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Case TitleNATURAL RESOURCES DEFENSE COUNCIL v. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03169
Date Filed2020-11-02
Date ClosedOpen
JudgeJudge Ketanji Brown Jackson
PlaintiffNATURAL RESOURCES DEFENSE COUNCIL
Case DescriptionThe Natural Resources Defense Council submitted two FOIA requests to the EPA for records concerning communications and correspondence about the pesticide SurfaceWise2 between the agency and the Texas Department of Agriculture, American Airlines, Total Orthopedics Sports & Spine, and/or Allied BioSciences. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-11-021COMPLAINT against NATURAL RESOURCES DEFENSE COUNCIL ( Filing fee $ 400 receipt number ADCDC-7787049) filed by NATURAL RESOURCES DEFENSE COUNCIL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Corporate Disclosure Statement)(Colangelo, Aaron) (Entered: 11/02/2020)
2020-11-022MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel Hessel, Filing fee $ 100, receipt number ADCDC-7787171. Fee Status: Fee Paid. by NATURAL RESOURCES DEFENSE COUNCIL (Attachments: # 1 Declaration of Daniel Hessel, # 2 Text of Proposed Order)(Colangelo, Aaron) (Entered: 11/02/2020)
2020-11-033LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATURAL RESOURCES DEFENSE COUNCIL (adh, ) (Entered: 11/03/2020)
2020-11-03Case Assigned to Judge Ketanji Brown Jackson. (adh, ) (Entered: 11/03/2020)
2020-11-034SUMMONS (1) Issued Electronically as to ENVIRONMENTAL PROTECTION AGENCY. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 11/03/2020)
2020-11-045REQUEST FOR SUMMONS TO ISSUE filed by NATURAL RESOURCES DEFENSE COUNCIL.(Colangelo, Aaron) (Entered: 11/04/2020)
2020-11-046REQUEST FOR SUMMONS TO ISSUE filed by NATURAL RESOURCES DEFENSE COUNCIL.(Colangelo, Aaron) (Entered: 11/04/2020)
2020-11-057GENERAL ORDER AND GUIDELINES APPLICABLE TO FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 11/5/2020. (jag) (Entered: 11/05/2020)
2020-11-068SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (zjf) (Entered: 11/06/2020)
2020-11-09MINUTE ORDER granting 2 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Daniel Hesse is admitted pro hac vice in this matter as counsel for Plaintiff. 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 Ketanji Brown Jackson on 11/9/2020. (jag) (Entered: 11/09/2020)
2020-11-129NOTICE of Appearance by Daniel Hessel on behalf of NATURAL RESOURCES DEFENSE COUNCIL (Hessel, Daniel) Modified on 11/13/2020 (zrdj). (Entered: 11/12/2020)
2021-01-0710NOTICE of Appearance by Benton Gregory Peterson on behalf of ENVIRONMENTAL PROTECTION AGENCY (Peterson, Benton) (Entered: 01/07/2021)
2021-01-0811RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ENVIRONMENTAL PROTECTION AGENCY served on 11/18/2020 (Attachments: # 1 Exhibit Proof of Service)(Hessel, Daniel) (Entered: 01/08/2021)
2021-01-0812RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/19/2020. (Attachments: # 1 Exhibit Proof of Service)(Hessel, Daniel) (Entered: 01/08/2021)
2021-01-0813RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/16/2020. Answer due for ALL FEDERAL DEFENDANTS by 1/15/2021. (Attachments: # 1 Exhibit Proof of Service)(Hessel, Daniel) (Entered: 01/08/2021)
2021-01-1514ANSWER to Complaint by ENVIRONMENTAL PROTECTION AGENCY.(Peterson, Benton) (Entered: 01/15/2021)
2021-01-15MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall review this Court's 7 General Order and Guidelines Applicable to FOIA Cases, and promptly confer and file a joint proposed schedule for disclosure or briefing motions for summary judgment, on or before 10/19/2020. Signed by Judge Ketanji Brown Jackson on 1/15/2021. (jag) (Entered: 01/15/2021)
2021-01-2815NOTICE OF WITHDRAWAL OF APPEARANCE as to NATURAL RESOURCES DEFENSE COUNCIL. Attorney Daniel Hessel terminated. (Hessel, Daniel) (Entered: 01/28/2021)
2021-02-0516MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Francis W. Sturges, Filing fee $ 100, receipt number ADCDC-8168317. Fee Status: Fee Paid. by NATURAL RESOURCES DEFENSE COUNCIL. (Attachments: # 1 Declaration in Support of Motion to Appear Pro Hac Vice, # 2 Text of Proposed Order)(Colangelo, Aaron) (Entered: 02/05/2021)
2021-02-0517Joint STATUS REPORT by NATURAL RESOURCES DEFENSE COUNCIL. (Colangelo, Aaron) (Entered: 02/05/2021)
2021-02-12MINUTE ORDER granting 16 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Francis W. Sturges is admitted pro hac vice in this matter as counsel for Plaintiff. 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 Ketanji Brown Jackson on 2/12/2021. (jag) (Entered: 02/12/2021)
2021-02-1918NOTICE of Appearance by Francis William Sturges, Jr on behalf of NATURAL RESOURCES DEFENSE COUNCIL (Sturges, Francis) (Main Document 18 replaced on 2/19/2021) (zjf). (Entered: 02/19/2021)
2021-02-1919Joint STATUS REPORT by NATURAL RESOURCES DEFENSE COUNCIL. (Sturges, Francis) (Entered: 02/19/2021)
2021-03-1520Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Peterson, Benton) (Entered: 03/15/2021)
2021-04-2621STIPULATION of Dismissal by NATURAL RESOURCES DEFENSE COUNCIL. (Sturges, Francis) (Entered: 04/26/2021)
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by FOIA Project Staff
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