Case Detail

FOIA Project Annotation: A federal court in Virginia has ruled that FOIA does not provide a remedy for halting the notice and comment period for rules promulgated under the Administrative Procedure Act merely because an agency failed to respond to a FOIA request within the statutory time limit. The case involved a 2018 FOIA request from the Southern Environmental Law Center to the Council for Council on Environmental Quality for records pertaining to the Council's intention to revise the National Environment Policy Act. In January 2020 the Council published a Federal Register notice announcing a proposed rulemaking to revise the NEPA. The Council indicated on its website that comments were due by March 10, 2020. SELC had already filed suit in connection with its 2018 FOIA request and after the Council's Federal Register notice was published, SELC filed two new motions to try to extend the time period. SELC argued that an early Supreme Court FOIA decision, Renegotiation Board v. Bannercraft Clothing Co., 415 U.S. 1 (1974), recognized the possibility of equitable injunctive relief as a remedy under FOIA. But Judge Glen Conrad indicated that "FOIA and Bannercraft Clothing do not permit the court to enjoin an agency from closing a notice and comment period for a non-final proposed rulemaking, even if that agency has likely violated FOIA by failing to produce documents that are responsive to a timely FOIA request and that are directly relevant to the proposed rulemaking at issue." Conrad explained that Bannercraft Clothing and Chrysler v. Brown, 441 U.S. 281 (1979), which recognized a cause of action to block agency disclosure of allegedly confidential business information under the APA, but not FOIA, indicated that the Supreme Court understood that Congress did not intend for FOIA to supplant the non-access provisions of the APA. Rejecting SELC's attempt to suspend the notice and comment period on the basis of FOIA, Conrad observed that "the Administrative Procedure Act �" and a robust body of case law �" allows for enforcement mechanisms if agencies fail to comply with preliminary matters in rulemaking procedures. This court concludes that FOIA does not."
Issues: Litigation - Jurisdiction - Failure to State a Claim

FOIA Project Annotation: A federal court in Virginia has ruled that the Council on Environmental Quality has failed to show the foreseeable harm in disclosing more than 5,000 pages withheld under Exemption 5 (privileges) in response to a FOIA request from the Southern Environmental Law Center for records concerning the agency's advance notice of proposed rulemaking for updating regulations for procedural provisions of the National Environmental Policy Act. CEQ produced 8,528 pages, 5,014 pages of which were fully redacted under the deliberative process privilege. Judge Glen Conrad ordered the agency to provide the records for in camera review. After reviewing the records in camera, Conrad found that they had failed to meet the heightened standard required in the 2016 FOIA Improvement Act. He noted that "CEQ has not adequately demonstrated it will suffer a reasonably foreseeable harm from the documents' unredacted production. To justify its redactions, CEQ cites a 'foreseeable harm of chilling speech and stifling frank and open discussions' and a general 'risk of public confusion.' However, the court's in camera review of the documents showed scant risk of either potential harm arising. Simply put, having studied each unredacted document, the court cannot conclude that 'disclosure would harm an interest protected by an exemption.'" As a result, Conrad ordered the agency "to produce fully-unredacted versions to SELC excluding personal contact information redacted pursuant to FOIA Exemption 6."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2018-11-30	1	COMPLAINT against Council on Environmental Quality (Filing & Administrative fee $ 400; Receipt 0423-3026394.), filed by Southern Environmental Law Center. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - July 19, 2018 FOIA Request, # 3 Exhibit 2 - Sept. 5, 2018 Updated FOIA Request)(jcj)
2018-11-30	2	Negative Corporate Disclosure Statement by Southern Environmental Law Center (jcj)
2018-11-30	3	Electronic Summons Issued as to Council on Environmental Quality, U.S. Attorney and U.S. Attorney General. 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. (Attachments: # 1 CEQ summons, # 2 AG summons)(jcj)
2018-12-03	4	MOTION for Kimberley Hunter to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3027010. by Southern Environmental Law Center. (Attachments: # 1 Text of Proposed Order on Motion for Admission pro hac vice)(Butler, Morgan)
2018-12-04	5	ORDER granting 4 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 12/3/18. (hnw)
2018-12-26	6	MOTION to Stay by Council on Environmental Quality. (Attachments: # 1 Text of Proposed Order)(Lugar, Justin)
2019-01-10	7	ORDER granting 6 Motion to Stay deadlines to respond to the complaint. Signed by Senior Judge Glen E. Conrad on 1/10/2019. (hnw)
2019-01-29	8	NOTICE by Council on Environmental Quality (Lugar, Justin)
2019-02-01	9	ANSWER to Complaint 1 by Council on Environmental Quality.(Lugar, Justin)
2019-02-04	10	Magistrate Consent Notice to Parties. (jcj)
2019-02-15	11	MOTION for Judgment on the Pleadings by Southern Environmental Law Center. (Hunter, Kimberley)
2019-02-15	12	Brief / Memorandum in Support re 11 MOTION for Judgment on the Pleadings . filed by Southern Environmental Law Center. (Hunter, Kimberley)
2019-03-01	13	Response re 11 MOTION for Judgment on the Pleadings . filed by Council on Environmental Quality. (Attachments: # 1 Exhibit A)(Lugar, Justin)
2019-03-08	14	REPLY to Response to Motion re 11 MOTION for Judgment on the Pleadings . filed by Southern Environmental Law Center. (Butler, Morgan)
2019-04-19	15	Rule 26(f) Agreed Written Plan by Plaintiff Southern Environmental Law Center (Hunter, Kimberley)
2019-06-13	16	CROSS MOTIONS SCHEDULING ORDER written in conjunction w/ Rule 26 plan submitted by parties and subject to change upon request of parties. Signed by Senior Judge Glen E. Conrad on 06/13/2019. (ssm) VACATED by Order entered at 17 on 6/19/2019. (ssm)
2019-06-19	17	Order to Vacate 16 Scheduling Order. Signed by Senior Judge Glen E. Conrad on 06/19/2019. (ssm)
2019-09-16	18	MEMORANDUM OPINION. Signed by Senior Judge Glen E. Conrad on 9/16/19. (jcj)
2019-09-16	19	ORDER denying 11 Motion for Judgment on the Pleadings; and within fourteen (14) days, the parties shall file a joint report summarizing the current status of the plaintiff's FOIA request and the parties' respective positions on an appropriate schedule for filing and briefing cross-motions for summary judgment. Signed by Senior Judge Glen E. Conrad on 9/16/19. (jcj)
2019-09-27	20	STATUS REPORT (JOINT) by Council on Environmental Quality (Lugar, Justin)
2019-11-20	21	Cross Motions Briefing Order. Signed by Senior Judge Glen E. Conrad on 11/20/2019. (ssm)
2019-12-13	22	MOTION for Summary Judgment by Southern Environmental Law Center. (Hunter, Kimberley)
2019-12-13	23	Brief / Memorandum in Support re 22 MOTION for Summary Judgment . filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1, 5-15-19 Letter to Hunter, # 2 Exhibit 2, 9-19-19 Letter to Hunter, # 3 Exhibit 3, E&E News Article, # 4 Exhibit 4, NEPA Coalition Letter, # 5 Exhibit 5, Agreed Briefing Order)(Hunter, Kimberley)
2020-01-13	24	RESPONSE in Opposition re 22 MOTION for Summary Judgment and Cross-Motion for Summary Judgment . filed by Council on Environmental Quality. (Attachments: # 1 Declaration in Support by Howard C. Sun)(Lugar, Justin)
2020-01-28	25	REPLY to Response to Motion re 22 MOTION for Summary Judgment . filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1, CEQ FY18 Annual FOIA Report, # 2 Exhibit 2, CEQ FY19 FOIA Log, # 3 Exhibit 3, EPA FY18 Annual FOIA Report, # 4 Exhibit 4, USDOJ FY18 Annual FOIA Report)(Hunter, Kimberley)
2020-02-12	26	REPLY to Response to Motion re 22 MOTION for Summary Judgment . filed by Council on Environmental Quality. (Lugar, Justin)
2020-02-13	27	MOTION for Preliminary Injunction by Southern Environmental Law Center. (Hunter, Kimberley)
2020-02-13	28	Brief / Memorandum in Support re 27 MOTION for Preliminary Injunction . filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1, Letter to Neumayr, # 2 Exhibit 2, Comments, # 3 Exhibit 3, Dec Letter, # 4 Exhibit 4, Jan Letter, # 5 Exhibit 5, News Article, # 6 Exhibit 6, 2018-7-17 Emails, # 7 Exhibit 7, Jan 28 tweet, # 8 Exhibit 8, Feb Tweet, # 9 Exhibit 9, News Article, # 10 Exhibit 10, News Article, # 11 Exhibit 11, 2020-1-16 Request, # 12 Exhibit 12, 2020-1-29 Request, # 13 Exhibit 13, Emails, # 14 Exhibit 14, Emails re EO12866, # 15 Exhibit 15, Emails re CEQs ANPRM, # 16 Exhibit 16, Inside EPA article, # 17 Exhibit 17, Kym Declaration, # 18 Exhibit 18, Protect NEPA, # 19 Exhibit 19, SELC Newsfeed, # 20 Exhibit 20, Kym Hearing Ticket, # 21 Exhibit 21, Resolution, # 22 Exhibit 22, NEPA Success Stories)(Hunter, Kimberley)
2020-02-18	29	NOTICE of Hearing on Motion 27 MOTION for Preliminary Injunction : (CR) Motion Hearing set for 3/9/2020 01:00 PM in Roanoke before Senior Judge Glen E. Conrad. (ssm)
2020-02-27	30	MOTION for Extension of Time to File Response/Reply by Council on Environmental Quality. (Attachments: # 1 Text of Proposed Order)(Rottenborn, Laura)
2020-02-27	31	ORDER granting in part 30 Motion for Extension of Time to File Response - Responses due by 2/28/2020, and replies thereto due by 3/6/2020. Signed by Senior Judge Glen E. Conrad on 02/27/2020. (ssm)
2020-02-28	32	RESPONSE in Opposition re 27 MOTION for Preliminary Injunction . filed by Council on Environmental Quality. (Attachments: # 1 Declaration in Support Declaration of Michael Drummond, # 2 Declaration in Support Declaration of Howard Sun)(Lugar, Justin) Modified on 3/2/2020 to reflect correct filing date as of 2/28/2020 due to CM-ECF maintenance & re-generated to all (ssm). (Entered: 03/02/2020)
2020-03-06	33	REPLY to Response to Motion re 27 MOTION for Preliminary Injunction . filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1, 2019-6-20 FOIA request re NEPA Rulemaking, # 2 Exhibit 2, 2017-12-5 SELC FOIA re Red Wolves, # 3 Exhibit 3, 2019-2-19 SELC FOIA re Red Wolves, # 4 Exhibit 4, 2018-8-20 ANPRM Comments, # 5 Exhibit 5, Letter to Request Clarification, # 6 Exhibit 6, Letter Requesting Comment Extension, # 7 Exhibit 7, CEQ Response to Request for Extension)(Hunter, Kimberley)
2020-03-08	34	Declaration of Theresa L. Pettigrew by Council on Environmental Quality (Lugar, Justin)
2020-03-08	35	Declaration of Justin M. Lugar by Council on Environmental Quality (Lugar, Justin)
2020-03-09	36	ORDER granting in part and denying in part 27 Motion for Preliminary Injunction as set forth in the order. Signed by Senior Judge Glen E. Conrad on 3/9/2020. (ssm)
2020-03-09	37	NOTICE of Appearance by Jeffrey Bossert Clark on behalf of Council on Environmental Quality (ssm)
2020-03-09	38	Minute Entry for proceedings held before Senior Judge Glen E. Conrad: Motions Hearing held on 3/9/2020. (Court Reporter: JoRita Meyer) (ssm)
2020-03-11	39	NOTICE by Council on Environmental Quality regarding Agreed Production Schedule (Lugar, Justin)
2020-03-13	40	NOTICE by Council on Environmental Quality re 36 Responsible individuals who may be directed to appear before the Court. (Lugar, Justin)
2020-03-19	41	MEMORANDUM OPINION in Support of Order 36 filed 3/9/2020 granting in part and denying in part the Motion for Preliminary Injunction 27 . Signed by Senior Judge Glen E. Conrad on 3/18/2020. (ssm)
2020-06-26	42	MOTION for Summary Judgment by Southern Environmental Law Center. (Hunter, Kimberley)
2020-06-26	43	Brief / Memorandum in Support re 42 MOTION for Summary Judgment . filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit A, Letter from H. Sun to K Hunter, # 2 Exhibit B, Production 6 excerpt, # 3 Exhibit C, Production 5 excerpt, # 4 Exhibit D, Production 5 excerpt, # 5 Exhibit E, Production 6 excerpt, # 6 Exhibit F, Production 3 excerpt, # 7 Exhibit G, Production 6 excerpt, # 8 Exhibit H, Production 6 excerpt, # 9 Exhibit I, Redacted Hergott Testimony, # 10 Exhibit J, Redacted Agenda NEPA working group, # 11 Exhibit K, Redacted Agenda, Wyoming Cty, # 12 Exhibit L, Redacted Agenda, # 13 Exhibit M, Production 3 excerpt, # 14 Exhibit N, Production 6 excerpt)(Hunter, Kimberley)
2020-07-02	44	MOTION for Extension of Time to File Response/Reply as to 43 Brief / Memorandum in Support,,, 42 MOTION for Summary Judgment by Council on Environmental Quality. (Attachments: # 1 Text of Proposed Order)(Lugar, Justin)
2020-07-02	45	ORDER granting 44 Motion for Extension of Time to File Response/Reply - Responses due by 8/24/2020. Signed by Senior Judge Glen E. Conrad on 07/02/2020. (ssm)
2020-08-24	46	RESPONSE in Opposition re 42 MOTION for Summary Judgment and Cross-Motion for Summary Judgment . filed by Council on Environmental Quality. (Attachments: # 1 Declaration in Support by Howard C. Sun, # 2 Exhibit Vaughn index)(Lugar, Justin) Modified on 9/8/2020 (hnw).
2020-08-26	47	TRANSCRIPT REQUEST (Daily Service) by Southern Environmental Law Center for Motions Hearing held on 03/09/2020 reported by Court Reporter JoRita Meyer before Judge Hon. Glen Conrad. Transcript Due Deadline will be set when Financial Arrangements are made. (Hunter, Kimberley)
2020-08-26	48	Financial arrangements made (Original) (Daily Service) re 47 Transcript Request, Transcript due by 8/27/2020. (jm)
2020-08-27	49	TRANSCRIPT of Proceedings: Motion hearing held on 3/9/2020 before Judge Conrad. Court Reporter/Transcriber JoRita Meyer, Telephone number 540-857-5100, ext. 5311, JoRitaM@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 9/17/2020. Redacted Transcript Deadline set for 9/28/2020. Release of Transcript Restriction set for 11/25/2020. (jm)
2020-08-27	50	TRANSCRIPT REQUEST (Daily Service) by Council on Environmental Quality for Motion Hearing held on March 9, 2020 reported by Court Reporter JoRita Meyer before Judge Hon. Glen E. Conrad. Transcript Due Deadline will be set when Financial Arrangements are made. (Samford, Barclay)
2020-08-27	51	Financial arrangements made (Copy) (Daily Service) re 50 Transcript Request, Transcript due by 8/28/2020. (jm)
2020-08-27	52	TRANSCRIPT REQUEST (Daily Service) by Council on Environmental Quality for Motions Hearing held on 03/09/2020 reported by Court Reporter JoRita Meyer before Judge Glen E. Conrad. Transcript Due Deadline will be set when Financial Arrangements are made. (Lugar, Justin)
2020-08-27	53	Financial arrangements made (Copy) (Daily Service) re 52 Transcript Request, Transcript due by 8/28/2020. (jm)
2020-08-27	54	MOTION for Leave to File Combined Response-Rebuttal Brief by Southern Environmental Law Center. (Attachments: # 1 Text of Proposed Order)(Hunter, Kimberley)
2020-08-27	55	MOTION for Maia Hutt to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3473232. by Southern Environmental Law Center. (Attachments: # 1 Text of Proposed Order)(Butler, Morgan)
2020-08-28	56	Transcript Copy Delivered re 50 Transcript Request, (jm)
2020-08-28	57	Transcript Copy Delivered re 52 Transcript Request, (jm)
2020-08-28	58	ORDER granting 55 MOTION to Appear Pro Hac Vice Attorney Maia Hutt for Southern Environmental Law Center added Signed by Senior Judge Glen E. Conrad on 8/28/2020. (hnw)
2020-09-02	59	ORDER granting 54 Motion for Leave to File Combined Response/Rebuttal Brief on or by September 8, 2020. Signed by Senior Judge Glen E. Conrad on 09/02/2020. (ssm)
2020-09-08	60	RESPONSE in Opposition re 46 MOTION for Summary Judgment and Rebuttal in Support of Plaintiff's Motion for Summary Judgment . filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit ANPRM Fact Sheet)(Hunter, Kimberley)
2020-09-15	61	REPLY to Response to Motion re 46 MOTION for Summary Judgment . filed by Council on Environmental Quality. (Lugar, Justin)
2020-09-18	62	NOTICE of Telephonic Hearing on Cross Motions 46 MOTION for Summary Judgment, 42 MOTION for Summary Judgment : (CR) (No Interpreter requested) Telephonic Motions Hearing set for 10/15/2020 01:30 PM before Senior Judge Glen E. Conrad. Dial In Instructions to follow nearer to court date.(ssm)
2020-09-21		IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020 . Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800- 676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at NextGen Information . (mzc) (ADI)
2020-09-29		IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020 . This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password . Please manually log in to the VAWD CM/ECF system at ht tps://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc)
2020-10-05		IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020 . The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking you r account can be found by clicking here . Remember you cannot link your accounts until on or after the court goes live on NextGe n October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc)
2020-10-16	63	NOTICE Rescheduling Telephonic Hearing on Motion 46 MOTION for Summary Judgment, 42 MOTION for Summary Judgment (CR) (No Interpreter requested) previously set for 10/15/2020 Telephonic Motion Hearing reset for 10/23/2020 01:00 PM in Roanoke before Senior Judge Glen E. Conrad. (ssm)
2020-10-16	64	ORDER The defendant shall answer whether a final version of each Vaughn index entry characterized as draft was part of the set of documents turned over to the plaintiff. The defendant shall update its Vaughn index accordingly. Signed by Senior Judge Glen E. Conrad on 10/16/2020. (dg)
2020-10-19	65	NOTICE of Telephonic Hearing: (CR) (No Interpreter requested) Status Conference set for 10/21/2020 04:00 PM in Roanoke before Senior Judge Glen E. Conrad. (ssm)
2020-10-20	66	NOTICE Rescheduling Telephonic Hearing on Motions 46 MOTION for Summary Judgment, 42 MOTION for Summary Judgment (CR) (No Interpreter requested) previously set for 10/23/2020 at 1:00 pm before Judge Conrad in Roanoke:Telehonic Motions Hearing reset for 10/23/2020 (same day - later time) 03:00 PM in Roanoke before Senior Judge Glen E. Conrad. (ssm)
2020-10-21	68	Minute Entry for proceedings held before Senior Judge Glen E. Conrad: Telephonic Status Conference held on 10/21/2020. (Court Reporter: Mary Butenschoen) (ssm) (Entered: 10/28/2020)
2020-10-22	67	STATUS MEMORANDUM OPINION & ORDER. Signed by Senior Judge Glen E. Conrad on 10/22/2020. (ssm) (Entered: 10/23/2020)
2020-10-23	70	Minute Entry for proceedings held before Senior Judge Glen E. Conrad: Telephonic Motions Hearing held on 10/23/2020 re 46 MOTION for Summary Judgment filed by Council on Environmental Quality, 42 MOTION for Summary Judgment filed by Southern Environmental Law Center. (Court Reporter: JoRita Meyer) (ssm) (Entered: 10/29/2020)
2020-10-29	69	TRANSCRIPT REQUEST (Expedited-7 calendar days Service) by Council on Environmental Quality for Summary Judgment Motions Hearing held on October 23, 2020 reported by Court Reporter JoRita Meyer before Judge Judge Glen E. Conrad. Transcript Due Deadline will be set when Financial Arrangements are made. (Lugar, Justin) Main Document 69 replaced with flattened PDF on 10/30/2020) (sad).
2020-10-30	71	Financial arrangements made (Original) (Expedited-7 calendar days Service) re 69 Transcript Request, Transcript due by 11/6/2020. (jm)
2020-10-30	72	ORDER directing the DEQ to produce to the SELC and/or the court for in camera review, the materials as directed herein within the time frames specified during the 10/23/2020 hearing - 2 weeks for documents more easily produced, and 4 weeks for those requiring more effort. Signed by Senior Judge Glen E. Conrad on 10/30/2020. (ssm)
2020-11-05	73	TRANSCRIPT of Proceedings: Motions held on 10/23/2020 before Judge Conrad. Court Reporter/Transcriber JoRita Meyer, Telephone number 540.857.5100, JoRitaM@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 11/27/2020. Redacted Transcript Deadline set for 12/7/2020. Release of Transcript Restriction set for 2/3/2021. (jm)
2020-11-06	74	NOTICE by Council on Environmental Quality re 72 (Attachments: # 1 Exhibit 1 - Filed Under Seal, # 2 Exhibit 2 - Filed Under Seal, # 3 Exhibit 3 - Filed Under Seal)(Lugar, Justin)
2020-11-06	75	Sealed Documents - EXHIBIT 1 to NOTICE filed 11/6/2020; (Attachments: # 1 EXHIBIT 2 to NOTICE filed 11/6/2020, # 2 EXHIBIT 3 to NOTICE filed 11/6/2020)(ssm) Modified on 11/9/2020 to reflect that all attached documents are deleted from docket entry and submitted for in camera review to chambers/not flattened (ssm).
2020-11-10	76	TRANSCRIPT REQUEST (Ordinary-30 calendar days Service) by Southern Environmental Law Center for Motions Hearing held on 10/23/2020 reported by Court Reporter JoRita Meyer before Judge Judge Conrad. Transcript Due Deadline will be set when Financial Arrangements are made. (Hunter, Kimberley)
2020-11-12	77	Order to Respond by no later than 11/23/2020 as to case now pending and heard before U.S. Supreme Court, United States Fish & Wildlife Serv. v. Sierra Club , Docket No. 19-547 and whatelse as set forth in order. Signed by Senior Judge Glen E. Conrad on 11/12/2020. (ssm)
2020-11-12	78	Financial arrangements made (Copy) (Ordinary-30 calendar days Service) re 76 Transcript Request, Transcript due by 12/14/2020. (jm)
2020-11-23	79	NOTICE by Council on Environmental Quality re 77 (Lugar, Justin)
2020-11-23	80	NOTICE by Southern Environmental Law Center (Hunter, Kimberley)
2020-12-14	81	MEMORANDUM OPINION. Signed by Senior Judge Glen E. Conrad on 12/14/2020. (dg)
2020-12-14	82	ORDER CEQ shall produce to SELC unredacted versions of the records identified in the accompanying memorandum opinion. The parties shall notify the court as to the extent to which their dispute remains unaddressed by this order. Signed by Senior Judge Glen E. Conrad on 12/14/2020. (dg)
2020-12-21	83	Transcript Copy Delivered re 76 Transcript Request, (jm)
2021-05-11	84	Oral ORDER TRANSFERRING CASE. Case transferred to Judge Elizabeth K. Dillon for all further proceedings. Senior Judge Glen E. Conrad no longer assigned to case. Entered by Chief Judge Michael F. Urbanski on 5/11/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (ssm)
2021-05-12	85	STIPULATION of Dismissal and Settlement by Council on Environmental Quality (Lugar, Justin)
2021-06-07	86	ORDER DISMISSING CASE WITH Prejudice. Signed by Judge Elizabeth K. Dillon on 06/07/2021. (dg)
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