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Case TitlePOWER THE FUTURE v. ENVIRONMENTAL PROTECTION AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02178
Date Filed2023-07-27
Date Closed2024-05-31
JudgeJudge Trevor N. McFadden
PlaintiffPOWER THE FUTURE
Case DescriptionPower the Future submitted two FOIA requests to the EPA for records concerning certain described email communications between three named EPA Region VIII political appointees and eight named email domains of environmental pressure groups and/or commercial interests. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Power the Future filed suit.
Complaint issues: Fees, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantENVIRONMENTAL 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

2023-07-271COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 402 receipt number ADCDC-10235680) filed by POWER THE FUTURE. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Civil Cover Sheet)(Hardin, Matthew) (Entered: 07/27/2023)
2023-07-27Case Assigned to Judge Trevor N. McFadden. (zsl) (Entered: 07/27/2023)
2023-07-272SUMMONS (3) Issued Electronically as to ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 07/27/2023)
2023-07-273STANDING 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 7/27/2023. (lctnm3) (Entered: 07/27/2023)
2023-07-314NOTICE of Appearance by Christopher Cochran Horner on behalf of POWER THE FUTURE (Horner, Christopher) (Entered: 07/31/2023)
2023-08-215NOTICE of Appearance by B. Kathryn Debrason on behalf of ENVIRONMENTAL PROTECTION AGENCY (Debrason, B.) (Entered: 08/21/2023)
2023-08-266ANSWER to Complaint by ENVIRONMENTAL PROTECTION AGENCY.(znmw) (Entered: 08/28/2023)
2023-09-01MINUTE ORDER: Before the Court are a Complaint and Answer in this FOIA case. It is hereby ORDERED that the parties meet and confer and that they then file a Joint Status Report proposing a schedule for proceeding in this matter. That JSR 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 JSR on or before September 29, 2023. Signed by Judge Trevor N. McFadden on 9/1/2023. (lctnm3) (Entered: 09/01/2023)
2023-09-297Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 09/29/2023)
2023-09-30MINUTE ORDER: Having considered the parties' 7 Joint Status Report, the Court ORDERS the parties to submit a new JSR on or before November 28, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/30/2023. (lctnm3) (Entered: 09/30/2023)
2023-10-188NOTICE of Appearance by Kaitlin Kerry Eckrote on behalf of ENVIRONMENTAL PROTECTION AGENCY (Eckrote, Kaitlin) (Entered: 10/18/2023)
2023-11-289Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Eckrote, Kaitlin) (Entered: 11/28/2023)
2023-11-29MINUTE ORDER: The Court ORDERS the parties to file a further Joint Status Report on or before January 29, 2024, updating the Court on the status of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/29/2023. (lctnm3) (Entered: 11/29/2023)
2024-01-2910MOTION for Extension of Time to File Joint Status Report by POWER THE FUTURE. (Hardin, Matthew) (Entered: 01/29/2024)
2024-01-2911Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Debrason, B.) (Entered: 01/29/2024)
2024-01-30MINUTE ORDER: Upon consideration of the parties' 11 Joint Status Report, the Court ORDERS the parties to file another report by March 29, 2024. If the parties have not filed a joint stipulation of dismissal by that date, the report shall propose a briefing schedule to resolve any outstanding issues. The Court DENIES AS MOOT Plaintiff's 10 Motion for Extension of Time to file a Joint Status Report. SO ORDERED. Signed by Judge Trevor N. McFadden on 01/30/2024. (lctnm1) (Entered: 01/30/2024)
2024-03-2912Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Debrason, B.) (Entered: 03/29/2024)
2024-04-02MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, the Court ORDERS the parties to file another JSR on or before May 29, 2024. If the parties execute their settlement agreement before that time, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/1/2024. (lctnm3) (Entered: 04/02/2024)
2024-04-2613NOTICE OF SUBSTITUTION OF COUNSEL by Joshua Ontell on behalf of ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney B. Kathryn Debrason (Ontell, Joshua) (Entered: 04/26/2024)
2024-05-2914Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Ontell, Joshua) (Entered: 05/29/2024)
2024-05-29MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, the Court ORDERS the parties to file another JSR on or before July 9, 2024. If the parties execute their settlement agreement before that time, they shall promptly inform the Court. SO ORDERED . Signed by Judge Trevor N. McFadden on 5/29/2024. (lctnm3) (Entered: 05/29/2024)
2024-05-3015STIPULATION of Dismissal with Prejudice by ENVIRONMENTAL PROTECTION AGENCY. (Ontell, Joshua) (Entered: 05/30/2024)
2024-05-31MINUTE ORDER: In light of the parties' 15 Stipulation of Dismissal, the Court ORDERS that this case is DISMISSED WITH PREJUDICE . Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case. SO ORDERED . Signed by Judge Trevor N. McFadden on 5/30/2024. (lctnm3) (Entered: 05/31/2024)
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