Skip to content

Case Detail

[Subscribe to updates]
Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. COUNCIL ON ENVIRONMENTAL QUALITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01316
Date Filed2019-05-07
Date Closed2021-02-01
JudgeJudge Thomas F. Hogan
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted FOIA requests to the Council for Environmental Quality, the Department of Agriculture, the Department of the Interior, the Department of Commerce, and the EPA for records concerning a memorandum of agreement between the agencies establishing an interagency working group to coordinate Endangered Species Act consultations for pesticide registrations and registration reviews. The agencies acknowledged receipt of the requests, but after hearing nothing further from any of the agencies pertaining to its requests, CBD filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantCOUNCIL ON ENVIRONMENTAL QUALITY
DefendantU.S. DEPARTMENT OF AGRICULTURE
DefendantU.S. DEPARTMENT OF COMMERCE
DefendantNATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
DefendantU.S. DEPARTMENT OF THE INTERIOR
DefendantU.S. 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
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-071COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6106574) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons US Attorney General, # 3 Summons US Attorney, # 4 Summons CEQ, # 5 Summons USDA, # 6 Summons DOC, # 7 Summons NOAA, # 8 Summons DOI, # 9 Summons EPA)(Shannon, Ryan) (Entered: 05/07/2019)
2019-05-072LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Shannon, Ryan) (Entered: 05/07/2019)
2019-05-073MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephanie Parent, :Firm- Center for Biological Diversity, :Address- P.O. Box 11374, Portland, OR 97211-0374. Phone No. - (971) 717-6404. Filing fee $ 100, receipt number 0090-6108586. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Declaration of Stephanie Parent, # 2 Text of Proposed Order)(Shannon, Ryan) (Entered: 05/07/2019)
2019-05-074REQUEST FOR SUMMONS TO ISSUE COUNCIL ON ENVIRONMENTAL QUALITY re 1 Complaint, filed by CENTER FOR BIOLOGICAL DIVERSITY. Related document: 1 Complaint, filed by CENTER FOR BIOLOGICAL DIVERSITY.(Shannon, Ryan) (Entered: 05/07/2019)
2019-05-075REQUEST FOR SUMMONS TO ISSUE U.S. Department of Agriculture re 1 Complaint, filed by CENTER FOR BIOLOGICAL DIVERSITY. Related document: 1 Complaint, filed by CENTER FOR BIOLOGICAL DIVERSITY.(Shannon, Ryan) (Entered: 05/07/2019)
2019-05-08Case Assigned to Judge Thomas F. Hogan. (zef, ) (Entered: 05/08/2019)
2019-05-086SUMMONS (8) Issued Electronically as to COUNCIL ON ENVIRONMENTAL QUALITY, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 05/08/2019)
2019-05-16MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice of Stephanie M. Parent. The Court notes that Ms. Parent has been admitted to appear pro hac vice in this Court three times in the past 15 months and advises Ms. Parent to apply for admission to the Bar of this Court if she wishes to make further appearances. Signed by Judge Thomas F. Hogan on May 16, 2019. (lctfh3) (Entered: 05/16/2019)
2019-05-297RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/17/2019. Answer due for ALL FEDERAL DEFENDANTS by 6/16/2019. (Attachments: # 1 Exhibit Return of Service)(Parent, Stephanie) (Entered: 05/29/2019)
2019-05-298RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/14/2019. (Attachments: # 1 Exhibit Return of Service)(Parent, Stephanie) (Entered: 05/29/2019)
2019-05-299RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. COUNCIL ON ENVIRONMENTAL QUALITY served on 5/13/2019; NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION served on 5/13/2019; U.S. DEPARTMENT OF AGRICULTURE served on 5/13/2019; U.S. DEPARTMENT OF COMMERCE served on 5/13/2019; U.S. DEPARTMENT OF THE INTERIOR served on 5/13/2019; U.S. ENVIRONMENTAL PROTECTION AGENCY served on 5/13/2019 (Attachments: # 1 Exhibit Return of Service)(Parent, Stephanie) (Entered: 05/29/2019)
2019-06-1110Consent MOTION for Extension of Time to Respond to Complaint by COUNCIL ON ENVIRONMENTAL QUALITY, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY (Truong, John) (Entered: 06/11/2019)
2019-06-12MINUTE ORDER granting 10 Defendants' Consent Motion for an Extension of Time. Accordingly, the defendants' response to the complaint shall be filed on or before July 22, 2019. Signed by Judge Thomas F. Hogan on June 12, 2019. (JK) (Entered: 06/12/2019)
2019-06-12Set/Reset Deadlines: Answer due by 7/22/2019. (JK) (Entered: 06/12/2019)
2019-07-2211ANSWER to Complaint by COUNCIL ON ENVIRONMENTAL QUALITY, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY.(Truong, John) (Entered: 07/22/2019)
2019-07-23MINUTE ORDER requiring the parties to confer and file a joint status report proposing a schedule for further proceedings. The joint status report should address the status of the plaintiff's FOIA requests, including the anticipated number of documents responsive to the requests, as well as the anticipated date(s) for the release of documents responsive to any requests that are still being processed. The parties shall file the joint status report on or before August 23, 2019. Signed by Judge Thomas F. Hogan on July 23, 2019. (JK) (Entered: 07/23/2019)
2019-07-23Set/Reset Deadlines: Joint Status Report due by 8/23/2019 (hs) (Entered: 07/23/2019)
2019-08-2112Joint STATUS REPORT by COUNCIL ON ENVIRONMENTAL QUALITY, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 08/21/2019)
2019-09-19MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before October 8, 2019. Signed by Judge Thomas F. Hogan on September 19, 2019. (JK) (Entered: 09/19/2019)
2019-09-23Set/Reset Deadlines: Joint Status Report due by 10/8/2019 (hs) (Entered: 09/23/2019)
2019-10-0813Joint STATUS REPORT by COUNCIL ON ENVIRONMENTAL QUALITY, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 10/08/2019)
2019-10-09MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before December 6, 2019. Signed by Judge Thomas F. Hogan on October 9, 2019. (CR) (Entered: 10/09/2019)
2019-10-17Set/Reset Deadlines: Joint Status Report due by 12/6/2019 (hs) (Entered: 10/17/2019)
2019-12-0614Joint STATUS REPORT by COUNCIL ON ENVIRONMENTAL QUALITY, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 12/06/2019)
2019-12-09MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before February 4, 2020. Signed by Judge Thomas F. Hogan on December 9, 2019. (CR) (Entered: 12/09/2019)
2019-12-09Set/Reset Deadlines: Joint Status Report due by 2/4/2020 (hs) (Entered: 12/09/2019)
2020-02-0415NOTICE of Appearance by Brenda A. Gonzalez on behalf of All Defendants (Gonzalez, Brenda) (Entered: 02/04/2020)
2020-02-0416Joint STATUS REPORT by COUNCIL ON ENVIRONMENTAL QUALITY, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY. (Gonzalez, Brenda) (Entered: 02/04/2020)
2020-02-05MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before July 31, 2020. Signed by Judge Thomas F. Hogan on February 5, 2020. (CR) (Entered: 02/05/2020)
2020-02-05Set/Reset Deadlines: Joint Status Report due by 7/31/2020 (hs) (Entered: 02/05/2020)
2020-07-3117Joint STATUS REPORT by COUNCIL ON ENVIRONMENTAL QUALITY, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 07/31/2020)
2020-08-01MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before September 30, 2020. Signed by Judge Thomas F. Hogan on August 1, 2020. (CR) (Entered: 08/01/2020)
2020-08-01ENTERED IN ERROR....MINUTE ORDER. Upon consideration of the parties' 7 Joint Status Report, it is ORDERED that the parties shall file a further Joint Status Report by September 15, 2020. Signed by Judge Thomas F. Hogan on August 1, 2020. (CR) Modified on 8/1/2020 (CR). (Entered: 08/01/2020)
2020-08-03Set/Reset Deadlines: Joint Status Report due by 9/30/2020 (hs) (Entered: 08/03/2020)
2020-09-3018Joint STATUS REPORT by COUNCIL ON ENVIRONMENTAL QUALITY, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 09/30/2020)
2020-09-30MINUTE ORDER STAYING CASE. Based upon the representations in the parties' 18 Joint Status Report, this case is hereby STAYED until December 2, 2020. The parties shall file a stipulation of dismissal or a further Joint Status Report on or before December 2, 2020. Signed by Judge Thomas F. Hogan on September 30, 2020. (CR) (Entered: 09/30/2020)
2020-10-02Set/Reset Deadlines: Stipulation of Dismissal or a further Joint Status Status Report due by 12/2/2020 (hs) (Entered: 10/02/2020)
2020-12-0219Joint STATUS REPORT by COUNCIL ON ENVIRONMENTAL QUALITY, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 12/02/2020)
2020-12-03MINUTE ORDER EXTENDING STAY. Based upon the representations in the parties' 19 Joint Status Report, this case is hereby STAYED until January 27, 2021. The parties shall file a stipulation of dismissal or a further Joint Status Report on or before January 27, 2021. Signed by Judge Thomas F. Hogan on December 3, 2020. (CR) (Entered: 12/03/2020)
2020-12-03Set/Reset Deadlines: Joint Status Report due by 1/27/2021 (hs) (Entered: 12/03/2020)
2020-12-1420NOTICE OF WITHDRAWAL OF APPEARANCE as to COUNCIL ON ENVIRONMENTAL QUALITY, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY. Attorney Brenda A. Gonzalez-Horowitz terminated. (Gonzalez-Horowitz, Brenda) (Entered: 12/14/2020)
2021-01-2721STIPULATION of Dismissal by COUNCIL ON ENVIRONMENTAL QUALITY, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 01/27/2021)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar