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Case TitleHERITAGE FOUNDATION et al v. U.S. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00748
Date Filed2023-03-20
Date Closed2024-04-26
JudgeChief Judge James E. Boasberg
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionThe Heritage Foundation submitted a FOIA request to the EPA for records concerning its response to the train derailment in East Palestine, Ohio that caused spillage of toxic chemicals. The Heritage Foundation also requested expedited processing. The agency acknowledged receipt of the request. The agency denied the Heritage Foundation's request for expedited processing. The Heritage Foundation filed an administrative appeal of the denial of its request for expedited processing. After hearing nothing further from the agency, the Heritage Foundation filed suit.
Complaint issues: Expedited processing, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
AppealD.C. Circuit 23-5086
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
Complaint attachment 10
Opinion/Order [9]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-201COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 402 receipt number ADCDC-9940493) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6)(Dewey, Samuel) (Entered: 03/20/2023)
2023-03-21Case Assigned to Chief Judge James E. Boasberg. (zsl) (Entered: 03/21/2023)
2023-03-212SUMMONS (3) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 03/21/2023)
2023-03-233NOTICE of Appearance by Elizabeth Murray Tulis on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (Tulis, Elizabeth) (Entered: 03/23/2023)
2023-03-274MOTION for Preliminary Injunction by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Samuel Everett Dewey, # 4 Exhibit Dewey Decl. Ex 1, # 5 Exhibit Dewey Decl. Ex. 2)(Dewey, Samuel) (Entered: 03/27/2023)
2023-04-035Memorandum in opposition to re 4 Motion for Preliminary Injunction, filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Declaration of Timothy R. Epp, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Tulis, Elizabeth) (Entered: 04/03/2023)
2023-04-04MINUTE ORDER: With the consent of the parties, the Court ORDERS that a hearing on Plaintiffs' 4 Motion is set for April 17, 2023, at 11:00 a.m., by Zoom. So ORDERED by Chief Judge James E. Boasberg on 4/4/2023. (lcjeb3) (Entered: 04/04/2023)
2023-04-04Set/Reset Hearings: Motion Hearing set for 4/17/2023 at 11:00 AM in Telephonic/VTC before Chief Judge James E. Boasberg. (nbn) (Entered: 04/04/2023)
2023-04-106REPLY to opposition to motion re 4 MOTION for Preliminary Injunction filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 04/10/2023)
2023-04-117DECLARATION of Samuel Everett Dewey by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 04/11/2023)
2023-04-148ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Plaintiffs' 4 Motion for Preliminary Injunction is DENIED; and 2) The hearing set for April 17, 2023, is VACATED. Signed by Chief Judge James E. Boasberg on 4/14/2023. (lcjeb3) (Entered: 04/14/2023)
2023-04-149MEMORANDUM OPINION re. 8 Order on Motion for Preliminary Injunction. Signed by Chief Judge James E. Boasberg on 4/14/2023. (lcjeb3) (Entered: 04/14/2023)
2023-04-2010ANSWER to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Tulis, Elizabeth) (Entered: 04/20/2023)
2023-04-21MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by May 4, 2023. So ORDERED by Chief Judge James E. Boasberg on 4/21/2023. (lcjeb4) (Entered: 04/21/2023)
2023-04-21Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 5/4/2023. (nbn) (Entered: 04/21/2023)
2023-04-2111NOTICE OF INTERLOCUTORY APPEAL as to 8 Order on Motion for Preliminary Injunction, 9 Memorandum & Opinion by HERITAGE FOUNDATION, MIKE HOWELL. Filing fee $ 505, receipt number ADCDC-10017729. Fee Status: Fee Paid. Parties have been notified. (Dewey, Samuel) (Entered: 04/21/2023)
2023-04-2412Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re 11 Notice of Interlocutory Appeal. (znmw) (Entered: 04/24/2023)
2023-04-25USCA Case Number 23-5086 for 11 Notice of Interlocutory Appeal, filed by HERITAGE FOUNDATION, MIKE HOWELL. (znmw) (Entered: 04/25/2023)
2023-05-0413Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Tulis, Elizabeth) (Entered: 05/04/2023)
2023-05-04MINUTE ORDER: The Court ADOPTS the parties' 13 Joint Status Report and ORDERS that in the absence of a stay: (1) Plaintiffs shall file their Motion for Summary Judgment by June 1, 2023; (2) Defendant shall file its Cross-Motion for Summary Judgment and Opposition to Plaintiffs' Motion by June 29, 2023; (3) Plaintiffs shall file their Opposition and Reply by July 27, 2023; and (4) Defendant shall file its Reply by August 10, 2023. So ORDERED by Chief Judge James E. Boasberg on 5/4/2023. (lcjeb4) (Entered: 05/04/2023)
2023-05-05Set/Reset Deadlines: Summary Judgment motions due by 6/1/2023. Response to Motion for Summary Judgment due by 6/29/2023. Reply to Motion for Summary Judgment due by 7/27/2023. Replies due by 8/10/2023. (lsj) (Entered: 05/05/2023)
2023-05-1114AMENDED COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY filed by HERITAGE FOUNDATION, MIKE HOWELL.(Dewey, Samuel) (Entered: 05/11/2023)
2023-05-2215MOTION to Stay Summary Judgement Briefing on Count III by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 05/22/2023)
2023-05-2316MINUTE ORDER: The Court ORDERS that: 1) Plaintiffs' 15 Motion for Stay is GRANTED; 2) The case is STAYED until further Order of the Court; and 3) The parties shall submit a Joint Status Report within 7 days after the issuance of the Mandate regarding Plaintiffs' appeal. So ORDERED by Chief Judge James E. Boasberg on 5/23/2023. (lcjeb4) (Entered: 05/23/2023)
2023-05-23Case Stayed until further Order of the Court. (nbn) (Entered: 05/23/2023)
2023-05-2517ANSWER to 14 Amended Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Tulis, Elizabeth) (Entered: 05/25/2023)
2023-11-1718ORDER of USCA as to 11 Notice of Interlocutory Appeal, filed by HERITAGE FOUNDATION, MIKE HOWELL; case is dismissed, no mandate will issue. USCA Case Number 23-5086. (znmw) (Entered: 11/17/2023)
2023-11-2119Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Tulis, Elizabeth) (Entered: 11/21/2023)
2023-11-21MINUTE ORDER: The Court ADOPTS the parties' 19 Joint Status Report and ORDERS that they shall file a further joint status report by February 16, 2024. So ORDERED by Chief Judge James E. Boasberg on 11/21/2023. (lcjeb3) (Entered: 11/21/2023)
2023-11-21Set/Reset Deadlines: Joint Status Report due by 2/16/2024. (znbn) (Entered: 11/21/2023)
2024-02-1620Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Tulis, Elizabeth) (Entered: 02/16/2024)
2024-02-16MINUTE ORDER: The Court ADOPTS the parties' 20 Joint Status Report and ORDERS that they shall file a further joint status report by April 16, 2024. So ORDERED by Chief Judge James E. Boasberg on 2/16/2024. (lcjeb4) (Entered: 02/16/2024)
2024-02-16Set/Reset Deadlines: Status Report due by 4/16/2024. (znbn) (Entered: 02/20/2024)
2024-04-1621Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Tulis, Elizabeth) (Entered: 04/16/2024)
2024-04-16MINUTE ORDER: Given the parties' 21 Joint Status Report, the Court ORDERS that they shall file a Stipulation of Dismissal or a further joint status report by April 30, 2024. So ORDERED by Chief Judge James E. Boasberg on 4/16/2024. (lcjeb4) (Entered: 04/16/2024)
2024-04-16Set/Reset Deadlines: Joint Status Report due by 4/30/2024. (znbn) (Entered: 04/17/2024)
2024-04-2622NOTICE of Voluntary Dismissal by All Plaintiffs (Dewey, Samuel) (Entered: 04/26/2024)
2024-04-26MINUTE ORDER: Per the parties' 22 Stipulation, the Court ORDERS that the case is DISMISSED WITH PREJUDICE. So ORDERED by Chief Judge James E. Boasberg on 4/26/2024. (lcjeb4) (Entered: 04/26/2024)
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