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Case TitleSouthern Environmental Law Center v. Tennessee Valley Authority
DistrictEastern District of Tennessee
CityKnoxville
Case Number3:2024cv00097
Date Filed2024-02-29
Date ClosedOpen
JudgeDistrict Judge Thomas A Varlan
PlaintiffSouthern Environmental Law Center
Case DescriptionSouthern Environmental Law Center submitted three FOIA requests to the Tennessee Valley Authority for records concerning EPA's cooperation with TVA on the draft environmental impact statement for the Cumberland Fossil Plant Retirement. The agency acknowledged receipt of the requests. The agency acknowledged receipt of the requests but after hearing nothing from the agency, SELC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantTennessee Valley Authority
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-02-291COMPLAINT against Tennessee Valley Authority ( Filing fee $ 405 receipt number ATNEDC-5610236.), filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1 2022.12.22 FOIA to TVA re Cumberland FEIS, # 2 Exhibit 2 Daniel Metzger Track 3 23-FOI-00039, # 3 Exhibit 3 2023.03.15 Cumberland Fossil Plant Retirement EIS Records, # 4 Exhibit 4 2023.03.16 Email from TVA to T. Bussey re Acknowledgment, # 5 Exhibit 5 Trey Bussey Track 3 23-FOI-00096, # 6 Exhibit 6 2023.07.17 Email from T. Bussey to TVA re Follow-up, # 7 Exhibit 7 2023.08.04 Email from T. Bussey to TVA re Narrowing Request, # 8 Exhibit 8 2023.11.30 Email from TVA to T. Bussey re Follow-up, # 9 Exhibit 9 2023.04.20 FOIA re TVA-Concentric Agreement, # 10 Exhibit 10 Trey Bussey Track 3 23-FOI-00112, # 11 Exhibit 11 2023.11.30 Email from T. Bussey to TVA re Update, # 12 Corporate Disclosure Statement, # 13 Civil Cover Sheet, # 14 Summons TVA CEO Lyash, # 15 Summons U.S. Attorney Hamilton, # 16 Summons U.S. Attorney General Garland)(Buppert, Gregory) (Entered: 02/29/2024)
2024-02-29District Judge Thomas A Varlan and Magistrate Judge Jill E McCook added. (LCK) (Entered: 02/29/2024)
2024-02-292Administrative Notice to Counsel 1 Complaint: Certificate of Corporate Interest needs to be filed as a separate document. (Requirements due by 3/5/2024 ). (LCK) (Entered: 02/29/2024)
2024-02-293NOTICE of Deficiency (Pro Hac): Attorney Carroll Courtenay is not admitted (See LR 83.5). This matter will be referred to a magistrate judge if a pro hac motion is not filed within 15 days of this Notice. (Copy of Notice mailed to Attorney C. Courtenay). (LCK) (Entered: 02/29/2024)
2024-02-294Summons Issued as to Tennessee Valley Authority, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons Attorney General, # 2 Summons United States Attorney)(LCK) (Entered: 02/29/2024)
2024-02-295Order Governing Depositions. Signed by District Judge Thomas A Varlan on 2/29/2024. (Copy of Order mailed to Attorney C. Courtenay). (LCK) (Entered: 02/29/2024)
2024-02-296Order Governing Motions To Dismiss. Signed by District Judge Thomas A Varlan on 2/29/2024. (Copy of Order mailed to Attorney C. Courtenay). (LCK) (Entered: 02/29/2024)
2024-02-297Order Governing Sealing Confidential Information. Signed by District Judge Thomas A Varlan on 2/29/2024. (Copy of Order mailed to Attorney C. Courtenay). (LCK) (Entered: 02/29/2024)
2024-02-298Certificate of Corporate Interest by Southern Environmental Law Center. (Buppert, Gregory) (Entered: 02/29/2024)
2024-03-019ORDER OF RECUSAL - Signed by Magistrate Judge Jill E McCook on 3/01/2024. (KMK) Modified on 3/1/2024 (KMK): copy mailed to Carroll Courtenay (Entered: 03/01/2024)
2024-03-0410ORDER REASSIGNING CASE. Magistrate Judge Jill E McCook no longer assigned to case, Case reassigned to Magistrate Judge Debra C Poplin for all further proceedings. Signed by District Judge Travis R McDonough on March 4, 2024. (SAC) Modified on 3/4/2024, Order mailed to Carroll Courtenay Southern Environmental Law Center (Charlottesville) 120 Garrett Street Suite 400 Charlottesville, VA 22902 (SAC). (Entered: 03/04/2024)
2024-03-1111MOTION for Carroll Courtenay to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #300003414.) by Southern Environmental Law Center. (ABF) (Entered: 03/11/2024)
2024-03-11Clerk's Verification of PHV Requirements is complete regarding document: 11 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Southern Environmental Law Center (ABF) (Entered: 03/11/2024)
2024-03-1212ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf . Signed by Magistrate Judge Debra C. Poplin on 03/12/2024. This entry constitutes the complete Order of the Court. (HSN) Modified on 3/12/2024 to indicate c/m to Carroll Courtenay (ABF). (Entered: 03/12/2024)
2024-03-1513AFFIDAVIT of Service for Summons and Complaint served on Jeffrey J. Lyash, Chief Executive Officer on 03/03/2024, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1 - Proof of Service by U.S. Mail)(Courtenay, Carroll) (Entered: 03/15/2024)
2024-03-1514AFFIDAVIT of Service for Summons and Complaint served on U.S. Attorney Francis M. (Trey) Hamilton on 03/05/2024, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1 - Proof of Service by U.S. Mail)(Courtenay, Carroll) (Entered: 03/15/2024)
2024-03-2015AFFIDAVIT of Service for Summons and Complaint served on Jeffrey J. Lyash, Chief Executive Officer on 03/03/2024, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1 - Proof of Service by U.S. Mail)(Courtenay, Carroll) (Entered: 03/20/2024)
2024-03-2016AFFIDAVIT of Service for Summons and Complaint served on U.S. Attorney Francis M. (Trey) Hamilton III on 03/05/2024, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1 - Proof of Service by U.S. Mail)(Courtenay, Carroll) (Entered: 03/20/2024)
2024-03-2017AFFIDAVIT of Service for Summons and Complaint served on Merrick Garland, U.S. Attorney General on 03/07/2024, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1 - Proof of Service by U.S. Mail)(Courtenay, Carroll) (Entered: 03/20/2024)
2024-04-0818ANSWER to 1 Complaint,,,, by Tennessee Valley Authority. (Attachments: # 1 Exhibit March 14, 2024 TVA Response, # 2 Exhibit April 3, 2024 TVA Response)(Chin, Steven) (Entered: 04/08/2024)
2024-04-0819MOTION to Dismiss for Lack of Jurisdiction Counts One and Three of the Complaint by Tennessee Valley Authority. (Chin, Steven) (Entered: 04/08/2024)
2024-04-0820MEMORANDUM in Support of Motion re 19 MOTION to Dismiss for Lack of Jurisdiction Counts One and Three of the Complaint filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 04/08/2024)
2024-04-0821ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Thomas A Varlan on 4/8/2024. (MKM) (Entered: 04/08/2024)
2024-04-1722SCHEDULING ORDER: Bench Trial set for 9/30/2025 09:00 AM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan. Final Pretrial Conference set for 9/23/2025 11:00 AM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan.Signed by District Judge Thomas A Varlan on 4/17/24. (ABF) (Entered: 04/17/2024)
2024-04-1923NOTICE of Appearance by David D Ayliffe on behalf of Tennessee Valley Authority (Ayliffe, David) (Entered: 04/19/2024)
2024-04-1924NOTICE of Appearance by Sydney D Nenni on behalf of Tennessee Valley Authority (Nenni, Sydney) (Entered: 04/19/2024)
2024-04-2925RESPONSE to Motion re 19 MOTION to Dismiss for Lack of Jurisdiction Counts One and Three of the Complaint filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1 - Appendix P, # 2 Exhibit 2 - Contract Docs)(Courtenay, Carroll) (Entered: 04/29/2024)
2024-04-3026REPORT of Rule 26(f) Planning Meeting. (Courtenay, Carroll) (Entered: 04/30/2024)
2024-04-3027NOTICE OF NONCONSENT filed by Southern Environmental Law Center (Courtenay, Carroll) (Entered: 04/30/2024)
2024-05-0628REPLY to Response to Motion re 19 MOTION to Dismiss for Lack of Jurisdiction Counts One and Three of the Complaint filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 05/06/2024)
2024-07-0329LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to 19 MOTION to Dismiss for Lack of Jurisdiction Counts One and Three of the Complaint in Support of Response in Opposition to TVA's Motion to Dismiss by Southern Environmental Law Center filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1 - Opinion)(Courtenay, Carroll) (Entered: 07/03/2024)
2024-07-1030RESPONSE TO LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to 29 Local Rule 7.1(d) Supplemental Brief, by Tennessee Valley Authority filed by Tennessee Valley Authority. (Attachments: # 1 Exhibit SELC Filing of Administrative Appeal)(Chin, Steven) (Entered: 07/10/2024)
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