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Case TitleCENTER FOR WATER SECURITY AND COOPERATION v. U.S. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02529
Date Filed2023-08-29
Date ClosedOpen
JudgeJudge Loren L. AliKhan
PlaintiffCENTER FOR WATER SECURITY AND COOPERATION
Case DescriptionThe Center for Water Security and Cooperation submitted a FOIA request to the EPA for records concerning its decisions to allow seven municipalities to disregard their obligations under the Clean Water Act for years. The agency acknowledged receipt of the request. The agency denied most of the request under Exemption 5 (privileges) and Exemption 7(A) (interference with ongoing investigation or proceeding). CWSC filed an administrative appeal. The agency ruled in favor of CWSC, which resulted in disclosure of 1,048 additional pages. Believing that the agency had not disclosed all responsive records, CWSC filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-291COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against U.S. ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 402 receipt number ADCDC-10312691) filed by CENTER FOR WATER SECURITY AND COOPERATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Savage, Justin) (Entered: 08/29/2023)
2023-08-292LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR WATER SECURITY AND COOPERATION (Savage, Justin) (Entered: 08/29/2023)
2023-08-293MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Maureen M. Crough, Filing fee $ 100, receipt number ADCDC-10312793. Fee Status: Fee Paid. by CENTER FOR WATER SECURITY AND COOPERATION. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing)(Savage, Justin) (Entered: 08/29/2023)
2023-08-294MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nicholas James Maggipinto, Filing fee $ 100, receipt number ADCDC-10312803. Fee Status: Fee Paid. by CENTER FOR WATER SECURITY AND COOPERATION. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing)(Savage, Justin) (Entered: 08/29/2023)
2023-08-295MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Henry Visser Melville, Filing fee $ 100, receipt number ADCDC-10312809. Fee Status: Fee Paid. by CENTER FOR WATER SECURITY AND COOPERATION. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing)(Savage, Justin) (Entered: 08/29/2023)
2023-08-30Case Assigned to Judge Amit P. Mehta. (zsl) (Entered: 08/30/2023)
2023-08-306SUMMONS (1) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachment: # 1 Notice and Consent)(zsl) (Entered: 08/30/2023)
2023-08-30NOTICE OF ERROR re 1 Complaint; emailed to jsavage@sidley.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zsl, ) (Entered: 08/30/2023)
2023-08-307REQUEST FOR SUMMONS TO ISSUE to US Attorney General and US Attorney for the District of Columbia filed by CENTER FOR WATER SECURITY AND COOPERATION. (Attachments: # 1 Summons)(Savage, Justin) (Entered: 08/30/2023)
2023-08-30MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice. Attorney Maureen M. Crough 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 08/30/2023. (lcapm1) (Entered: 08/30/2023)
2023-08-30MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice. Attorney Nicholas James Maggipinto 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 08/30/2023. (lcapm1) (Entered: 08/30/2023)
2023-08-30MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Attorney Henry Visser Melville 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 08/30/2023. (lcapm1) (Entered: 08/30/2023)
2023-08-318SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General. (zed) (Entered: 08/31/2023)
2023-09-069NOTICE of Appearance by Maureen M. Crough on behalf of CENTER FOR WATER SECURITY AND COOPERATION (Crough, Maureen) (Entered: 09/06/2023)
2023-09-0610NOTICE of Appearance by Henry Visser Melville on behalf of CENTER FOR WATER SECURITY AND COOPERATION (Melville, Henry) (Entered: 09/06/2023)
2023-09-0611NOTICE of Appearance by Nicholas James Maggipinto on behalf of CENTER FOR WATER SECURITY AND COOPERATION (Maggipinto, Nicholas) (Entered: 09/06/2023)
2023-09-2012RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ENVIRONMENTAL PROTECTION AGENCY served on 9/20/2023 (Crough, Maureen) (Entered: 09/20/2023)
2023-09-2013ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 9/6/2023. Answer due for ALL D.C. DEFENDANTS by 9/27/2023. (Crough, Maureen) Modified on 9/21/2023 (zed). (Entered: 09/20/2023)
2023-09-21NOTICE OF ERROR regarding 13 Summons Returned Executed as to DC Attorney General,. The following error(s) need correction: Incorrect event. Please refile. (zed) (Entered: 09/21/2023)
2023-09-2214RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/6/2023. Answer due for ALL FEDERAL DEFENDANTS by 10/6/2023. (Crough, Maureen) (Entered: 09/22/2023)
2023-10-0615ANSWER to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Simon, Jeremy) (Entered: 10/06/2023)
2023-10-1016ORDER. The parties shall meet and confer and file a Joint Status Report on or before October 24, 2023. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 10/10/2023. (lcapm1) (Entered: 10/10/2023)
2023-10-1017AFFIDAVIT of Mailing Summons and Complaint on United States Attorney General. (Crough, Maureen) Modified event on 10/12/2023 (mg). (Entered: 10/10/2023)
2023-10-2418NOTICE of Appearance by Laura Craig on behalf of CENTER FOR WATER SECURITY AND COOPERATION (Craig, Laura) (Entered: 10/24/2023)
2023-10-2419Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 10/24/2023)
2023-10-2420Amended STATUS REPORT by CENTER FOR WATER SECURITY AND COOPERATION. (Craig, Laura) (Entered: 10/24/2023)
2023-11-06MINUTE ORDER. The parties shall file an additional Joint Status Report on or before November 29, 2023, which updates the court on the processing and production of responsive records. The court deems it unnecessary to set a deadline for the supplemental search, and it is premature to set a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 11/6/2023. (lcapm1) (Entered: 11/06/2023)
2023-11-2921Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 11/29/2023)
2023-12-01MINUTE ORDER. The parties shall file an additional Joint Status Report by February 1, 2024, updating the court on the processing and production of responsive records. Defendant shall process potentially responsive records at a rate of 500 documents per month. The court may impose a firm deadline on production if Defendant fails to meet the monthly processing rate. A summary judgment schedule is premature at this juncture. Signed by Judge Amit P. Mehta on 12/01/2023. (lcapm1) (Entered: 12/01/2023)
2023-12-0122NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTER FOR WATER SECURITY AND COOPERATION. Attorney Nicholas James Maggipinto terminated. (Maggipinto, Nicholas) (Entered: 12/01/2023)
2023-12-18Case directly reassigned to Judge Loren L. Alikhan. Judge Amit P. Mehta is no longer assigned to the case. (rj) (Entered: 12/18/2023)
2024-02-0123Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 02/01/2024)
2024-02-02MINUTE ORDER: In light of the parties' joint status report 23 , it is ORDERED that the parties shall file a joint status report on or before April 1, 2024, updating the court on the processing and production of responsive records. As the court made clear in its December 1, 2023 minute order, the court may impose a firm deadline on production if Defendant fails to meet the monthly processing rate of 500 per month. Signed by Judge Loren L. AliKhan on 02/02/2024. (lclla3) (Entered: 02/02/2024)
2024-02-02Set/Reset Deadlines/Hearings: Joint Status Report due by 4/1/2024. (zcdw) (Entered: 02/02/2024)
2024-04-0124Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 04/01/2024)
2024-04-02MINUTE ORDER: In light of the parties' joint status report 24 , it is ORDERED that the parties shall file a joint status report on or before June 6, 2024, updating the court on the processing and production of responsive records. If Defendant has completed its production by that time, as it anticipates it will, the parties should set a date to meet and confer to narrow any areas of dispute and propose a schedule to govern summary judgment briefing. Signed by Judge Loren L. AliKhan on 04/02/2024. (lclla3) (Entered: 04/02/2024)
2024-04-02Set/Reset Deadlines/Hearings: Joint Status Report due by 6/6/2024. (zcdw) (Entered: 04/02/2024)
2024-05-0325NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTER FOR WATER SECURITY AND COOPERATION. Attorney Laura Craig terminated. (Craig, Laura) (Entered: 05/03/2024)
2024-06-0626Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 06/06/2024)
2024-06-10MINUTE ORDER: Upon consideration of the parties' joint status report 26 , it is hereby ORDERED that the parties shall file a joint status report proposing a schedule for summary judgment briefing on or before July 17, 2024. Signed by Judge Loren L. AliKhan on 06/10/2024. (lclla3) (Entered: 06/10/2024)
2024-07-1727Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 07/17/2024)
2024-07-18MINUTE ORDER: Upon consideration of the parties' joint status report 27 , it is hereby ORDERED that the parties shall file another joint status report on or before August 23, 2024. Unless the parties propose an alternative course of action in that report, the following schedule shall govern summary judgment briefing in this case: (1) Defendant shall file a motion for summary judgment on or before October 22, 2024; (2) Plaintiff shall file its cross-motion for summary judgment on or before November 22, 2024; (3) Defendant shall file a reply and opposition, if any, on or before December 19, 2024; (4) Plaintiff shall file a reply, if any, on or before January 17, 2025. Signed by Judge Loren L. AliKhan on 07/18/2024. (lclla3) (Entered: 07/18/2024)
2024-08-2228Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 08/22/2024)
2024-08-23MINUTE ORDER: In light of the parties' joint status report 28 , it is hereby ORDERED that the parties shall file another joint status report on or before September 17, 2024. It is further ORDERED that the following schedule shall govern summary judgment briefing in this case: (1) Defendant shall file a motion for summary judgment on or before November 14, 2024; (2) Plaintiff shall file its opposition and cross-motion for summary judgment on or before December 17, 2024; (3) Defendant shall file its reply, if any, and opposition to Plaintiff's motion on or before January 15, 2025; (4) Plaintiff shall file a reply, if any, on or before February 5, 2025. Signed by Judge Loren L. AliKhan on 08/23/2024. (lclla3) (Entered: 08/23/2024)
2024-08-26Set/Reset Deadlines/Hearings: Joint Status Report due by 9/17/2024. Defendant's Summary Judgment motion due by 11/14/2024. Response to Motion for Summary Judgment due by 12/17/2024. Reply to Motion for Summary Judgment due by 1/15/2025. Plaintiff's Cross Motion due by 12/17/2024. Response to Cross Motion due by 1/15/2025. Reply to Cross Motion due by 2/5/2025. (zcdw) (Entered: 08/26/2024)
2024-09-1729Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 09/17/2024)
2024-09-17MINUTE ORDER: Upon consideration of the parties' Joint Status Report 29 , it is hereby ORDERED that the following schedule shall govern summary judgment briefing in this case: (1) Defendant shall file a motion for summary judgment on or before December 9, 2024; (2) Plaintiff shall file its opposition and cross-motion for summary judgment on or before January 10, 2025; (3) Defendant shall file a reply and opposition on or before February 10, 2025; and (4) Plaintiff shall file a reply on or before March 3, 2025. It is further ORDERED that the parties shall submit a joint status report on or before October 10, 2024, updating the court on the status of the proceedings. Signed by Judge Loren L. AliKhan on 09/17/2024. (lclla3) (Entered: 09/17/2024)
2024-09-18Set/Reset Deadlines/Hearings: Joint Status Report due by 10/10/2024. Defendant's Summary Judgment motion due by 12/9/2024. Response to Motion for Summary Judgment due by 1/10/2025. Reply to Motion for Summary Judgment due by 2/10/2025. Plaintiff's Cross Motion due by 1/10/2025. Response to Cross Motion due by 2/10/2025. Reply to Cross Motion due by 3/3/2025. (zcdw) (Entered: 09/18/2024)
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