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Case TitleSouthern Environmental Law Center v. United States Department of Agriculture et al
DistrictWestern District of Virginia
CityCharlottesville
Case Number3:2018cv00106
Date Filed2018-11-01
Date Closed2020-02-11
JudgeSenior Judge Glen E. Conrad
PlaintiffSouthern Environmental Law Center
Case DescriptionThe Southern Environmental Law Center submitted a FOIA request to the Washington Office of the U.S. Forest Service for records concerning the Atlantic Coast Pipeline. SELC submitted identical requests to Region 8 and Region 9. Records disclosed by those regions indicated that responsive records existed at the Washington Office. However, the Washington Office consolidated the requests and did not respond independently. After SELC informed the Washington Office that its FOIA request had been closed, the Washington Office reopened the request. SELC sent a second FOIA request to the Washington Office for records concerning the Mountain Valley Pipeline. The agency told SELC that it was conducting a mandatory review of the records. In a third FOIA request, SELC asked for records concerning changes to the agency's NEPA regulations. The agency acknowledged receipt of the request. SELC submitted a fourth request for records concerning changes in the agency's FOIA policies. SELC was told that request required a mandatory review as well. After hearing nothing further from the agency, pertaining to any of its requests, SELC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Agriculture
DefendantUnited States Forest Service
DefendantOffice of the General Counsel of the United States Department of Agriculture
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

2018-11-011COMPLAINT for Declaratory and Injunctive Relief against Office of the General Counsel, United States Department of Agriculture (Filing & Administrative fee $ 400 paid by e-receipt no. 0423-3008890.), filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(hnw) (Entered: 11/02/2018)
2018-11-022Negative Corporate Disclosure Statement by Southern Environmental Law Center (hnw)
2018-11-023Electronic Summons Issued as to United States Department of Agriculture NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (hnw)
2018-11-024Electronic Summons Issued as to United States Forest Service NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (hnw)
2018-11-025Electronic Summons Issued as to Office of the General Counsel NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (hnw)
2018-11-026MOTION for Sam Evans to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3009669. by Southern Environmental Law Center. (Attachments: # 1 Text of Proposed Order Proposed Order on Motion for Admission pro hac vice)(Butler, Morgan)
2018-11-027MOTION for Kimberley Hunter to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3009803. by Southern Environmental Law Center. (Attachments: # 1 Text of Proposed Order Proposed Order on Motion for Admission pro hac vice)(Butler, Morgan)
2018-11-028ORDER granting 6 MOTION for Sam Evans to Appear Pro Hac Vice Attorney Samuel Edward Evans for Southern Environmental Law Center added. Signed by Senior Judge Glen E. Conrad on 11/2/2018. (hnw)
2018-11-029ORDER granting 7 MOTION for Kimberley Hunter to Appear Pro Hac Vice Attorney Kimberley Claire Hunter for Southern Environmental Law Center added. Signed by Senior Judge Glen E. Conrad on 11/1/18. (hnw)
2018-11-2910AMENDED COMPLAINT against All Defendants, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1, 7/20/2017, # 2 Exhibit 2, 6/22/2018, # 3 Exhibit 3, 1/3/2018, # 4 Exhibit 4, 7/5/2018, # 5 Exhibit 5, 10/26/18)(Hunter, Kimberley)
2018-12-2611MOTION to Stay Proceedings in Light of United States Government Cessation by Office of the General Counsel, United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Text of Proposed Order)(Winn, Sara)
2019-01-1512ORDER granting 11 Motion to Stay deadline for responding to the complaint.. Signed by Senior Judge Glen E. Conrad on 1/15/19. (hnw)
2019-02-1513MOTION to Amend/Correct Amended Complaint by Southern Environmental Law Center. (Attachments: # 1 Exhibit A, Second Amended Complaint, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Text of Proposed Order)(Hunter, Kimberley)AMENDED COMPLAINT DEEMED FILED THIS DATE pursuant to Order 16 Entered 2/21/19 Modified on 3/1/2019 (hnw).
2019-02-2014MOTION to Lift the Stay of Proceedings by Office of the General Counsel, United States Department of Agriculture, United States Forest Service. (Attachments: # 1 Text of Proposed Order)(Winn, Sara)
2019-02-2115ORDER granting 14 Motion to Lift Stay of Proceedings. Signed by Senior Judge Glen E. Conrad on 2/21/19. (hnw)
2019-02-2116ORDER granting 13 Motion to Amend Complaint and Reset Deadlines. Signed by Senior Judge Glen E. Conrad on 2/21/19. (hnw)
2019-03-1817ANSWER to 10 Amended Complaint, by Office of the General Counsel, United States Department of Agriculture, United States Forest Service.(Winn, Sara)
2019-03-1918Magistrate Consent Notice to Parties. (hnw) Modified on 3/22/2019 (hnw). Consent not attached to original entry
2019-04-1019AMENDED ANSWER to Plaintiff's Second Amended Complaint by Office of the General Counsel, United States Department of Agriculture, United States Forest Service. (Winn, Sara)
2019-06-1320Cross Motions Briefing Order, subject to change upon request of parties. Signed by Senior Judge Glen E. Conrad on 6/13/2019. (ssm) (Main Document 20 replaced with order bearing correct case number & regenerated to all parties on 6/14/2019) (ssm).
2019-10-0321Joint MOTION to Reset Deadlines by Southern Environmental Law Center. (Attachments: # 1 Text of Proposed Order)(Hunter, Kimberley)
2019-10-0322ORDER granting 21 Joint Motion to Reset Deadlines. Signed by Senior Judge Glen E. Conrad on 10/3/19. (hnw)
2019-11-1223Joint MOTION to Reset Deadlines by Southern Environmental Law Center. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Reset Deadlines)(Hunter, Kimberley)
2019-12-0224ORDER granting 23 Joint Motion to reset deadlines. Signed by Senior Judge Glen E. Conrad on 12/2/19. (hnw)
2020-01-1625STATUS REPORT Joint by Southern Environmental Law Center (Hunter, Kimberley)
2020-02-0526STIPULATION of Dismissal and Settlement by Office of the General Counsel, United States Department of Agriculture, United States Forest Service (Winn, Sara)
2020-02-1127ORDER DISMISSING CASE WITH Prejudice. Signed by Senior Judge Glen E. Conrad on 2/10/2020. (ssm)
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by FOIA Project Staff
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