Case Detail

FOIA Project Annotation: Judge Amit Mehta has ruled that the Sierra Club is entitled to attorney's fees for its FOIA litigation against the EPA for records substantiating former EPA Administrator Andrew Wheeler's claim that the effects of climate change were still decades in the future. The agency argued that it was processing the Sierra Club's request before the organization filed suit and that the suit itself did not cause the agency to respond to the request. Mehta disagreed, noting that "EPA cites no case for the proposition that a newly revealed past intent to disclose records can defeat the element of causation." He pointed out that "after initially suggesting to Plaintiff that it would search for responsive records, EPA advised that the request was not 'reasonably specific' and refused to commit to disclosure, causing Plaintiff to take an administrative appeal. When EPA dragged its feet in issuing a decision on appeal, Plaintiff was left with no choice but to file suit. In such circumstances, it is 'more probable than not,' that filing suit caused EPA to reverse the only position it ever articulated to Plaintiff â€" that it would not produce records." Mehta also rejected the agency's claim that the Sierra Club materially changed its request during litigation. He noted that "plaintiff never modified the request itself; rather, after commencing litigation the parties reached agreement on a search protocol to identify responsive records. What's more, the approach the parties eventually took was one that Plaintiff had proposed since the outset of the administrative process. EPA never explains why during the administrative proceedings it refused to reach an agreement on search terms, and instead stood firm that the request was not 'reasonably specific.'" Mehta found the agency's resistance to conducting a search â€" particularly after it had agreed to a similar search the previous year in response to litigation filed by PEER â€" was not reasonable. He pointed out that "indeed, it is telling that immediately after filing suit, and with the benefit of counsel from the U.S. Attorney's Office, EPA agreed to run searches that it had long resisted. This is not the kind of agency response to a legitimate FOIA request that Congress had in mind, and it is precisely the type of response that Congress thought warranted an award of attorney's fees." Turning to the calculation of fees, Mehta noted that he would reduce the number of hours spent on pro hac vice matters, observing that "those hours are not compensable." He reduced the hours requested slightly, awarding $41,585.55 in fees and costs.
Issues: Litigation - Attorney's fees - Eligibility - Causal effect, Litigation - Attorney's fees - Entitlement - Calculation of award

Date Filed	Doc #	Docket Text
2019-10-09	1	COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number ADCDC-6434621) filed by SIERRA CLUB. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet, # 5 Summons, # 6 Summons, # 7 Summons)(Miller, Matthew) (Entered: 10/09/2019)
2019-10-09	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SIERRA CLUB (Miller, Matthew) (Entered: 10/09/2019)
2019-10-11	3	ERRATA correcting Civil Cover Sheet by SIERRA CLUB 1 Complaint, filed by SIERRA CLUB. (Miller, Matthew) (Entered: 10/11/2019)
2019-10-15		Case assigned to Judge Amit P. Mehta. (zmc) (Entered: 10/15/2019)
2019-10-15	4	SUMMONS (3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 10/15/2019)
2019-10-29	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 10/23/2019 (Miller, Matthew) Modified on 10/30/2019 to correct party served (jf). (Entered: 10/29/2019)
2019-10-29	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/24/2019. (Miller, Matthew) (Entered: 10/29/2019)
2019-10-29	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/29/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/28/2019. (Miller, Matthew) (Entered: 10/29/2019)
2019-11-21	8	NOTICE of Appearance by John Cuong Truong on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Truong, John) (Entered: 11/21/2019)
2019-11-21	9	MOTION for Extension of Time to Respond to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Truong, John) (Entered: 11/21/2019)
2019-11-22	10	RESPONSE re 9 MOTION for Extension of Time to Respond to Complaint filed by SIERRA CLUB. (Miller, Matthew) (Entered: 11/22/2019)
2019-11-22		MINUTE ORDER granting in part and denying in part the 9 motion for additional time. Defendant's response to the Complaint shall be due by December 20, 2019. Signed by Judge Amit P. Mehta on 11/22/2019. (lcapm1) (Entered: 11/22/2019)
2019-11-22		Set/Reset Deadlines: Defendant's Responsive Pleading due by 12/20/2019. (zjd) (Entered: 11/25/2019)
2019-12-20	11	ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Truong, John) (Entered: 12/20/2019)
2019-12-23	12	ORDER directing the parties to meet and confer and file a Joint Status Report on or before January 6, 2020. See the attached Order for further details. Signed by Judge Amit P. Mehta on 12/23/2019. (lcapm1) (Entered: 12/23/2019)
2019-12-23	13	Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joseph Halso, Filing fee $ 100, receipt number ADCDC-6671260. Fee Status: Fee Paid. by SIERRA CLUB (Attachments: # 1 Affidavit Declaration of J. Halso In Support of Motion, # 2 Text of Proposed Order Proposed Order Granting Motion)(Miller, Matthew) (Entered: 12/23/2019)
2019-12-23		MINUTE ORDER granting 13 Motion for Leave to Appear Pro Hac Vice. Attorney Joseph Halso is hereby admitted pro hac vice to appear in this matter. 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 Amit P. Mehta on 12/23/2019. (lcapm1) Modified on 12/23/2019 (lcapm1) (Entered: 12/23/2019)
2019-12-23		Set/Reset Deadlines: Joint Status Report due by 1/6/2020. (zjd) (Entered: 12/26/2019)
2020-01-06	14	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 01/06/2020)
2020-01-07		MINUTE ORDER. The parties shall file an additional Joint Status Report by January 30, 2020, which updates the court on the agency's efforts to search for and produce responsive records. Signed by Judge Amit P. Mehta on 1/7/2020. (lcapm1) (Entered: 01/07/2020)
2020-01-07		Set/Reset Deadlines: Joint Status Report due by 1/30/2020. (zjd) (Entered: 01/09/2020)
2020-01-20	15	NOTICE of Change of Address by Matthew Edwin Miller (Miller, Matthew) (Entered: 01/20/2020)
2020-01-21		NOTICE OF ERROR re 15 Notice of Change of Address; emailed to matthew.miller@sierraclub.org, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Counsel must change address via Pacer (zjf, ) (Entered: 01/21/2020)
2020-01-24	16	NOTICE of Appearance by Joseph Halso on behalf of SIERRA CLUB (Halso, Joseph) (Entered: 01/24/2020)
2020-01-30	17	NOTICE of Appearance by Brenda A. Gonzalez on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Gonzalez, Brenda) (Entered: 01/30/2020)
2020-01-30	18	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Gonzalez, Brenda) (Entered: 01/30/2020)
2020-01-31		MINUTE ORDER. The parties shall file an additional Joint Status Report by February 21, 2020, which updates the court on the agency's efforts to search for and produce responsive records. Signed by Judge Amit P. Mehta on 1/31/2020. (lcapm1) (Entered: 01/31/2020)
2020-01-31		Set/Reset Deadlines: Joint Status Report due by 2/21/2020. (zjd) (Entered: 01/31/2020)
2020-02-21	19	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Gonzalez, Brenda) (Entered: 02/21/2020)
2020-02-21		MINUTE ORDER. The parties shall file an additional Joint Status Report by May 19, 2020, which updates the court on the agency's efforts to search for and produce responsive records. Signed by Judge Amit P. Mehta on 02/21/2020. (lcapm3) (Entered: 02/21/2020)
2020-02-21		Set/Reset Deadlines: Joint Status Report due by 5/19/2020. (zjd) (Entered: 02/24/2020)
2020-05-19	20	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 05/19/2020)
2020-05-20		MINUTE ORDER. The parties shall file an additional Joint Status Report by June 19, 2020, which advises whether any dispute remains concerning attorney's fees and costs and, if so, proposes a briefing schedule. Signed by Judge Amit P. Mehta on 5/20/2020. (lcapm1) (Entered: 05/20/2020)
2020-05-20		Set/Reset Deadlines: Joint Status Report due by 6/19/2020. (zjd) (Entered: 05/20/2020)
2020-06-19	21	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 06/19/2020)
2020-06-19		MINUTE ORDER. The parties shall file an additional Joint Status Report by July 17, 2020, which advises whether any dispute remains concerning attorney's fees and costs and, if so, proposes a briefing schedule. Signed by Judge Amit P. Mehta on 6/19/2020. (lcapm1) (Entered: 06/19/2020)
2020-06-19		Set/Reset Deadlines: Joint Status Report due by 7/17/2020. (zjd) (Entered: 06/23/2020)
2020-07-17	22	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 07/17/2020)
2020-07-17		MINUTE ORDER entering the briefing schedule proposed in the parties' Joint Status Report, ECF No. 22. Plaintiff's motion for attorney's fees and costs shall be filed by August 28, 2020. Defendant's Response thereto shall be filed by September 28, 2020. Plaintiff's reply shall be filed by October 14, 2020. Signed by Judge Amit P. Mehta on 7/17/2020. (lcapm1) (Entered: 07/17/2020)
2020-07-17		Set/Reset Deadlines: Motion for Attorney's Fees and Costs due by 8/28/2020. Response due by 9/28/2020. Reply due by 10/14/2020. (zjd) (Entered: 07/17/2020)
2020-08-28	23	MOTION for Attorney Fees and Costs by SIERRA CLUB (Attachments: # 1 Exhibit A, Decl. of M. Miller, # 2 Exhibit B, Decl. of J. Halso, # 3 Exhibit C, Decl. of L. Hogrewe, # 4 Exhibit D, Timekeeping Logs, # 5 Text of Proposed Order Proposed Order)(Miller, Matthew) (Entered: 08/28/2020)
2020-09-12	24	NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Brenda A. Gonzalez and John Cuong Truong (Carilli, Joseph) (Entered: 09/12/2020)
2020-09-23	25	Consent MOTION for Extension of Time to File Response by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 09/23/2020)
2020-09-24		MINUTE ORDER granting Defendant's 25 Consent Motion for Extension of Time to File Response. Defendant shall file its response to Plaintiff's motion for attorney's fees by October 13, 2020, and Plaintiff shall file its reply in support of its motion for attorney's fees by November 12, 2020. Signed by Judge Amit P. Mehta on 9/24/2020. (lcapm1) (Entered: 09/24/2020)
2020-09-24		Set/Reset Deadlines: Response due by 10/13/2020. Reply due by 11/12/2020. (zjd) (Entered: 09/25/2020)
2020-10-13	26	MOTION for Extension of Time to File Response/Reply by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 10/13/2020)
2020-10-14	27	Memorandum in opposition to re 23 MOTION for Attorney Fees and Costs filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Exhibit)(Carilli, Joseph) Modified on 10/14/2020 (eg). (Entered: 10/14/2020)
2020-10-14	28	ORDER granting 26 Defendant's Motion for Extension of Time to File Response. Defendant shall file its response to Plaintiff's motion for attorney's fees by October 14, 2020. Plaintiff shall file its reply in support of its motion for attorney's fees by November 13, 2020. See attached Order for additional details. Signed by Judge Amit P. Mehta on 10/14/2020. (lcapm1) (Entered: 10/14/2020)
2020-10-14		Set/Reset Deadlines: Response due by 10/14/2020. Reply due by 11/13/2020. (zjd) (Entered: 10/15/2020)
2020-11-13	29	REPLY to opposition to motion re 23 MOTION for Attorney Fees and Costs filed by SIERRA CLUB. (Attachments: # 1 Exhibit A, Declaration of M. Miller, # 2 Exhibit B, Declaration of J. Halso, # 3 Exhibit C, Declaration of L. Hogrewe, # 4 Exhibit D, Timekeeping Logs)(Miller, Matthew) (Entered: 11/13/2020)
2021-03-31	30	MEMORANDUM OPINION AND ORDER granting Plaintiff's 23 Motion for Attorney's Fees and Costs. See the attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 3/31/2021. (lcapm2) Modified document type on 4/6/2021 (zjd). (Entered: 03/31/2021)
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