litigation in the San Francisco area, all of whom attested the hourly rates requested were reasonable. She noted that the Supreme Court had previously rejected any suggestion that compensation for doing work for public interest organizations should differ from that done for private litigants, pointing out that "Congress did not intend the calculation of fee awards to vary depending on whether plaintiff was represented by private counsel pr by a nonprofit legal services organization."
Issues: Litigation - Attorney's fees - Entitlement - Public benefit, Litigation - Attorney's fees - Eligibility, Litigation - Attorney's fees - Prevailing party, Litigation - Attorney's fees - Entitlement - Reasonable Basis for Withholding, Litigation - Attorney's fees - Entitlement - Calculation of award
Opinion/Order [116]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-02-231COMPLAINT /issued summons against United States Environmental Protection Agency ( Filing fee $ 350, receipt number 34611056671.). Filed byThe Sierra Club, Environmental Integrity Project. (Attachments: # 1 Civil Cover Sheet)(ga, COURT STAFF) (Filed on 2/23/2011) (Entered: 02/24/2011)
2011-02-232Certificate of Interested Entities by Environmental Integrity Project, The Sierra Club re 1 Complaint, (ga, COURT STAFF) (Filed on 2/23/2011) (Entered: 02/24/2011)
2011-02-233MOTION for attorney David Bahr leave to appear in Pro Hac Vice ( Filing fee $ 275, receipt number 34611056672.) filed by Environmental Integrity Project, The Sierra Club. (Attachments: # 1 Proposed Order)(ga, COURT STAFF) (Filed on 2/23/2011) (Entered: 02/24/2011)
2011-02-234CERTIFICATE OF SERVICE by Environmental Integrity Project, The Sierra Club re 1 Complaint, 3 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 275, receipt number 34611056672.) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 275, receipt number 34611056672.), 2 Certificate of Interested Entities (ga, COURT STAFF) (Filed on 2/23/2011) (Entered: 02/24/2011)
2011-02-235ADR SCHEDULING ORDER: Case Management Statement due by 5/26/2011. Case Management Conference set for 6/2/2011 10:00 AM in Courtroom B, 15th Floor, San Francisco.. Signed by Judge Maria-Elena James on 2/23/11. (Attachments: # 1 Standing Order)(ga, COURT STAFF) (Filed on 2/23/2011) (Entered: 02/24/2011)
2011-02-23CASE DESIGNATED for Electronic Filing. (ga, COURT STAFF) (Filed on 2/23/2011) (Entered: 02/24/2011)
2011-02-256EXHIBITS re 1 Complaint, filed byEnvironmental Integrity Project, The Sierra Club. (Related document(s) 1 ) (Henry, Kristin) (Filed on 2/25/2011) (Entered: 02/25/2011)
2011-02-257ORDER DIRECTING PLAINTIFFS TO FILE CONSENT/DECLINATION. Signed by Judge Maria-Elena James on 2/25/2011. (cdnS, COURT STAFF) (Filed on 2/25/2011) (Entered: 02/25/2011)
2011-03-078CONSENT to Proceed Before a US Magistrate Judge by Environmental Integrity Project, The Sierra Club.. (Henry, Kristin) (Filed on 3/7/2011) (Entered: 03/07/2011)
2011-03-089ORDER by Judge Maria-Elena James granting 3 Motion for Pro Hac Vice (cdnS, COURT STAFF) (Filed on 3/8/2011) (Entered: 03/08/2011)
2011-03-1610SUMMONS Returned Executed (FOIA) by The Sierra Club, Environmental Integrity Project. United States Environmental Protection Agency served on 3/10/2011, answer due 4/11/2011. (Henry, Kristin) (Filed on 3/16/2011) (Entered: 03/16/2011)
2011-04-0811ANSWER to Complaint byUnited States Environmental Protection Agency. (Attachments: # 1 Exhibit Email exchange)(Simmons, Abraham) (Filed on 4/8/2011) (Entered: 04/08/2011)
2011-05-1112ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiffs (Bahr, David) (Filed on 5/11/2011) (Entered: 05/11/2011)
2011-05-1313NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) by all parties (Bahr, David) (Filed on 5/13/2011) (Entered: 05/13/2011)
2011-05-1614ADR Clerks Notice Setting ADR Phone Conference on 5/31/11 at 11:30 a.m. Pacific time. Please take note that at the appointed time, all parties shall call 712-775-7300 and use access code 847955 to join the call. (sgd, COURT STAFF) (Filed on 5/16/2011) (Entered: 05/16/2011)
2011-05-23ADR Remark: The ADR Phone Conference scheduled for 5/31/11 has been rescheduled to 6/1/11 at 9:30 a.m. Pacific time. Please note new call-in information, all parties shall call 213-289-5065 and use access code 5417610 to join the call. (sgd, COURT STAFF) (Filed on 5/23/2011) (Entered: 05/23/2011)
2011-05-2515JOINT CASE MANAGEMENT STATEMENT filed by Environmental Integrity Project, The Sierra Club, United States Environmental Protection Agency. (Bahr, David) (Filed on 5/25/2011) (Entered: 05/25/2011)
2011-05-2616CASE MANAGEMENT SCHEDULING ORDER: Motion Hearing set for 10/13/2011 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James.. Signed by Judge Maria-Elena James on 5/26/2011. (cdnS, COURT STAFF) (Filed on 5/26/2011) (Entered: 05/26/2011)
2011-06-01ADR Remark: The ADR Phone Conference has been rescheduled to 6/6/11 at 10:00 a.m. Pacific time. Please note that all parties shall call 213-289-5065 use access code 5417610 to join the call. (sgd, COURT STAFF) (Filed on 6/1/2011) (Entered: 06/01/2011)
2011-06-0617ORDER REFERRING CASE to Mediation.. Signed by Judge Maria-Elena James on 6/6/2011. (cdnS, COURT STAFF) (Filed on 6/6/2011) (Entered: 06/06/2011)
2011-06-06ADR Remark: ADR Phone Conference held by Daniel Bowling, ADR Program Staff Attorney, on 6/6/2011. (af, COURT STAFF) (Filed on 6/6/2011) (Entered: 06/06/2011)
2011-06-0618ADR Clerks Notice Appointing Daniel Bowling as Mediator. (af, COURT STAFF) (Filed on 6/6/2011) (Entered: 06/06/2011)
2011-06-06ADR Remark: Mediator proposes conducting the pre mediation telephone conference call on Monday, June 20, 2011 at 10:00 a.m. Counsel to confirm their availability for the call directly with the mediator. (af, COURT STAFF) (Filed on 6/6/2011) (Entered: 06/06/2011)
2011-06-2419STIPULATION re 16 Case Management Scheduling Order, 15 Joint Case Management Statement and Proposed Order by Environmental Integrity Project, The Sierra Club, United States Environmental Protection Agency. (Bahr, David) (Filed on 6/24/2011) (Entered: 06/24/2011)
2011-06-2720ORDER VACATING PENDING DEADLINES re 19 Stipulation, filed by The Sierra Club, Environmental Integrity Project, United States Environmental Protection Agency. Signed by Judge Maria-Elena James on 6/27/2011. (cdnS, COURT STAFF) (Filed on 6/27/2011) (Entered: 06/27/2011)
2011-11-0321ORDER Status Report due by 11/17/2011.. Signed by Judge Maria-Elena James on 11/3/2011. (cdnS, COURT STAFF) (Filed on 11/3/2011) (Entered: 11/03/2011)
2011-11-1722STATUS REPORT by Environmental Integrity Project, The Sierra Club, United States Environmental Protection Agency. (Bahr, David) (Filed on 11/17/2011) (Entered: 11/17/2011)
2011-11-2123ORDER Motions due by 1/13/2012. Responses due by 2/10/2012. Cross Motions due by 2/10/2012. Replies due by 3/9/2012. Motion Hearing set for 5/10/2012 10:00 AM in Courtroom B, 15th Floor, San Francisco. Signed by Judge Maria-Elena James on 11/21/2011. (cdnS, COURT STAFF) (Filed on 11/21/2011) (Entered: 11/21/2011)
2012-01-2524MOTION for Extension of Time to File Summary Judgment Motion filed by United States Environmental Protection Agency. (Simmons, Abraham) (Filed on 1/25/2012) (Entered: 01/25/2012)
2012-01-2525ORDER by Judge Chief Magistrate Judge Maria-Elena James granting 24 Motion for Extension of Time to File. (bjtS, COURT STAFF) (Filed on 1/25/2012) (Entered: 01/25/2012)
2012-01-26Defendant's Motion for Summary Judgment due by 2/3/2012. Plaintiff's Opposition and Cross Motion due by 3/9/2012. Defendant's Reply and Plaintiff's Opposition due by 3/30/12. Plaintiff's Reply due 4/27/12. Both Motions will be heard on 5/10/2012 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. (bjtS, COURT STAFF) (Filed on 1/26/2012) (Entered: 01/26/2012)
2012-01-26ADR Remark: Mediation administratively terminated 23 . (af, COURT STAFF) (Filed on 1/26/2012) (Entered: 01/26/2012)
2012-02-1326MOTION for Summary Judgment and for Judgment on the Pleadings filed by United States Environmental Protection Agency. Motion Hearing set for 5/10/2012 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. Responses due by 3/19/2012. Replies due by 3/30/2012. (Simmons, Abraham) (Filed on 2/13/2012) (Entered: 02/13/2012)
2012-02-1327Declaration of Leticia Lane in Support of 26 MOTION for Summary Judgment and for Judgment on the Pleadings filed byUnited States Environmental Protection Agency. (Related document(s) 26 ) (Simmons, Abraham) (Filed on 2/13/2012) (Entered: 02/13/2012)
2012-02-1328Declaration of Janet Adams in Support of 26 MOTION for Summary Judgment and for Judgment on the Pleadings filed byUnited States Environmental Protection Agency. (Related document(s) 26 ) (Simmons, Abraham) (Filed on 2/13/2012) (Entered: 02/13/2012)
2012-02-1329Declaration of counsel in Support of 26 MOTION for Summary Judgment and for Judgment on the Pleadings filed byUnited States Environmental Protection Agency. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Related document(s) 26 ) (Simmons, Abraham) (Filed on 2/13/2012) (Entered: 02/13/2012)
2012-02-1530Second MOTION for Extension of Time to File Motion for Summary Judgment filed by United States Environmental Protection Agency. (Simmons, Abraham) (Filed on 2/15/2012) (Entered: 02/15/2012)
2012-02-1631ORDER AUGMENTING BRIEFING SCHEDULE. Signed by Judge Maria-Elena James on 2/16/2012. (cdnS, COURT STAFF) (Filed on 2/16/2012) (Entered: 02/16/2012)
2012-03-1932Cross MOTION for Summary Judgment and in opposition to motion for judgment on the pleadings filed by Environmental Integrity Project, The Sierra Club. Motion Hearing set for 5/10/2012 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. Responses due by 3/30/2012. Replies due by 4/27/2012. (Bahr, David) (Filed on 3/19/2012) (Entered: 03/19/2012)
2012-03-1933Declaration of David Bahr in Support of 26 MOTION for Summary Judgment and for Judgment on the Pleadings , 32 Cross MOTION for Summary Judgment and in opposition to motion for judgment on the pleadings filed byEnvironmental Integrity Project, The Sierra Club. (Attachments: # 1 Exhibit Attachment E)(Related document(s) 26 , 32 ) (Bahr, David) (Filed on 3/19/2012) (Entered: 03/19/2012)
2012-03-1934Declaration of Elana Saxonhouse in Support of 26 MOTION for Summary Judgment and for Judgment on the Pleadings , 32 Cross MOTION for Summary Judgment and in opposition to motion for judgment on the pleadings filed byEnvironmental Integrity Project, The Sierra Club. (Related document(s) 26 , 32 ) (Bahr, David) (Filed on 3/19/2012) (Entered: 03/19/2012)
2012-03-1935Declaration of Ilan Levin in Support of 26 MOTION for Summary Judgment and for Judgment on the Pleadings , 32 Cross MOTION for Summary Judgment and in opposition to motion for judgment on the pleadings filed byEnvironmental Integrity Project, The Sierra Club. (Attachments: # 1 Exhibit Attachment A, Pt. 1, # 2 Exhibit Attachment A, Pt. 1.2, # 3 Exhibit Attachment A, Pt. 2, # 4 Exhibit Attachment A, Pt. 2.2, # 5 Exhibit Attachment B, # 6 Exhibit Attachment C, # 7 Exhibit Attachment D)(Related document(s) 26 , 32 ) (Bahr, David) (Filed on 3/19/2012) (Entered: 03/19/2012)
2012-03-2036Proposed Order re 32 Cross MOTION for Summary Judgment and in opposition to motion for judgment on the pleadings by Environmental Integrity Project, The Sierra Club. (Bahr, David) (Filed on 3/20/2012) (Entered: 03/20/2012)
2012-04-0137REPLY (re 26 MOTION for Summary Judgment and for Judgment on the Pleadings ) and Opposition to Plaintiffs' Motion filed byUnited States Environmental Protection Agency. (Simmons, Abraham) (Filed on 4/1/2012) (Entered: 04/01/2012)
2012-04-2538CLERKS NOTICE CONTINUING MOTION HEARINGS. (rmm2, COURT STAFF) (Filed on 4/25/2012) (Entered: 04/25/2012)
2012-04-2739First MOTION for Extension of Time to File Response/Reply as to 32 Cross MOTION for Summary Judgment and in opposition to motion for judgment on the pleadings that is unopposed; declaration of counsel; proposed order filed by Environmental Integrity Project, The Sierra Club. (Bahr, David) (Filed on 4/27/2012) (Entered: 04/27/2012)
2012-04-2740ORDER by Judge Magistrate Judge Maria-Elena James granting 39 Motion for Extension of Time to File Response/Reply re 39 First MOTION for Extension of Time to File Response/Reply as to 32 Cross MOTION for Summary Judgment and in opposition to motion for judgment on the pleadings that is unopposed; declaration of counsel; proposed order Reply due by 5/1/2012. (rmm2, COURT STAFF) (Filed on 4/27/2012) (Entered: 04/27/2012)
2012-05-0141Joint MOTION for Extension of Time to File Response/Reply as to 32 Cross MOTION for Summary Judgment and in opposition to motion for judgment on the pleadings that; declaration of counsel; proposed order filed by Environmental Integrity Project, The Sierra Club, United States Environmental Protection Agency. (Bahr, David) (Filed on 5/1/2012) (Entered: 05/01/2012)
2012-05-0142ORDER by Magistrate Judge Marie-Elena James granting 41 Motion for Extension of Time to File Response/Reply re 41 Joint MOTION for Extension of Time to File Response/Reply as to 32 Cross MOTION for Summary Judgment and in opposition to motion for judgment on the pleadings that; declaration of counsel; proposed order Replies due by 5/4/2012. (rmm2, COURT STAFF) (Filed on 5/1/2012) (Entered: 05/01/2012)
2012-05-0443REPLY (re 26 MOTION for Summary Judgment and for Judgment on the Pleadings ) filed byEnvironmental Integrity Project, The Sierra Club. (Bahr, David) (Filed on 5/4/2012) (Entered: 05/04/2012)
2012-05-0444Declaration of David Bahr in Support of 43 Reply to Opposition/Response, 32 Cross MOTION for Summary Judgment and in opposition to motion for judgment on the pleadings filed byEnvironmental Integrity Project, The Sierra Club. (Attachments: # 1 Exhibit F, # 2 G)(Related document(s) 43 , 32 ) (Bahr, David) (Filed on 5/4/2012) (Entered: 05/04/2012)
2012-05-0445Third Party MOTION for Leave to File Supplemental Declaration of Benjamin Harrison filed by United States Environmental Protection Agency. (Attachments: # 1 Declaration Declaration of Benjamin Harrison)(Simmons, Abraham) (Filed on 5/4/2012) (Entered: 05/04/2012)
2012-05-0746NOTICE of Appearance by Elena Kathryn Saxonhouse (Saxonhouse, Elena) (Filed on 5/7/2012) (Entered: 05/07/2012)
2012-05-0747NOTICE of Change In Counsel by Elena Kathryn Saxonhouse (Saxonhouse, Elena) (Filed on 5/7/2012) (Entered: 05/07/2012)
2012-05-0948ORDER GRANTING DEFENDANTS REQUEST FOR LEAVE TO FILE A SUPPLEMENTAL DECLARATION re 45 Motion for Leave to File (cdnS, COURT STAFF) (Filed on 5/9/2012) (Entered: 05/09/2012)
2012-05-1049RESPONSE (re 26 MOTION for Summary Judgment and for Judgment on the Pleadings , 32 Cross MOTION for Summary Judgment and in opposition to motion for judgment on the pleadings ) and Re. DEFENDANTS REQUEST FOR LEAVE TO FILE A SUPPLEMENTAL DECLARATION filed byEnvironmental Integrity Project, The Sierra Club. (Attachments: # 1 Exhibit H, # 2 Exhibit I, # 3 Exhibit J)(Bahr, David) (Filed on 5/10/2012) (Entered: 05/10/2012)
2012-05-1550ORDER FOR PARTIES TO APPEAR FOR MEET AND CONFER re 26 MOTION for Summary Judgment and for Judgment on the Pleadings filed by United States Environmental Protection Agency, 32 Cross MOTION for Summary Judgment and in opposition to motion for judgment on the pleadings filed by The Sierra Club, Environmental Integrity Project. Signed by Judge Maria-Elena James on 5/15/2012. (cdnS, COURT STAFF) (Filed on 5/15/2012) (Entered: 05/15/2012)
2012-09-0751ORDER - Status Report due by 9/20/2012.. Signed by Judge Maria-Elena James on 9/7/2012. (cdnS, COURT STAFF) (Filed on 9/7/2012) (Entered: 09/07/2012)
2012-09-2052STATUS REPORT JOINT CASE MANAGEMENT REPORT by Environmental Integrity Project, The Sierra Club, United States Environmental Protection Agency. (Bahr, David) (Filed on 9/20/2012) (Entered: 09/20/2012)
2012-09-2153ORDER re 52 Status Report filed by The Sierra Club, Environmental Integrity Project, United States Environmental Protection Agency Updated Status Report due by 11/21/2012. Signed by Judge Maria-Elena James on 9/21/2012. (cdnS, COURT STAFF) (Filed on 9/21/2012) (Entered: 09/21/2012)
2012-11-2154JOINT CASE MANAGEMENT STATEMENT Supplemental Joint Case Management Report filed by United States Environmental Protection Agency. (Simmons, Abraham) (Filed on 11/21/2012) (Entered: 11/21/2012)
2012-11-2155ORDER GRANTING REQUEST re 54 Joint Case Management Statement filed by United States Environmental Protection Agency. Signed by Chief Magistrate Judge Maria-Elena James on 11/21/2012. (rmm2S, COURT STAFF) (Filed on 11/21/2012) (Entered: 11/21/2012)
2012-12-1956STATUS REPORT SECOND SUPPLEMENTAL JOINT CASE MANAGEMENT REPORT by Environmental Integrity Project, The Sierra Club, United States Environmental Protection Agency. (Bahr, David) (Filed on 12/19/2012) (Entered: 12/19/2012)
2012-12-1957ORDER - Status Report due by 2/21/2013.. Signed by Judge Maria-Elena James on 12/19/2012. (cdnS, COURT STAFF) (Filed on 12/19/2012) (Entered: 12/19/2012)
2013-02-2758STATUS REPORT THIRD SUPPLEMENTAL JOINT CASE MANAGEMENT REPORT by Environmental Integrity Project, The Sierra Club, United States Environmental Protection Agency. (Bahr, David) (Filed on 2/27/2013) (Entered: 02/27/2013)
2013-03-0559ORDER - Status Report due by 6/11/2013.. Signed by Judge Maria-Elena James on 3/5/2013. (cdnS, COURT STAFF) (Filed on 3/5/2013) (Entered: 03/05/2013)
2013-03-1260ORDER by Judge Maria-Elena James terminating for statistical purposes only: 32 Motion for Summary Judgment; 26 Motion for Summary Judgment (cdnS, COURT STAFF) (Filed on 3/12/2013) (Entered: 03/12/2013)
2013-05-3161STATUS REPORT FOURTH SUPPLEMENTAL JOINT CASE MANAGEMENT REPORT by Environmental Integrity Project, The Sierra Club, United States Environmental Protection Agency. (Bahr, David) (Filed on 5/31/2013) (Entered: 05/31/2013)
2013-06-0362ORDER GRANTING REQUEST FOR 45 DAY EXTENSION re 61 Status Report filed by The Sierra Club, Environmental Integrity Project, United States Environmental Protection Agency. Signed by Magistrate Judge Maria-Elena James on 5/31/2013. (rmm2S, COURT STAFF) (Filed on 6/3/2013) (Entered: 06/03/2013)
2013-07-1563STATUS REPORT FIFTH SUPPLEMENTAL JOINT CASE MANAGEMENT REPORT by Environmental Integrity Project, The Sierra Club, United States Environmental Protection Agency. (Bahr, David) (Filed on 7/15/2013) (Entered: 07/15/2013)
2013-07-1664ORDER GRANTING REQUEST FOR ADDITIONAL TIME re 63 Status Report filed by The Sierra Club, Environmental Integrity Project, United States Environmental Protection Agency. Signed by Magistrate Judge Maria-Elena James on 7/16/2013. (rmm2S, COURT STAFF) (Filed on 7/16/2013) (Entered: 07/16/2013)
2013-08-0765JOINT CASE MANAGEMENT STATEMENT filed by United States Environmental Protection Agency. (Simmons, Abraham) (Filed on 8/7/2013) (Entered: 08/07/2013)
2013-08-0866ORDER re 65 Joint Case Management Statement filed by United States Environmental Protection Agency. Signed by Magistrate Judge Maria-Elena James on 8/8/2013. (rmm2S, COURT STAFF) (Filed on 8/8/2013) (Entered: 08/08/2013)
2013-09-1967STATUS REPORT SEVENTH SUPPLEMENTAL JOINT CASE MANAGEMENT REPORT, NOTICE OF SETTLEMENT IN PRINCIPLE AND [PROPOSED] ORDER by Environmental Integrity Project, The Sierra Club, United States Environmental Protection Agency. (Bahr, David) (Filed on 9/19/2013) (Entered: 09/19/2013)
2013-09-2468ORDER RE SEVENTH CASE MANAGEMENT STATEMENT: SETTLEMENT AGREEMENT TO BE FILED BY 10/8/2013. Signed by Judge Maria-Elena James on 9/24/2013. (mejlc2, COURT STAFF) (Filed on 9/24/2013) Modified on 9/24/2013 (mejlc2, COURT STAFF). (Entered: 09/24/2013)
2013-10-0169NOTICE by Environmental Integrity Project, The Sierra Club, United States Environmental Protection Agency re 68 Stipulation and Order of Settlement Agreement; Settlement Agreement and Release (Bahr, David) (Filed on 10/1/2013) (Entered: 10/01/2013)
2013-10-0270ORDER APPROVING SETTLEMENT AGREEMENT AND RELEASE 69 . Signed by Judge Maria-Elena James on 10/2/2013. (mejlc2, COURT STAFF) (Filed on 10/2/2013) (Entered: 10/02/2013)
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