Case Detail

FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that the National Climate Task Force is not an agency subject to the Freedom of Information Act. Competitive Enterprise Institute submitted a request to the Department of Commerce and the EPA for records from the Task Force and its chair, John Podesta, who had replaced Gina McCarthy as chair. In Executive Order 14008, President Joe Biden established the National Climate Task Force led by the newly-created National Climate Advisor. The Task Force was created to lead and implement policies to combat climate change. More than 21 of 28 members of the Task Force are executive department and agency heads. Dismissing for lack of jurisdiction, Kollar-Kotelly observed that "neither McCarthy, as former Chair, nor Podesta, as current Chair, are subject to FOIA. Needless to say, individuals are not agencies. In opposition, Plaintiff states that it is suing 'Ms. McCarthy only in her official capacity as Chair of the Task Force,' but this non sequitur does not morph an individual into an agency. Therefore, all claims against Podesta, as substituted for McCarthy, must be dismissed." She then pointed out that "nor is the National Climate Task Force an agency for purpose of FOIA because even taking the complaint's allegations as true, the Task Force lacks substantial authority independent of the President," which relates to how close the entity is to the President, whether it has a self-contained structure, and the nature of its delegated authority. She noted that the majority of its members were employees of Departments or agencies. She indicated that "although these individuals exercise independent authority as heads of their independent respective agencies, they exercise no independent authority when acting as members of the Task Force." She also pointed out that "without any independent authority, all the Task Force can do with such inputs is to use them to inform its members and other officials in order to bolster their individual and collective decision-making."
Issues: Agency - Independent authority

Date Filed	Doc #	Docket Text
2021-05-06	1	COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-8428994) filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(McGinley, Michael) (Entered: 05/06/2021)
2021-05-06		Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 05/06/2021)
2021-05-06	2	SUMMONS (4) Issued Electronically as to GINA MCCARTHY, NATIONAL CLIMATE TASK FORCE, OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 05/06/2021)
2021-05-20	3	ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 5/20/21. (DM) (Entered: 05/20/2021)
2021-05-28	4	CERTIFICATE OF SERVICE by COMPETITIVE ENTERPRISE INSTITUTE re 1 Complaint, 2 Summons Issued Electronically . (McGinley, Michael) (Entered: 05/28/2021)
2021-06-14	5	NOTICE of Appearance by Cody Taylor Knapp on behalf of All Defendants (Knapp, Cody) (Entered: 06/14/2021)
2021-06-14	6	Partial MOTION to Dismiss by GINA MCCARTHY, NATIONAL CLIMATE TASK FORCE, OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Knapp, Cody) (Entered: 06/14/2021)
2021-06-28	7	AMENDED COMPLAINT as of right against All Defendants filed by COMPETITIVE ENTERPRISE INSTITUTE.(McGinley, Michael) (Entered: 06/28/2021)
2021-06-30	8	NOTICE of Appearance by Eric Dean Hageman on behalf of All Plaintiffs (Hageman, Eric) (Entered: 06/30/2021)
2021-07-01	9	NOTICE of Appearance by Charles Devin Watkins on behalf of COMPETITIVE ENTERPRISE INSTITUTE (Watkins, Charles) (Entered: 07/01/2021)
2021-07-02	10	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael Corcoran, Filing fee $ 100, receipt number ADCDC-8573986. Fee Status: Fee Paid. by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Declaration Declaration of Michael Corcoran, # 2 Text of Proposed Order Proposed Order re Pro Hac Vice Motion)(Hageman, Eric) (Entered: 07/02/2021)
2021-07-05		MINUTE ORDER: The Court has received and reviewed the 10 Motion for Admission of Mr. Michael Corcoran. By or before July 12, 2021, Mr. Corcoran shall submit a declaration confirming that he has reviewed and is familiar with the local rules of this Court. Signed by Judge Colleen Kollar-Kotelly on July 5, 2021. (lcckk1) (Entered: 07/05/2021)
2021-07-07	11	DECLARATION of Michael Corcoran [Amended] by COMPETITIVE ENTERPRISE INSTITUTE re 10 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael Corcoran, Filing fee $ 100, receipt number ADCDC-8573986. Fee Status: Fee Paid. filed by COMPETITIVE ENTERPRISE INSTITUTE. (Hageman, Eric) (Entered: 07/07/2021)
2021-07-07		MINUTE ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Clic k for instructions Signed by Judge Colleen Kollar-Kotelly on July 7, 2021. (lcckk1) (Entered: 07/07/2021)
2021-07-12	12	Partial MOTION to Dismiss by GINA MCCARTHY, NATIONAL CLIMATE TASK FORCE, OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Executive Order 14008, # 3 Text of Proposed Order)(Knapp, Cody) (Entered: 07/12/2021)
2021-07-14	13	NOTICE of Appearance by Michael Corcoran on behalf of All Plaintiffs (Corcoran, Michael) (Entered: 07/14/2021)
2021-07-16	14	Consent MOTION for Extension of Time to File Response/Reply Briefs of Plaintiff and Defendants by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Text of Proposed Order Proposed Order)(McGinley, Michael) (Entered: 07/16/2021)
2021-07-19	15	ORDER granting 14 Motion for Extension of Time. Signed by Judge Colleen Kollar-Kotelly on July 19, 2021. (lcckk1) (Entered: 07/19/2021)
2021-07-19		Set/Reset Deadlines: Plaintiff's Brief in Opposition due by 8/9/2021. Defendants' Reply Brief due by 8/30/2021. (dot) (Entered: 07/19/2021)
2021-07-20	16	MOTION for Leave to File a Supplemental Complaint by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Exhibit Proposed Supplemental Complaint, # 2 Text of Proposed Order Proposed Order re Supplemental Complaint)(McGinley, Michael) (Entered: 07/20/2021)
2021-08-09	17	Memorandum in opposition to re 12 Partial MOTION to Dismiss filed by COMPETITIVE ENTERPRISE INSTITUTE. (McGinley, Michael) (Entered: 08/09/2021)
2021-08-30	18	REPLY to opposition to motion re 12 Partial MOTION to Dismiss filed by GINA MCCARTHY, NATIONAL CLIMATE TASK FORCE, OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Knapp, Cody) (Entered: 08/30/2021)
2021-10-07	19	MEMORANDUM OPINION & ORDER. Signed by Judge Colleen Kollar-Kotelly on October 7, 2021. (lcckk1) (Entered: 10/07/2021)
2021-10-07		Set/Reset Deadlines: Defendants may refile Motion or otherwise respond to [16-1] First Amended and Supplemental Complaint by 10/28/2021. (dot) (Entered: 10/08/2021)
2021-10-28	20	Partial MOTION to Dismiss by GINA MCCARTHY, NATIONAL CLIMATE TASK FORCE, OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Executive Order 14008, # 3 Text of Proposed Order)(Knapp, Cody) (Entered: 10/28/2021)
2021-11-11	21	Memorandum in opposition to re 20 Partial MOTION to Dismiss filed by COMPETITIVE ENTERPRISE INSTITUTE. (McGinley, Michael) (Entered: 11/11/2021)
2021-11-18	22	REPLY to opposition to motion re 20 Partial MOTION to Dismiss filed by GINA MCCARTHY, NATIONAL CLIMATE TASK FORCE, OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Knapp, Cody) (Entered: 11/18/2021)
2022-05-05	23	MOTION to Withdraw as Attorney Michael Corcoran by COMPETITIVE ENTERPRISE INSTITUTE. (Corcoran, Michael) (Entered: 05/05/2022)
2022-05-05		MINUTE ORDER granting counsel Michael Corcoran's consent 23 Motion to Withdraw as Attorney. The Clerk of Court is directed to terminate Michael Corcoran as counsel of record. Plaintiff's additional counsel remain counsel of record in this case. Signed by Judge Colleen Kollar-Kotelly on May 5, 2022. (lcckk1) (Entered: 05/05/2022)
2022-10-06	24	MOTION to Compel Preservation by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Text of Proposed Order)(McGinley, Michael) (Entered: 10/06/2022)
2022-10-14	25	Consent MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Compel Preservation by GINA MCCARTHY, NATIONAL CLIMATE TASK FORCE, OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Knapp, Cody) (Entered: 10/14/2022)
2022-10-17		MINUTE ORDER: Before the Court is Defendants' 25 Consent Motion for Extension of Time to Respond to Plaintiff's Motion to Compel. Counsel for Defendant represents that, due to competing obligations, he requires an extension of time from October 20, 2022 to October 27, 2022 to file Defendants' opposition to Plaintiff's 24 Motion to Compel. As Plaintiff consents, and upon good cause shown, Defendants' 25 Consent Motion for Extension of Time to Respond to Plaintiff's Motion to Compel is GRANTED . Defendants shall file their opposition on or before October 27, 2022 , and Plaintiff shall file its reply on or before November 3, 2022 . Signed by Judge Colleen Kollar-Kotelly on October 17, 2022. (lcckk1) (Entered: 10/17/2022)
2022-10-17		Set/Reset Deadlines: Defendants' Opposition to 24 due by 10/27/2022. Plaintiff's Reply to 24 due by 11/3/2022. (dot) (Entered: 10/17/2022)
2022-10-27	26	Memorandum in opposition to re 24 Motion to Compel filed by GINA MCCARTHY, NATIONAL CLIMATE TASK FORCE, OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Knapp, Cody) (Entered: 10/27/2022)
2022-11-03	27	REPLY to opposition to motion re 24 MOTION to Compel to compel preservation filed by COMPETITIVE ENTERPRISE INSTITUTE. (McGinley, Michael) Modified on 11/4/2022 to add docket link (zjm). (Entered: 11/03/2022)
2022-11-28	28	ORDER granting 20 Renewed Motion to Dismiss in Part. The Clerk of Court is respectfully directed to terminate Defendants John Podesta (substituted for Gina McCarthy) and National Climate Task Force as parties. Signed by Judge Colleen Kollar-Kotelly on November 28, 2022. (lcckk1) (Entered: 11/28/2022)
2022-11-28	29	MEMORANDUM OPINION re 28 Order. Signed by Judge Colleen Kollar-Kotelly on November 28, 2022. (lcckk1) (Entered: 11/28/2022)
2022-11-30	30	NOTICE of Appearance by Justin Aimonetti on behalf of COMPETITIVE ENTERPRISE INSTITUTE (Aimonetti, Justin) (Entered: 11/30/2022)
2022-12-12	31	ANSWER to 7 Amended Complaint as supplemented by [16-1] Plaintiff's Supplemental Complaint by OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE.(Knapp, Cody) (Entered: 12/12/2022)
2023-01-06	32	ORDER directing parties to file joint status report on or before March 3, 2023 . Signed by Judge Colleen Kollar-Kotelly on January 6, 2023. (lcckk1) (Entered: 01/06/2023)
2023-01-06		Set/Reset Deadlines: Joint Status Report due by 3/3/2023. (dot) (Entered: 01/06/2023)
2023-03-03	33	Joint STATUS REPORT by OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Knapp, Cody) (Entered: 03/03/2023)
2023-03-23		MINUTE ORDER: The Court is in receipt of the parties' 33 Joint Status Report. Upon consideration thereof, the parties shall file their next joint status report on or before May 2, 2023 , and, if necessary, every sixty days thereafter. Signed by Judge Colleen Kollar-Kotelly on March 23, 2023. (lcckk1) (Entered: 03/23/2023)
2023-03-23		Set/Reset Deadlines: Joint Status Report due by 5/2/2023. (dot) (Entered: 04/04/2023)
2023-05-02	34	Joint STATUS REPORT by OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Knapp, Cody) (Entered: 05/02/2023)
2023-07-03	35	Joint STATUS REPORT by OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Knapp, Cody) (Entered: 07/03/2023)
2023-09-01	36	Joint STATUS REPORT by OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Knapp, Cody) (Entered: 09/01/2023)
2023-10-04	37	MOTION to Withdraw as Attorney Eric Dean Hageman by COMPETITIVE ENTERPRISE INSTITUTE. (Hageman, Eric) (Entered: 10/04/2023)
2023-10-05		RESOLVED...NOTICE of Provisional/Government Not Certified Status re 37 MOTION to Withdraw as Attorney Eric Dean Hageman by COMPETITIVE ENTERPRISE INSTITUTE. (Hageman, Eric). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 10/12/2023. (zmrl) Modified on 1/3/2024 (zmrl). (Entered: 10/05/2023)
2023-10-05		MINUTE ORDER denying as moot counsel Eric Dean Hageman's 37 Motion to Withdraw as Attorney. Counsel need not move for such relief; rather, pursuant to LCvR 83.6(c), a notice suffices. Nevertheless, the Court will terminate counsel Hageman's appearance in this matter. Signed by Judge Colleen Kollar-Kotelly on October 5, 2023. (lcckk1) (Entered: 10/05/2023)
2023-10-31	38	Joint STATUS REPORT by OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Knapp, Cody) (Entered: 10/31/2023)
2024-01-02	39	Joint STATUS REPORT by OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Knapp, Cody) (Entered: 01/02/2024)
2024-02-26		MINUTE ORDER: The Court directs the parties to file a joint status report on or before March 4, 2024 , updating the Court as to whether the pending 24 Motion to Compel Preservation has become moot in light of the parties' cooperation. Signed by Judge Colleen Kollar-Kotelly on 2/26/2024. (lcckk1) (Entered: 02/26/2024)
2024-02-26		Set/Reset Deadlines: Joint Status Report due by 3/4/2024. (dot) (Entered: 02/29/2024)
2024-03-04	40	Joint STATUS REPORT by OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Knapp, Cody) (Entered: 03/04/2024)
2024-03-05		MINUTE ORDER denying 24 Motion to Compel AS MOOT in light of the parties' 40 Joint Status Report. Signed by Judge Colleen Kollar-Kotelly on 3/5/2024. (lcckk1) (Entered: 03/05/2024)
2024-05-03	41	Joint STATUS REPORT by OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Knapp, Cody) (Entered: 05/03/2024)
2024-07-02	42	Joint STATUS REPORT by OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Knapp, Cody) (Entered: 07/02/2024)
2024-09-03	43	Joint STATUS REPORT by OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Knapp, Cody) (Entered: 09/03/2024)
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