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Case TitleENERGY POLICY ADVOCATES v. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00298
Date Filed2022-02-04
Date Closed2023-09-29
JudgeJudge Timothy J. Kelly
PlaintiffENERGY POLICY ADVOCATES
Case DescriptionEnergy Policy Advocates submitted a FOIA request to the EPA for records concerning the development of the National Ambient Air Quality Standards and Paris Climate Agreement. EPA also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted EPA's request for a fee waiver but denied its request for expedited processing. After hearing nothing further from the agency, EPA filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantENVIRONMENTAL PROTECTION AGENCY
DefendantUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-02-041COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 402 receipt number ADCDC-9023997) filed by ENERGY POLICY ADVOCATES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Proposed to AG, USAO, and Agency)(Hardin, Matthew) (Entered: 02/04/2022)
2022-02-07Case Assigned to Judge Timothy J. Kelly. (zsb) (Entered: 02/07/2022)
2022-02-102SUMMONS (3) Issued Electronically as to ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znm) (Entered: 02/10/2022)
2022-03-073NOTICE of Appearance by Stephen DeGenaro on behalf of ENVIRONMENTAL PROTECTION AGENCY (DeGenaro, Stephen) (Entered: 03/07/2022)
2022-03-074Consent MOTION for Extension of Time to Respond to the Complaint by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 03/07/2022)
2022-03-07MINUTE ORDER granting Defendant's 4 Consent Motion for an Extension of Time to Respond to the Complaint. It is hereby ORDERED, for good cause shown, that Defendant's 4 Consent Motion is GRANTED. It is further ORDERED that Defendant shall answer or otherwise respond to Plaintiff's complaint by April 4, 2022. Signed by Judge Timothy J. Kelly on 03/07/2022. (lctjk2) (Entered: 03/07/2022)
2022-04-045ANSWER to Complaint by ENVIRONMENTAL PROTECTION AGENCY.(DeGenaro, Stephen) (Entered: 04/04/2022)
2022-04-05MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by May 2, 2022. Signed by Judge Timothy J. Kelly on 04/05/2022. (lctjk2) (Entered: 04/05/2022)
2022-04-05Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 5/2/2022. (zkh) (Entered: 04/05/2022)
2022-05-026Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 05/02/2022)
2022-05-05MINUTE ORDER: Upon consideration of the parties' 6 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by June 16, 2022, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 05/05/2022. (lctjk2) (Entered: 05/05/2022)
2022-06-167Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 06/16/2022)
2022-06-16MINUTE ORDER: Upon consideration of the parties' 7 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by July 15, 2022, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 06/16/2022. (lctjk2) (Entered: 06/16/2022)
2022-07-158Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 07/15/2022)
2022-07-18MINUTE ORDER: Upon consideration of the parties' 8 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by August 15, 2022, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 07/18/2022. (lctjk2) (Entered: 07/18/2022)
2022-08-159Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 08/15/2022)
2022-08-16MINUTE ORDER: Upon consideration of the parties' 9 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by September 15, 2022, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 08/16/2022. (lctjk2) (Entered: 08/16/2022)
2022-09-1510Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 09/15/2022)
2022-09-15MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by October 14, 2022, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 09/15/2022. (lctjk2) (Entered: 09/15/2022)
2022-10-1411NOTICE of Appearance by Anna Davis Walker on behalf of ENVIRONMENTAL PROTECTION AGENCY (Walker, Anna) (Entered: 10/14/2022)
2022-10-1412Consent MOTION for Extension of Time to file Joint Status Report by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 10/14/2022)
2022-10-14MINUTE ORDER granting Defendant's 12 Consent Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that Defendant's 12 Consent Motion for Extension of Time is GRANTED. It is further ORDERED that the parties shall file another joint status report by October 28, 2022, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 10/14/2022. (lctjk2) (Entered: 10/14/2022)
2022-10-2713NOTICE of Appearance by Christopher Cochran Horner on behalf of ENERGY POLICY ADVOCATES (Horner, Christopher) (Entered: 10/27/2022)
2022-10-2814Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 10/28/2022)
2022-10-30MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by December 16, 2022, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 10/30/2022. (lctjk2) (Entered: 10/30/2022)
2022-12-1615Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 12/16/2022)
2022-12-18MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the following schedule shall govern the summary-judgment briefing schedule in this case: Defendant shall file its motion for summary judgment by January 27, 2023; Plaintiff shall file its combined cross-motion for summary judgment and opposition by February 24, 2023; Defendant shall file its combined reply and opposition by March 24, 2023; and Plaintiff shall file its reply by April 21, 2023. Signed by Judge Timothy J. Kelly on 12/18/2022. (lctjk2) (Entered: 12/18/2022)
2023-01-2716MOTION for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of John Shoaff, # 4 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 01/27/2023)
2023-02-2417RESPONSE re 16 MOTION for Summary Judgment filed by ENERGY POLICY ADVOCATES. (Attachments: # 1 Statement of Facts)(Hardin, Matthew) (Entered: 02/24/2023)
2023-03-2218MOTION for Leave to File Amended Response to Statement of Material Facts by ENERGY POLICY ADVOCATES. (Attachments: # 1 Statement of Facts Proposed Amended Response to Statement of Material Facts)(Hardin, Matthew) (Entered: 03/22/2023)
2023-03-23MINUTE ORDER granting Plaintiff's 18 Motion for Leave to File Amended Response to Statement of Material Facts. It is hereby ORDERED, for good cause shown, that the unopposed 18 Motion is GRANTED. The Clerk of Court is directed to docket Plaintiff's Amended Response to Defendant's Statement of Undisputed Facts, ECF No. 18-1. Signed by Judge Timothy J. Kelly on 3/23/2023. (lctjk2) (Entered: 03/23/2023)
2023-03-2320AMENDED RESPONSE re 16 MOTION for Summary Judgment filed by ENERGY POLICY ADVOCATES. (ztth) (Entered: 03/24/2023)
2023-03-2419REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Ex. A, # 2 Ex. B)(DeGenaro, Stephen) (Entered: 03/24/2023)
2023-04-1021MOTION for Leave to File Sur-Reply Brief by ENERGY POLICY ADVOCATES. (Attachments: # 1 A (Request for Consent), # 2 B (Denial of Consent), # 3 C (Transcript of Congressional Testimony), # 4 Proposed Sur-Reply Brief)(Hardin, Matthew) (Entered: 04/10/2023)
2023-04-2422RESPONSE re 21 MOTION for Leave to File Sur-Reply Brief filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Walker, Anna) (Entered: 04/24/2023)
2023-04-2823REPLY to opposition to motion re 21 MOTION for Leave to File Sur-Reply Brief filed by ENERGY POLICY ADVOCATES. (Hardin, Matthew) (Entered: 04/28/2023)
2023-09-2924ORDER granting Defendant's 16 Motion for Summary Judgment and denying Plaintiff's 21 Motion for Leave to File Sur-Reply Brief. See Order for details. This is a final, appealable order. The Clerk of Court is directed to close the case. Signed by Judge Timothy J. Kelly on 9/29/2023. (lctjk2) (Entered: 09/29/2023)
2023-09-2925MEMORANDUM OPINION in support of 24 Order granting Defendant's 16 Motion for Summary Judgment and denying Plaintiff's 21 Motion for Leave to File Sur-Reply Brief. Signed by Judge Timothy J. Kelly on 9/29/2023. (lctjk2) (Entered: 09/29/2023)
2023-10-0826MOTION to Stay, MOTION for Extension of Time to Request Fees and Costs by ENERGY POLICY ADVOCATES. (znmw) (Entered: 10/10/2023)
2023-10-11MINUTE ORDER granting Plaintiff's 26 Unopposed Motion for an Extension of Time: Upon consideration of Plaintiff's 26 Unopposed Motion for a Stay or Alternative Motion for an Extension of Time, it is hereby ORDERED that Plaintiff's Motion for an Extension of Time is granted. It is further ORDERED that Plaintiff shall file any motion under Rule 54(d) by October 27, 2023. Signed by Judge Timothy J. Kelly on 10/11/2023. (lctjk2) (Entered: 10/11/2023)
2023-10-2027Second MOTION for Extension of Time to File Motion for Attorney's Fees and Costs (Unopposed) by ENERGY POLICY ADVOCATES. (Hardin, Matthew) (Entered: 10/20/2023)
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