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Case TitlePUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01173
Date Filed2022-04-28
Date Closed2023-11-29
JudgeJudge Trevor N. McFadden
PlaintiffPUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY
Case DescriptionProfessionals Employees for Environmental Responsibility submitted a FOIA request to the EPA for records concerning the development of the Office of Pollution Prevention and Toxics development of the working definition referenced on the EPA's "Per- and Polyfluroalkyl Substances (PFAS) in Pesticide Packaging. PEER also requested a fee waiver. The agency acknowledged receipt of the request and granted PEER's request for a fee waiver. The agency then told PEER that its request qualified for unusual circumstances. After hearing anything further from the agency, PEER filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantENVIRONMENTAL PROTECTION AGENCY
DefendantUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-04-281COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 402 receipt number ADCDC-9201115) filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons for EPA, # 3 Summons Summons for US AG, # 4 Summons Summons for US Att DC)(Kingston, Hudson) (Entered: 04/28/2022)
2022-04-282LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Kingston, Hudson) (Entered: 04/28/2022)
2022-04-28Case Assigned to Judge Trevor N. McFadden. (znmg) (Entered: 04/28/2022)
2022-04-283SUMMONS (3) Issued Electronically as to ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 04/28/2022)
2022-04-284STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 4/28/2022. (lctnm1) (Entered: 04/28/2022)
2022-05-315ANSWER to Complaint by ENVIRONMENTAL PROTECTION AGENCY.(Simon, Jeremy) (Entered: 05/31/2022)
2022-06-02MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceedings in this matter. The report should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the report on or before July 8, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/2/2022. (lctnm1) (Entered: 06/02/2022)
2022-06-03Set/Reset Deadlines: Joint Status Report due by 7/8/2022. (hmc) (Entered: 06/03/2022)
2022-07-086Joint STATUS REPORT by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Kingston, Hudson) (Entered: 07/08/2022)
2022-07-11MINUTE ORDER: Upon consideration of the 6 Joint Status Report, the parties are hereby ORDERED to file another status report on or before September 8, 2022, with a proposed summary judgment briefing schedule. Alternatively, the parties may file a stipulation of dismissal before that date. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/11/2022. (lctnm1) (Entered: 07/11/2022)
2022-07-11Set/Reset Deadlines: Joint Status Report due by 9/8/2022. (hmc) (Entered: 07/11/2022)
2022-09-077Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 09/07/2022)
2022-09-07MINUTE ORDER: Upon consideration of the 7 Joint Status Report, the parties are ORDERED to file another status report on or before November 9, 2022. Alternatively, the parties may file a stipulation of dismissal before that date. If the parties do not file a stipulation of dismissal the Court will set a dispositive motions briefing schedule after the November 9th status report. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/7/2022. (lctnm1) (Entered: 09/07/2022)
2022-09-08Set/Reset Deadlines: Joint Status Report due by 11/9/2022. (ztg) (Entered: 09/08/2022)
2022-11-098Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 11/09/2022)
2022-11-09MINUTE ORDER: The parties are ORDERED to file another status report by January 9, 2023. Alternatively, the parties may file a stipulation of dismissal before that date. If the parties do not file a stipulation of dismissal the Court will set a dispositive motions briefing schedule after the January 9th status report. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/9/2022. (lctnm1) (Entered: 11/09/2022)
2022-11-10Set/Reset Deadlines: Joint Status Report due by 1/9/2023. (hmc) (Entered: 11/10/2022)
2023-01-099Joint STATUS REPORT by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Kingston, Hudson) (Entered: 01/09/2023)
2023-01-09MINUTE ORDER: After considering the parties' 9 Joint Status Report, the Court hereby sets the following briefing schedule: Defendant's Motion for Summary Judgment is due by March 15, 2023. Plaintiff's combined Cross Motion for Summary Judgment and Opposition is due by April 14, 2023. Defendant's combined Opposition and Reply is due by May 5, 2023. Plaintiff's Reply is due by May 19, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/9/2023. (lctnm1) (Entered: 01/09/2023)
2023-01-10Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by March 15, 2023. Plaintiff's combined Cross Motion for Summary Judgment and Opposition due by April 14, 2023. Defendant's combined Opposition and Reply due by May 5, 2023. Plaintiff's Reply due by May 19, 2023. (hmc) (Entered: 01/10/2023)
2023-03-1010MOTION for Extension of Time to File Motion for Summary Judgment and for Adjustment of Remaining Deadlines in Briefing Schedule by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 03/10/2023)
2023-03-10MINUTE ORDER: The Defendant's 10 Motion for Extension of Time is granted. There is "good cause" for an extension because of the medical emergency noted in Defendant's motion. Fed. R. Civ. P. 6(b)(1). Defendant's Motion for Summary Judgment is due by May 16, 2023. Plaintiff's combined Cross Motion for Summary Judgment and Opposition is due by June 16, 2023. Defendant's combined Opposition and Reply is due by July 7, 2023. Plaintiff's Reply is due by July 21, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/10/2023. (lctnm1) (Entered: 03/10/2023)
2023-03-13Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by May 16, 2023. Plaintiff's combined Cross Motion for Summary Judgment and Opposition due by June 16, 2023. Defendant's combined Opposition and Reply due by July 7, 2023. Plaintiff's Reply due by July 21, 2023. (hmc) (Entered: 03/13/2023)
2023-05-1111Joint MOTION for Extension of Time to File Summary Judgment Motions (Joint Motion for Extension of Summary Judgment Briefing Deadlines) by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/11/2023)
2023-05-11MINUTE ORDER: The parties' Joint Motion for Extension of Time is granted. Defendant's Motion for Summary Judgment is due by July 17, 2023. Plaintiff's combined Cross Motion for Summary Judgment and Opposition is due by August 16, 2023. Defendant's combined Opposition and Reply is due by September 7, 2023. Plaintiff's Reply is due by September 21, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/11/2023. (lctnm1) Modified on 5/11/2023 to edit deadline dates (hmc). (Entered: 05/11/2023)
2023-05-11Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by July 17, 2023. Plaintiff's combined Cross Motion for Summary Judgment and Opposition due by August 16, 2023. Defendant's combined Opposition and Reply due by September 7, 2023. Plaintiff's Reply due by September 21, 2023. (hmc) (Entered: 05/11/2023)
2023-07-1112NOTICE of Appearance by Colleen Elizabeth Teubner on behalf of PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Teubner, Colleen) (Entered: 07/11/2023)
2023-07-1113Joint MOTION for Extension of Time to File Summary Judgment Motion (Joint Motion for Extension of Summary Judgment Briefing Deadlines) by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/11/2023)
2023-07-1114NOTICE OF SUBSTITUTION OF COUNSEL by Colleen Elizabeth Teubner on behalf of PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY Substituting for attorney Hudson B. Kingston (Teubner, Colleen) (Entered: 07/11/2023)
2023-07-13MINUTE ORDER: The parties' 13 Joint Motion for Extension of Time is granted. Defendant's Motion for Summary Judgment is due by August 31, 2023. Plaintiff's combined Cross Motion for Summary Judgment and Opposition is due by September 29, 2023. Defendant's combined Opposition and Reply is due by October 19, 2023. And Plaintiff's Reply is due by November 3, 2023. Future extension requests will be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/13/2023. (lctnm1) (Entered: 07/13/2023)
2023-07-14Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by August 31, 2023. Plaintiff's combined Cross Motion for Summary Judgment and Opposition due by September 29, 2023. Defendant's combined Opposition and Reply due by October 19, 2023. Plaintiff's Reply due by November 3, 2023. (hmc) (Entered: 07/14/2023)
2023-08-2415Joint MOTION to Vacate Summary Judgment Briefing Schedule by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 08/24/2023)
2023-08-24MINUTE ORDER: The Court hereby vacates all summary judgment briefing deadlines. The parties shall submit a Joint Status Report by September 29, 2023, unless they submit a stipulation of dismissal before then. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/24/2023. (lctnm1) (Entered: 08/24/2023)
2023-08-24Status Report due by 9/29/2023. (Entered: 08/24/2023)
2023-09-2916Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 09/29/2023)
2023-10-01MINUTE ORDER: The parties shall submit a Joint Status Report by November 16, 2023, unless they submit a stipulation of dismissal before then. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/01/2023. (lctnm1) (Entered: 10/01/2023)
2023-11-1617Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 11/16/2023)
2023-11-16MINUTE ORDER: The parties shall submit a Joint Status Report by December 16, 2023. If the parties have not reached a resolution on the issue of fees and costs by then, they should propose a briefing schedule in that Joint Status Report. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/16/2023. (lctnm1) (Entered: 11/16/2023)
2023-11-2818NOTICE of Acceptance with Offer of Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Simon, Jeremy) (Entered: 11/28/2023)
2023-11-2819STIPULATION of Dismissal by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 11/28/2023)
2023-11-28MINUTE ORDER: Having considered the parties' 19 Joint Stipulation of Dismissal, and pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Court ORDERS that this matter is DISMISSED WITH PREJUDICE. All outstanding deadlines are hereby VACATED. The Clerk of Court is requested to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/28/2023. (lctnm1) (Entered: 11/28/2023)
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