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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. U.S. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01750
Date Filed2019-06-17
Date Closed2021-12-15
JudgeJudge Amit P. Mehta
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to the EPA for records generated in connection with the agency's October 22, 2018 memorandum, "Changes in EPA Environmental Rating Process." CBD also requested a fee waiver. The agency acknowledged receipt of the request and granted CBD's request for a fee waiver. However, after hearing nothing further from the agency, CBD filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-171COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-6190872) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons USAO, # 3 Summons DOJ AG, # 4 Summons EPA, # 5 Declaration Rule 26)(Lopes, Paulo) (Attachment 1 replaced on 6/17/2019) (zef, ). (Entered: 06/17/2019)
2019-06-172LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY. (zef, ) (Entered: 06/17/2019)
2019-06-17Case Assigned to Judge Amit P. Mehta. (zef, ) (Entered: 06/17/2019)
2019-06-173SUMMONS (3) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice to Counsel/Party)(zef, ) (Entered: 06/17/2019)
2019-06-304NOTICE of Appearance by William John Snape, III on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Snape, William) (Entered: 06/30/2019)
2019-07-035NOTICE of Appearance by Damon William Taaffe on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (Taaffe, Damon) (Entered: 07/03/2019)
2019-07-226RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/24/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 7/24/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/24/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ENVIRONMENTAL PROTECTION AGENCY served on 6/24/2019 (Attachments: # 1 Certificate of Service Attachment A)(Lopes, Paulo) (Entered: 07/22/2019)
2019-07-247MOTION to Dismiss in Part by U.S. ENVIRONMENTAL PROTECTION AGENCY (Taaffe, Damon) (Entered: 07/24/2019)
2019-07-308STIPULATION re 1 Complaint, 7 MOTION to Dismiss in Part (Joint) and Proposed Scheduling Order by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Taaffe, Damon) (Entered: 07/30/2019)
2019-07-309ORDER granting 8 Joint Proposed Stipulation and Scheduling Order. Plaintiff's APA Claims (Claims 5 and 6) and Defendant's Motion to Dismiss, ECF No. 7, are hereby stayed. Defendant's Answer for the non-APA claims shall be filed on or before August 14, 2019. The parties shall file a Joint Status Report on or before September 13, 2019. See attached Order for additional details. Signed by Judge Amit P. Mehta on 07/30/2019. (lcapm3) (Entered: 07/30/2019)
2019-07-30Set/Reset Deadlines: Defendant's Answer for the non-APA claims due by 8/14/2019. Joint Status Report due by 9/13/2019. (zjd) (Entered: 07/31/2019)
2019-07-30ENTERED IN ERROR.....Case Stayed (zjd) (Entered: 11/12/2019)
2019-08-1410ANSWER to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Taaffe, Damon) (Entered: 08/14/2019)
2019-09-1111Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Taaffe, Damon) (Entered: 09/11/2019)
2019-09-11MINUTE ORDER. The parties shall file a Joint Status Report by November 13, 2019, which updates the court on Defendant's search and production efforts. Signed by Judge Amit P. Mehta on 09/11/2019. (lcapm3) (Entered: 09/11/2019)
2019-09-11Set/Reset Deadlines: Joint Status Report due by 11/13/2019. (zjd) (Entered: 09/12/2019)
2019-11-12NOTICE OF CORRECTED DOCKET ENTRY: Counsel is instructed to ignore the erroneously filed docket entry staying the case. (zjd) (Entered: 11/12/2019)
2019-11-1312Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Taaffe, Damon) (Entered: 11/13/2019)
2019-11-13MINUTE ORDER. The parties shall file an additional Joint Status Report by December 13, 2019, which updates the court on the parties' efforts to prioritize or reduce the volume of responsive records and proposes a production schedule. Signed by Judge Amit P. Mehta on 11/13/2019. (lcapm3) (Entered: 11/13/2019)
2019-11-13Set/Reset Deadlines: Joint Status Report due by 12/13/2019. (zjd) (Entered: 11/15/2019)
2019-12-1213Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Taaffe, Damon) (Entered: 12/12/2019)
2019-12-13MINUTE ORDER. The parties shall file an additional Joint Status Report by February 3, 2020, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 12/13/2019. (lcapm3) (Entered: 12/13/2019)
2019-12-13Set/Reset Deadlines: Joint Status Report due by 2/3/2020. (zjd) (Entered: 12/13/2019)
2020-01-2814NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney Damon W. Taaffe (Caplen, Robert) (Entered: 01/28/2020)
2020-02-0315Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 02/03/2020)
2020-02-04MINUTE ORDER. The parties shall file an additional Joint Status Report by April 6, 2020, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 02/04/2020. (lcapm3) (Entered: 02/04/2020)
2020-02-04Set/Reset Deadlines: Joint Status Report due by 4/6/2020 (zjch) (Entered: 02/04/2020)
2020-04-0616Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Caplen, Robert) (Entered: 04/06/2020)
2020-04-07MINUTE ORDER. The parties shall file an additional Joint Status Report by July 7, 2020, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 04/07/2020. (lcapm3) (Entered: 04/07/2020)
2020-04-07Set/Reset Deadlines: Joint Status Report due by 7/7/2020. (zjd) (Entered: 04/07/2020)
2020-07-0717Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Caplen, Robert) (Entered: 07/07/2020)
2020-07-08MINUTE ORDER. The parties shall file an additional Joint Status Report by October 2, 2020, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 07/08/2020. (lcapm3) (Entered: 07/08/2020)
2020-07-08Set/Reset Deadlines: Joint Status Report due by 10/2/2020. (zjd) (Entered: 07/09/2020)
2020-10-0118Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Caplen, Robert) (Entered: 10/01/2020)
2020-10-02MINUTE ORDER. The parties shall file an additional Joint Status Report by January 5, 2021, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 10/02/2020. (lcapm3) (Entered: 10/02/2020)
2020-10-02Set/Reset Deadlines: Joint Status Report due by 1/5/2021. (zjd) (Entered: 10/02/2020)
2021-01-0419Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Caplen, Robert) (Entered: 01/04/2021)
2021-01-05MINUTE ORDER. The parties shall file an additional Joint Status Report by April 5, 2021, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 01/05/2021. (lcapm3) (Entered: 01/05/2021)
2021-01-05Set/Reset Deadlines: Joint Status Report due by 4/5/2021. (zjd) (Entered: 01/06/2021)
2021-04-0520Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Caplen, Robert) (Entered: 04/05/2021)
2021-04-05MINUTE ORDER. The parties shall file an additional Joint Status Report by June 7, 2021, which advises whether any disputed issues remain and, if so, proposes a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 4/5/2021. (lcapm3) (Entered: 04/05/2021)
2021-06-0721Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Caplen, Robert) (Entered: 06/07/2021)
2021-06-07MINUTE ORDER. The parties shall file an additional Joint Status Report by August 6, 2021, advising whether any dispute remains concerning attorney's fees and, if so, proposes a briefing schedule. Signed by Judge Amit P. Mehta on 6/7/2021. (lcapm3) (Entered: 06/07/2021)
2021-08-0522Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 08/05/2021)
2021-08-06MINUTE ORDER. The parties shall file an additional Joint Status Report by September 15, 2021, advising whether any dispute remains concerning attorney's fees and, if so, proposes a briefing schedule. Signed by Judge Amit P. Mehta on 8/6/2021. (lcapm3) (Entered: 08/06/2021)
2021-08-0623NOTICE of Appearance by Thomas Duffey on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (Duffey, Thomas) (Entered: 08/06/2021)
2021-09-1524Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 09/15/2021)
2021-09-15MINUTE ORDER. The parties shall file an additional Joint Status Report by October 15, 2021, concerning the status of settlement, unless on or before that date they file a stipulation of dismissal. Signed by Judge Amit P. Mehta on 09/15/2021. (lcapm3) (Entered: 09/15/2021)
2021-10-1525Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 10/15/2021)
2021-10-15MINUTE ORDER. The parties shall file an additional Joint Status Report by November 15, 2021, concerning the status of settlement, unless on or before that date they file a stipulation of dismissal. Signed by Judge Amit P. Mehta on 10/15/2021. (lcapm3) (Entered: 10/15/2021)
2021-10-15Set/Reset Deadlines: Status Report due by 11/15/2021 (zjch, ) (Entered: 10/18/2021)
2021-11-1526Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 11/15/2021)
2021-11-16MINUTE ORDER. The parties shall file an additional Joint Status Report by December 15, 2021, concerning the status of settlement, unless on or before that date they file a stipulation of dismissal. Signed by Judge Amit P. Mehta on 11/16/2021. (lcapm3) (Entered: 11/16/2021)
2021-11-16Set/Reset Deadlines: Status Report due by 12/15/2021 (zjch, ) (Entered: 11/16/2021)
2021-12-1527STIPULATION of Dismissal by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 12/15/2021)
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