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Case TitleSouthern Environmental Law Center v. Tennessee Valley Authority (JRG3)
DistrictEastern District of Tennessee
CityKnoxville
Case Number3:2024cv00110
Date Filed2024-03-07
Date ClosedOpen
JudgeDistrict Judge J Ronnie Greer
PlaintiffSouthern Environmental Law Center
Case DescriptionSouthern Environmental Law Center submitted a FOIA request to the Tennessee Valley Authority for records concerning communications with various companies related to possible energy or gas infrastructure projects. The agency acknowledged receipt of the request and told SELC that it was processing the request. After hearing nothing further 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
DefendantPlaintiff
DefendantTennessee Gas Pipeline Company, LLC
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
Opinion/Order [28]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-03-071COMPLAINT against Tennessee Valley Authority ( Filing fee $ 405 receipt number ATNEDC-5617148.), filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1_7.7.23 Initial FOIA Request, # 2 Exhibit 2_7.20.23 Email from TVA to T. Bussey, # 3 Exhibit 3_8.4.23 Interim Response Letter, # 4 Exhibit 4_November 2023 Email Correspondence Between TVA and T. Bussey, # 5 Exhibit 5_12.13.23 Email from T. Bussey to TVA, # 6 Civil Cover Sheet, # 7 Summons TVA CEO J. Lyash, # 8 Summons US Attorney F. Hamilton, # 9 Summons US Attorney General M. Garland)(Buppert, Gregory) (Entered: 03/07/2024)
2024-03-072Certificate of Corporate Interest by Southern Environmental Law Center. (Buppert, Gregory) (Entered: 03/07/2024)
2024-03-08District Judge J Ronnie Greer and Magistrate Judge Jill E McCook added. (ABF) (Entered: 03/08/2024)
2024-03-083NOTICE of Deficiency (Pro Hac) to Christina Libre: Attorney 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. A form motion can be found here: https://www.tned.uscourts.gov/forms/motion-admission-pro-hac-vice (c/m to Christina Libre, Southern Environmental Law Center (Charlottesville), 120 Garrett Street, Suite 400, Charlottesville, VA 22902) (ABF) (Entered: 03/08/2024)
2024-03-084Summons Issued as to Tennessee Valley Authority, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons U.S. Attorney, # 2 Summons U.S. Attorney General)(ABF) (Entered: 03/08/2024)
2024-03-085Order Governing Depositions. Signed by District Judge J Ronnie Greer on 3/8/24. (ABF) (Entered: 03/08/2024)
2024-03-086Order Governing Motions To Dismiss. Signed by District Judge J Ronnie Greer on 3/8/24. (ABF) (Entered: 03/08/2024)
2024-03-087Order Governing Sealing Confidential Information. Signed by District Judge J Ronnie Greer on 3/8/24. (ABF) (Entered: 03/08/2024)
2024-03-118ORDER OF RECUSAL.Signed by Magistrate Judge Jill E McCook on 3/11/24. (ABF) (Entered: 03/11/2024)
2024-03-149MOTION for Christina Libre to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #300003443.) by Southern Environmental Law Center. (ABF) (Entered: 03/15/2024)
2024-03-15Clerk's Verification of PHV Requirements is complete regarding document: 9 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Southern Environmental Law Center (ABF) (Entered: 03/15/2024)
2024-03-1810ORDER 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 3/18/2024. (AWS) Modified on 3/18/2024 Mailed to Christina Libre. (AWS) (Entered: 03/18/2024)
2024-03-1911ORDER granting 9 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 03/19/2024. This entry constitutes the complete Order of the Court. (HSN) Modified on 3/20/2024 to indicate c/m to Christina Libre, Southern Environmental Law Center (Charlottesville), 120 Garrett Street, Suite 400, Charlottesville, VA 22902 (ABF). (Entered: 03/19/2024)
2024-03-2512AFFIDAVIT of Service for Complaint served on Jeffrey J. Lyash, Chief Executive Officer, Tennessee Valley Authority on March 13, 2024, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit Certified Mail Return for TVA CEO J. Lyash)(Libre, Christina) (Entered: 03/25/2024)
2024-03-2513AFFIDAVIT of Service for Complaint served on Francis M. (Trey) Hamilton III, United States Attorney, Eastern District of Tennessee on March 13, 2024, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit Certified Mail Return for U.S. Attorney F. Hamilton)(Libre, Christina) (Entered: 03/25/2024)
2024-03-2614AFFIDAVIT of Service for Complaint served on Merrick Garland, Attorney General of the United States on March 15, 2024, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit Certified Mail Return for Attorney General of the United States, Merrick Garland)(Libre, Christina) (Entered: 03/26/2024)
2024-04-1515ANSWER to 1 Complaint,, by Tennessee Valley Authority. (Attachments: # 1 Exhibit April 12, 2024 TVA Response)(Chin, Steven) (Entered: 04/15/2024)
2024-04-1516MOTION to Dismiss for Lack of Jurisdiction by Tennessee Valley Authority. (Chin, Steven) (Entered: 04/15/2024)
2024-04-1517ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge J Ronnie Greer on 4/15/24. (Attachments: # 1 Other Notice of Consent/Non-Consent) (ABF) (Entered: 04/15/2024)
2024-04-1518MEMORANDUM in Support of Motion re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 04/15/2024)
2024-04-1919NOTICE of Appearance by David D Ayliffe on behalf of Tennessee Valley Authority (Ayliffe, David) (Entered: 04/19/2024)
2024-04-1920NOTICE of Appearance by Sydney D Nenni on behalf of Tennessee Valley Authority (Nenni, Sydney) (Entered: 04/19/2024)
2024-05-0621RESPONSE in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1_TVA April 12, 2024 FOIA Disclosures)(Libre, Christina) (Entered: 05/06/2024)
2024-05-1322REPLY to Response to Motion re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 05/13/2024)
2024-05-2823NOTICE OF NONCONSENT by Southern Environmental Law Center (Libre, Christina) (Entered: 05/28/2024)
2024-05-2824ORDER.Signed by District Judge J Ronnie Greer on May 28, 2024. (SAC) (Entered: 05/28/2024)
2024-06-0525REPORT of Rule 26(f) Planning Meeting. (Libre, Christina) (Entered: 06/05/2024)
2024-07-0326LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to 16 MOTION to Dismiss for Lack of Jurisdiction In support of SELC's Response in Opposition to TVA's Motion to Dismiss by Southern Environmental Law Center filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit Memorandum Opinion and Order in 3:24-cv-00095)(Libre, Christina) (Entered: 07/03/2024)
2024-07-1027RESPONSE TO LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to 26 Local Rule 7.1(d) Supplemental Brief, by Tennessee Valley Authority filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 07/10/2024)
2024-12-2328MEMORANDUM OPINION AND ORDER: For the reasons discussed above, the motion to dismiss is DENIED . See Memorandum Opinion and Order for details. Signed by District Judge J Ronnie Greer on 12/23/2024. (CAT) (Entered: 12/23/2024)
2025-01-1429ORDER: The parties are ORDERED to jointly submit a proposed scheduling order on or before Wednesday, January 29, 2025. Any points of disagreement between the parties should be identified and included in the joint proposal.Signed by District Judge J Ronnie Greer on 1/14/25. (ABF) (Entered: 01/14/2025)
2025-01-2930STATUS REPORT and Proposed Scheduling Order of the Parties by Tennessee Valley Authority. (Chin, Steven) (Entered: 01/29/2025)
2025-01-3131SCHEDULING ORDER. The Court will enter a supplemental Scheduling Order pertaining to trial only if necessary. Signed by District Judge J Ronnie Greer on 1/31/2025. (MKM) (Entered: 01/31/2025)
2025-02-1432MOTION for Bryan Dumesnil to Appear Pro Hac Vice (Filing fee $ 150 Paid, receipt #300005329.) by Tennessee Gas Pipeline Company, LLC. (ABF) (Entered: 02/14/2025)
2025-02-1433MOTION for Taylor Stuart to Appear Pro Hac Vice (Filing fee $ 150 paid, receipt #300005329.) by Tennessee Gas Pipeline Company, LLC. (ABF) (Entered: 02/14/2025)
2025-02-14Clerk's Verification of PHV Requirements is complete regarding document: 33 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150.) filed by Tennessee Gas Pipeline Company, LLC (ABF) (Entered: 02/14/2025)
2025-02-14Clerk's Verification of PHV Requirements is complete regarding document: 32 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150.) filed by Tennessee Gas Pipeline Company, LLC (ABF) (Entered: 02/14/2025)
2025-02-1434MOTION to Intervene by Tennessee Gas Pipeline Company, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(ABF) (Entered: 02/14/2025)
2025-02-1435MEMORANDUM in Support of Motion re 34 MOTION to Intervene filed by Tennessee Gas Pipeline Company, LLC. (ABF) (Entered: 02/14/2025)
2025-02-1436Certificate of Corporate Interest by Tennessee Gas Pipeline Company, LLC identifying Corporate Parent Kinder Morgan Operating LLC, Corporate Parent Kinder Morgan Energy Partners, L.P., Corporate Parent Kinder Morgan, Inc., Corporate Parent Kinder Morgan GP, LLC for Tennessee Gas Pipeline Company, LLC. (ABF) (Entered: 02/14/2025)
2025-02-2437ORDER granting 34 Motion to Intervene. Signed by District Judge J Ronnie Greer on 2/24/2025. c/m Bryan Dumesnil, Bracewell, LLP, 711 Louisiana Street, Suite 2300, Houston, TX 77002-2770; Taylor M Stuart, Bracewell, LLP, 2001 M Street NW, Suite 900, Washington, DC 20036 (MKM) (Entered: 02/24/2025)
2025-02-2438ORDER granting 32 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf ; granting 33 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 02/24/2025. This entry constitutes the complete Order of the Court. (HSN) c/m Bryan Dumesnil, Bracewell, LLP, 711 Louisiana Street, Suite 2300, Houston, TX 77002-2770; Taylor M Stuart, Bracewell, LLP, 2001 M Street NW, Suite 900, Washington, DC 20036 on 2/25/2025 (MKM). (Entered: 02/24/2025)
2025-02-2839ANSWER to 1 Complaint,, by Tennessee Gas Pipeline Company, LLC.(Dumesnil, Bryan) (Entered: 02/28/2025)
2025-04-0240MOTION for Summary Judgment by Southern Environmental Law Center. (Libre, Christina) (Entered: 04/02/2025)
2025-04-0241MEMORANDUM in Support of Motion re 40 MOTION for Summary Judgment filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit Supplemental Response Letter, # 2 Exhibit References to Ashland City Location, # 3 Exhibit March 25, 2025 Email from Denise Smith, # 4 Exhibit Select March 2025 Disclosed Records)(Libre, Christina) (Entered: 04/02/2025)
2025-04-0242MOTION for Summary Judgment by Tennessee Valley Authority. (Attachments: # 1 Affidavit of Denise Smith, # 2 Exhibit 1 to Declaration of Denise Smith, # 3 Exhibit 2 to Declaration of Denise Smith, # 4 Exhibit 3 to Declaration of Denise Smith, # 5 Affidavit of Paul Smith, # 6 Exhibit 1 to Declaration of Paul Smith, # 7 Affidavit of Sherri Collins)(Chin, Steven) (Entered: 04/02/2025)
2025-04-0243STATEMENT of Material Facts re 42 MOTION for Summary Judgment filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 04/02/2025)
2025-04-0244MEMORANDUM in Support of Motion re 42 MOTION for Summary Judgment filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 04/02/2025)
2025-04-0245Cross MOTION for Summary Judgment by Tennessee Gas Pipeline Company, LLC. (Attachments: # 1 Exhibit 1 - Declaration of H. Preston Troutman)(Dumesnil, Bryan) (Entered: 04/02/2025)
2025-04-0246MEMORANDUM in Support of Motion re 45 Cross MOTION for Summary Judgment filed by Tennessee Gas Pipeline Company, LLC. (Dumesnil, Bryan) (Entered: 04/02/2025)
2025-04-0247STATEMENT of Material Facts re 45 Cross MOTION for Summary Judgment filed by Tennessee Gas Pipeline Company, LLC. (Dumesnil, Bryan) (Entered: 04/02/2025)
2025-04-1548Unopposed MOTION for Leave to File Statement of Material Facts by Southern Environmental Law Center. (Attachments: # 1 Other SELC Proposed Statement of Material Facts)(Libre, Christina) (Entered: 04/15/2025)
2025-04-1649Now before the Court is the Unopposed Motion Requesting Leave to File Separate Statement of Material Facts [Doc. 48], filed by Plaintiff Southern Environmental Law Center ("SELC"). No party objects to the request. Given that, the Court GRANTS the motion [ Doc. 498 ]. Plaintiff SELC SHALL file its Statement of Material Facts [Doc. 48-1] in CM/ECF on or before April 17, 2025 . Signed by Magistrate Judge Debra C. Poplin on 4/16/2025. (This entry constitutes the complete Order of the Court.) (AGA) (Entered: 04/16/2025)
2025-04-1650STATEMENT of Material Facts re 40 MOTION for Summary Judgment filed by Southern Environmental Law Center. (Libre, Christina) (Entered: 04/16/2025)
2025-04-2351RESPONSE to Statement of Material Facts re 50 Statement of Material Facts filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 04/23/2025)
2025-04-2352RESPONSE in Opposition re 40 MOTION for Summary Judgment filed by Tennessee Valley Authority. (Attachments: # 1 Exhibit 24cv117 Opinion and Order, # 2 Exhibit Redacted Email Record)(Chin, Steven) (Entered: 04/23/2025)
2025-04-2353RESPONSE in Opposition re 45 Cross MOTION for Summary Judgment , 42 MOTION for Summary Judgment filed by Southern Environmental Law Center. (Libre, Christina) (Entered: 04/23/2025)
2025-04-2354RESPONSE to Statement of Material Facts re 43 Statement of Material Facts, 47 Statement of Material Facts filed by Southern Environmental Law Center. (Libre, Christina) (Entered: 04/23/2025)
2025-04-2355RESPONSE to Statement of Material Facts re 50 Statement of Material Facts filed by Tennessee Gas Pipeline Company, LLC. (Dumesnil, Bryan) (Entered: 04/23/2025)
2025-04-2356RESPONSE to Motion re 40 MOTION for Summary Judgment filed by Tennessee Gas Pipeline Company, LLC. (Dumesnil, Bryan) (Entered: 04/23/2025)
2025-04-3057REPLY to Response to Motion re 42 MOTION for Summary Judgment filed by Tennessee Valley Authority. (Attachments: # 1 Exhibit July 25, 2024 FOIA Request, # 2 Exhibit TVA Response to July 25, 2024 FOIA Request)(Chin, Steven) (Entered: 04/30/2025)
2025-04-3058REPLY to Response to Motion re 45 Cross MOTION for Summary Judgment , 40 MOTION for Summary Judgment , 42 MOTION for Summary Judgment filed by Southern Environmental Law Center. (Libre, Christina) (Entered: 04/30/2025)
2025-04-3059REPLY to Response to Motion re 45 Cross MOTION for Summary Judgment filed by Tennessee Gas Pipeline Company, LLC. (Dumesnil, Bryan) (Entered: 04/30/2025)
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