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Case TitleCLEAN AIR COUNCIL v. U.S. DEPARTMENT OF THE INTERIOR et al
DistrictEastern District of Pennsylvania
CityPhiladelphia
Case Number2:2022cv02741
Date Filed2022-07-14
Date ClosedOpen
JudgeHONORABLE GENE E.K. PRATTER
PlaintiffCLEAN AIR COUNCIL
Case DescriptionThe Clean Air Council submitted a FOIA request to the Department of Interior for records concerning the engineering report prepared by Philadelphia Gas Works related to a project PGW was working on with the National Park Service. The agency acknowledged receipt of the request and indicated that it was processing the request. CAC filed an administrative appeal. After hearing nothing further from the agency, CAC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF INTERIOR
DefendantNATIONAL PARK SERVICE
DefendantPHILADELPHIA GAS WORKS
DefendantCONSTELLATION NEWENERGY, INC.
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-141COMPLAINT against All Defendants ( Filing fee $ 402 receipt number APAEDC-16044560.), filed by CLEAN AIR COUNCIL. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(Cohen, Paul) (Entered: 07/14/2022)
2022-07-182Summons Issued as to NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR, U.S. Attorney and U.S. Attorney General (rf, ) (Entered: 07/18/2022)
2022-07-263Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (rf, ) (Entered: 07/26/2022)
2022-08-044AFFIDAVIT of Service by Stephen Ballentine re: served Summons and Complaint upon U.S. Department of Interior, National Park Service, U.S. Attorney General, U.S. Attorney's Office for E.D. Pa. by USPS Certified Mail on 08/01/2022 (Cohen, Paul) (Entered: 08/04/2022)
2022-08-105NOTICE of Withdrawal of Appearance by Joseph Anthony Ingrao on behalf of CLEAN AIR COUNCIL(Ingrao, Joseph) (Entered: 08/10/2022)
2022-08-116NOTICE of Appearance by MARK J. SHERER on behalf of NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR with Certificate of Service(SHERER, MARK) (Entered: 08/11/2022)
2022-08-177ORDER RE: THIS MATTER SHALL BE HELD IN ABEYANCE; DEFENDANT SHALL PRODUCE NON-EXEMPT RECORDS RESPONSIVE TO PLAINTIFF'S FOIA REQUEST; DEFENDANT SHALL COMPLETE ITS RESPONSE TO THE FOIA REQUEST; IN THE EVENT THIS CASE IS NOT RESOLVED BY NOVEMBER 29, 2022, THE PARTIES SHALL FILE A JOINT STATUS UPDATE ON OR BEFORE NOVEMBER 29, 2022. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 8/15/2022. 8/17/2022 ENTERED AND COPIES E-MAILED.(sfl) (Entered: 08/17/2022)
2022-11-298ORDER RE: PLAINTIFF SHALL FILE ITS AMENDED COMPLAINT ON OR BEFORE 12/23/2022; THE DEFENDANT SHALL ANSWER OR RESPOND ON OR BEFORE 1/6/2023 AND THIRD PARTIES MAY FILE MOTIONS TO INTERVENE ON OR BEFORE 1/6/2023. SIGNED BY HONORABLE GENE E.K. PRATTER ON 11/29/2022. 11/29/2022 ENTERED AND COPIES E-MAILED.(sfl) (Entered: 11/29/2022)
2022-12-239AMENDED COMPLAINT against All Defendants All Defendants., filed by CLEAN AIR COUNCIL.(Cohen, Paul) (Entered: 12/23/2022)
2023-01-0410ORDER RE: THIRD PARTIES MAY FILE THEIR MOTIONS TO INTERVENE ON OR BEFORE 1/20/2023. SIGNED BY HONORABLE GENE E.K. PRATTER ON 1/4/2023. 1/4/2023 ENTERED AND COPIES E-MAILED.(sfl) (Entered: 01/04/2023)
2023-01-0611ANSWER to 9 Amended Complaint and Affirmative Defenses by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR.(SHERER, MARK) (Entered: 01/06/2023)
2023-01-1912MOTION to Intervene filed by PHILADELPHIA GAS WORKS.Memorandum of Law, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4 Part I, # 7 Exhibit 4 Part II, # 8 Exhibit 4 Part III, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Certificate of Service)(ZAHORCHAK, BRETT) (Entered: 01/19/2023)
2023-01-2013MOTION to Intervene filed by CONSTELLATION NEWENERGY, INC..memorandum, certificate of service. (Attachments: # 1 Memorandum Memorandum of Law in Support of Motion to Intervene, # 2 Exhibit Exhibit 1 to Memo of Law, # 3 Text of Proposed Order Proposed Order Granting Motion to Intervene, # 4 Certificate of Service Certificate of Service of Motion to Intervene)(DAUGHERTY, SALLY) (Entered: 01/20/2023)
2023-01-2314RESPONSE to Motion re 12 MOTION to Intervene (Non-Opposition to Motion) filed by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR. (SHERER, MARK) (Entered: 01/23/2023)
2023-01-2315RESPONSE to Motion re 13 MOTION to Intervene (Non-Opposition to Motion) filed by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR. (SHERER, MARK) (Entered: 01/23/2023)
2023-01-2316NOTICE of Hearing: PRETRIAL CONFERENCE SET FOR 3/17/2023 at 11:00 AM IN Chambers BEFORE HONORABLE GENE E.K. PRATTER. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement)(sfl) (Entered: 01/23/2023)
2023-01-2517ORDER THAT PLAINTIFF CLEAN AIR COUNCIL SHALL RESPOND TO THE PROPOSED INTERVENORS MOTIONS ON OR BEFORE 2/3/23. SIGNED BY HONORABLE GENE E.K. PRATTER ON 1/24/23. 1/25/23 ENTERED AND COPIES E-MAILED.(rf, ) (Entered: 01/25/2023)
2023-02-0318RESPONSE to Motion re 13 MOTION to Intervene , 12 MOTION to Intervene Non-Opposition filed by CLEAN AIR COUNCIL. (Cohen, Paul) (Entered: 02/03/2023)
2023-02-0319ORDER THAT THE MOTION TO INTERVENE OF PHILADELPHIA GAS WORKS 12 , THE MOTION TO INTERVENE OF CONSTELLATION NEWENERGY INC. 13 , DEFENDANTS' NON-OPPOSITION TO MOTION TO INTERVENE BY PHILADELPHIA GAS WORKS 14 , DEFENDANTS' NON-OPPOSITION TO MOTION TO INTERVENE BY CONSTELLATION NEWENERGY INC. 15 , AND PLAINTIFFS NON-OPPOSITION TO PHILADELPHIA GAS WORKS' AND CONSTELLATION NEWENERGY, INC.'S MOTIONS TO INTERVENE 18 , IT IS ORDERED THAT THE MOTIONS (DOC. NOS. 12 & 13) ARE GRANTED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/3/23.2/6/23 ENTERED AND COPIES E-MAILED.(bw) (Entered: 02/06/2023)
2023-03-0120NOTICE of Withdrawal of Appearance by Paul Jay Cohen, II on behalf of CLEAN AIR COUNCIL(Cohen, Paul) (Entered: 03/01/2023)
2023-03-0121NOTICE of Appearance by Lauren Otero on behalf of CLEAN AIR COUNCIL (Attachments: # 1 Certificate of Service)(Otero, Lauren) (Entered: 03/01/2023)
2023-03-0122NOTICE of Appearance by ALEXANDER G. BOMSTEIN on behalf of CLEAN AIR COUNCIL (BOMSTEIN, ALEXANDER) (Entered: 03/01/2023)
2023-03-1723Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER RULE 16 Conference held on 3/17/23. (JL) (Entered: 03/17/2023)
2023-03-1724ORDER THAT MOTION FOR SUMMARY JUDGMENT DUE BY 9/8/2023. ALL OTHER SCHEDULING ORDER DEADLINES OUTLINED HEREIN. SIGNED BY HONORABLE GENE E.K. PRATTER ON 3/17/23. 3/17/23 ENTERED AND COPIES E-MAILED.(rf, ) (Entered: 03/17/2023)
2023-09-0825MOTION for Summary Judgment filed by PHILADELPHIA GAS WORKS.Memorandum of Law, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Certificate of Service)(ZAHORCHAK, BRETT) (Entered: 09/08/2023)
2023-09-0826MOTION for Summary Judgment filed by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR.Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Material Facts, # 3 Memorandum, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4)(SHERER, MARK) (Entered: 09/08/2023)
2023-09-0827MOTION for Summary Judgment filed by CONSTELLATION NEWENERGY, INC..Motion to Join Motion for Summary Judgment filed by PGW. (Attachments: # 1 Certificate of Service Certificate of Service for Constellation's Motion to Join Motion for Summary Judgment of PGW)(DAUGHERTY, SALLY) (Entered: 09/08/2023)
2023-09-0828First MOTION for Summary Judgment filed by CLEAN AIR COUNCIL.Motion for summary judgment. (Attachments: # 1 Brief Brief in Support of SJM, # 2 Exhibit Brief Exh A, # 3 Exhibit Brief Exh B, # 4 Exhibit Brief Exh C, # 5 Supplement Plaintiff's Statement of Undisputed Facts, # 6 Exhibit Facts Exh A, # 7 Exhibit Facts Exh B, # 8 Exhibit Facts Exh C, # 9 Exhibit Facts Exh D, # 10 Exhibit Facts Exh E, # 11 Exhibit Facts Exh F, # 12 Exhibit Facts Exh G, # 13 Exhibit Facts Exh H, # 14 Exhibit Facts Exh I, # 15 Exhibit Facts Exh J, # 16 Exhibit Facts Exh K, # 17 Exhibit Facts Exh L, # 18 Exhibit Facts Exh M, # 19 Exhibit Facts Exh N, # 20 Exhibit Facts Exh O, # 21 Text of Proposed Order Plaintiff's Proposed Order, # 22 Certificate of Service Plaintiff's Certificate of Service)(Otero, Lauren) (Entered: 09/08/2023)
2023-09-2829RESPONSE in Opposition re 28 First MOTION for Summary Judgment of Plaintiff Clean Air Council filed by PHILADELPHIA GAS WORKS. (Attachments: # 1 Text of Proposed Order, # 2 Response to Statement of Undisputed Facts, # 3 Memorandum of Law In Opposition to Plaintiff's Motion for Summary Judgment, # 4 Certificate of Service)(ZAHORCHAK, BRETT) (Entered: 09/28/2023)
2023-09-2830RESPONSE in Opposition re 28 First MOTION for Summary Judgment filed by CONSTELLATION NEWENERGY, INC.. (Attachments: # 1 Certificate of Service Constellation's cert of service)(DAUGHERTY, SALLY) (Entered: 09/28/2023)
2023-09-2931RESPONSE in Opposition re 28 First MOTION for Summary Judgment filed by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Response to Statement of Undisputed Facts, # 6 Text of Proposed Order)(SHERER, MARK) (Entered: 09/29/2023)
2023-09-2932RESPONSE to Motion re 28 First MOTION for Summary Judgment filed by CLEAN AIR COUNCIL. (Attachments: # 1 Brief, # 2 Exhibit, # 3 Exhibit Part 1 of Exh. A, # 4 Exhibit Part 2 of Exh. A, # 5 Certificate of Service, # 6 Supplement Response to Intervenors' MSJ)(Otero, Lauren) (Entered: 09/29/2023)
2023-10-0633RESPONSE in Support re 26 MOTION for Summary Judgment filed by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR. (SHERER, MARK) (Entered: 10/06/2023)
2023-12-1134NOTICE of HEARING: AN ORAL ARGUMENT WILL BE HELD ON 1/25/2024 10:00 AM IN Courtroom 10B BEFORE HONORABLE GENE E.K. PRATTER. Re: 27 MOTION for Summary Judgment 25 MOTION for Summary Judgment 28 First MOTION for Summary Judgment 26 MOTION for Summary Judgment (bw) (Entered: 12/11/2023)
2024-02-1635NOTICE of Appearance by STACEY L.B. SMITH on behalf of NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR with Certificate of Service(SMITH, STACEY) (Entered: 02/16/2024)
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