Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the National Resources Defense Council is entitled to a fee waiver for its request for non-public records pertaining to outside contacts with the EPA concerning the re-registration of the family of pesticides known as ethylene bisdithiocarbamates (EBDCs), which is used to protect potatoes and other crops. An industry task force had recommended that use of the pesticide be allowed three days before harvesting as opposed to the 14 days currently allowed. The EPA, pointing to the extensive public record developed as a result of public hearings, denied the fee waiver, indicating that disclosure would not contribute significantly to public understanding of government operations or activities. Judge Denise Cote first noted that "regardless of NRDC's ultimate findings, disclosure of the information it seeks is likely to contribute significantly to the public's understanding of the EPA's decisionmaking process and the role, if any, played by outside groups in that process." Pointing out that the agency's public record "does not, however, provide any meaningful description of the interactions with industry groups that have influenced the EPA in either framing or developing Government policy," Cote observed that "to the extent that the EPA's opposition to the fee waiver request is based on the argument that NRDC seeks information that is duplicative of what is already in the public record or information that will not contribute significantly to the public record beyond what the EPA has already disclosed, it fails utterly." Cote rejected the agency's claim that the NRDC was required to show bad faith on the part of the agency in its public explanation for the EBDC hearing. She noted that "the EPA fee waiver regulations impose no such requirement." She added that "NRDC need not make any specific allegation concerning the EPA's wrongdoing. The public's understanding of EPA decisionmaking will be significantly enhanced by learning about the nature and scope of EPA communication with commercial interests, which NRDC has contendedâ€"and the EPA has not disputedâ€"the requested documents will reveal. . .NRDC is not further required to show that the EPA acted in bad faith in any disclosures it has made to date or more generally in its decisionmaking." However, Cote agreed with the agency that the NRDC's fee waiver request was overbroad. She pointed out that "NRDC's FOIA request, however, is far broader than its justification for a fee waiver. It requests all records of any communications with pesticide registrants and other outside entities or individuals concerning EBDC, without limitation. To the extent that NRDC has not shown a public interest in its FOIA request, its application for a fee waiver must be denied."
Issues: Public Interest Fee Waiver - Shed light on government activities

Date Filed	Doc #	Docket Text
2008-03-11	1	COMPLAINT against United States Environmental Protection Agency. (Filing Fee $ 350.00, Receipt Number 644242)Document filed by Natural Resources Defense Council, Inc..(mbe) (Entered: 03/14/2008)
2008-03-11		SUMMONS ISSUED as to United States Environmental Protection Agency. (mbe) (Entered: 03/14/2008)
2008-03-11		Magistrate Judge Henry B. Pitman is so designated. (mbe) (Entered: 03/14/2008)
2008-03-11		Case Designated ECF. (mbe) (Entered: 03/14/2008)
2008-03-11	2	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by United States Environmental Protection Agency.(mbe) (Entered: 03/14/2008)
2008-04-10	3	ANSWER to Complaint. Document filed by United States Environmental Protection Agency.(Turner, Serrin) (Entered: 04/10/2008)
2008-04-10	4	NOTICE OF APPEARANCE by Thomas Joseph Cmar on behalf of Natural Resources Defense Council, Inc. (Cmar, Thomas) (Entered: 04/10/2008)
2008-06-03	5	NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/20/2008 at 09:00 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 6/3/08) (tro) (Entered: 06/03/2008)
2008-06-03	6	MOTION for Partial Summary Judgment Granting Public Interest Fee Waiver . Document filed by Natural Resources Defense Council, Inc.. Responses due by 6/17/2008(Cmar, Thomas) (Entered: 06/03/2008)
2008-06-03	7	MEMORANDUM OF LAW in Support re: 6 MOTION for Partial Summary Judgment Granting Public Interest Fee Waiver .. Document filed by Natural Resources Defense Council, Inc.. (Cmar, Thomas) (Entered: 06/03/2008)
2008-06-03	8	DECLARATION of Aaron Colangelo in Support re: 6 MOTION for Partial Summary Judgment Granting Public Interest Fee Waiver .. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit B1, # 4 Exhibit B2a, # 5 Exhibit B2b, # 6 Exhibit B2c, # 7 Exhibit B2d, # 8 Exhibit B2e, # 9 Exhibit B3, # 10 Exhibit B4, # 11 Exhibit B5, # 12 Exhibit B6, # 13 Exhibit B7, # 14 Exhibit B8, # 15 Exhibit B9, # 16 Exhibit B10, # 17 Exhibit B11, # 18 Exhibit B12, # 19 Exhibit B13, # 20 Exhibit B14, # 21 Exhibit B15, # 22 Exhibit B16, # 23 Errata B17, # 24 Exhibit B18, # 25 Exhibit B19, # 26 Exhibit B20, # 27 Exhibit B21, # 28 Exhibit B22a, # 29 Exhibit B22b, # 30 Exhibit B23, # 31 Exhibit B24, # 32 Exhibit B25, # 33 Exhibit B26, # 34 Exhibit B27, # 35 Exhibit B28, # 36 Exhibit B29, # 37 Exhibit B30, # 38 Exhibit B31, # 39 Exhibit B32, # 40 Exhibit B33, # 41 Exhibit B34, # 42 Exhibit B35, # 43 Exhibit B36, # 44 Exhibit B37, # 45 Exhibit C, # 46 Exhibit D, # 47 Exhibit DC1, # 48 Exhibit DC2, # 49 Exhibit DC3, # 50 Errata DD, # 51 Exhibit DE, # 52 Exhibit DF, # 53 Exhibit DG, # 54 Errata DH, # 55 Exhibit DI, # 56 Exhibit DJ, # 57 Exhibit DK)(Cmar, Thomas) (Entered: 06/03/2008)
2008-06-03	9	RULE 56.1 STATEMENT. Document filed by Natural Resources Defense Council, Inc.. (Cmar, Thomas) (Entered: 06/03/2008)
2008-06-10	10	ENDORSED LETTER addressed to Judge Denise L. Cote from Thomas Cmar dated 6/3/08 re: Counsel requests that the court reschedule the conference for June 20, 2008 to another date that is convenient for the court. ENDORSEMENT: The conference is adjourned to July 11 at 9:30 am. ( Status Conference set for 7/11/2008 at 09:30 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 6/10/08) (mme) (Entered: 06/10/2008)
2008-06-17	11	ENDORSED LETTER addressed to Judge Denise L. Cote from Serrin Turner dated 6/12/08 re: Counsel requests that the response deadline to the motion be extended two weeks, i.e., until July 7, 2008. Counsel also requests that the court adjourn the initial conference currently scheduled for July 11, 2008 to another date convenient for the court. ENDORSEMENT: Granted. Conference is adjourned to August 1, 2008 at 10:00 am. ( Initial Conference set for 8/1/2008 at 10:00 AM before Judge Denise L. Cote.), Set Deadlines/Hearing as to 6 MOTION for Partial Summary Judgment Granting Public Interest Fee Waiver . (Responses due by 7/7/2008) (Signed by Judge Denise L. Cote on 6/17/08) (mme) (Entered: 06/17/2008)
2008-07-07	12	CROSS MOTION for Partial Summary Judgment. Document filed by United States Environmental Protection Agency.(Turner, Serrin) (Entered: 07/07/2008)
2008-07-07	13	MEMORANDUM OF LAW in Opposition re: 6 MOTION for Partial Summary Judgment Granting Public Interest Fee Waiver . and in Support of Defendant's Cross-Motion for Partial Summary Judgment . Document filed by United States Environmental Protection Agency. (Turner, Serrin) (Entered: 07/07/2008)
2008-07-07	14	DECLARATION of Serrin Turner in Opposition re: 6 MOTION for Partial Summary Judgment Granting Public Interest Fee Waiver .. Document filed by United States Environmental Protection Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Turner, Serrin) (Entered: 07/07/2008)
2008-07-14	15	REPLY MEMORANDUM OF LAW in Support re: 6 MOTION for Partial Summary Judgment Granting Public Interest Fee Waiver . and Opposition to Defendant's Cross-Motion for Partial Summary Judgment . Document filed by Natural Resources Defense Council, Inc.. (Cmar, Thomas) (Entered: 07/14/2008)
2008-07-14	16	DECLARATION of Thomas Cmar in Support re: 6 MOTION for Partial Summary Judgment Granting Public Interest Fee Waiver .. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A)(Cmar, Thomas) (Entered: 07/14/2008)
2008-07-22	17	MOTION for Aaron Colangelo to Appear Pro Hac Vice; w/ attach. affidavit in support. Document filed by Natural Resources Defense Council, Inc..(pl) (Entered: 07/23/2008)
2008-07-24	18	REPLY MEMORANDUM OF LAW in Support re: 12 CROSS MOTION for Partial Summary Judgment.. Document filed by United States Environmental Protection Agency. (Turner, Serrin) (Entered: 07/24/2008)
2008-07-25	19	MEMORANDUM ENDORSEMENT re: 17 Motion for Aaron Colangelo to Appear Pro Hac Vice for plaintiff. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 7/25/08) (db) (Entered: 07/25/2008)
2008-07-25		Transmission to Attorney Admissions Clerk. Transmitted re: 19 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db) (Entered: 07/25/2008)
2008-07-28		CASHIERS OFFICE REMARK on 17 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 7/22/08, Receipt Number 657329. (Quintero, Marcos) (Entered: 07/28/2008)
2008-08-19	20	OPINION AND ORDER #96399: For the reasons set forth in this order, plaintiffs June 3 motion for partial summary judgment and defendants July 7 motion for partial summary judgment are granted in part. (Signed by Judge Denise L. Cote on 8/19/08) (mme) Modified on 8/21/2008 (jpo). (Entered: 08/19/2008)
2008-08-19	21	ORDER: For the reasons set forth in this order, that the parties shall provide the court with a status letter by September 12, 2008. ( Status Report due by 9/12/2008.) (Signed by Judge Denise L. Cote on 8/19/08) (mme) Modified on 8/21/2008 (jpo). Modified on 8/21/2008 (jpo). (Entered: 08/19/2008)
2008-08-29	22	NOTICE OF CHANGE OF ADDRESS by Thomas Joseph Cmar on behalf of Natural Resources Defense Council, Inc.. New Address: Natural Resources Defense Council, 101 N. Wacker Dr., Ste. 609, Chicago, IL, 60606, (312) 780-7430. (Cmar, Thomas) (Entered: 08/29/2008)
2008-09-10	23	ORDER: It is hereby ordered that plaintiff's opposition tot he motion for summary judgment is due Friday, January 9, 2009. Any reply is due by January 9, 2009. It is further ordered that, at the time any reply is filed, plaintiff shall provide two courtesy copies of all motion papers to Chambers by Delivering them to the Courthouse Mailroom, 8th Floor, United States Courthouse, 500 Pearl Street, New York, New York, New York. (Motions due by 1/9/2009. Replies due by 1/23/2009.) (Signed by Judge Denise L. Cote on 9/10/08) (js) (Entered: 09/10/2008)
2008-09-10	24	STIPULATION AND ORDER: 1. EPA shall search for documents responsive to the Narrowed Request and shall produce to NRDC on a rolling basis any responsive documents as to which EPA determines that FOIA exemption applies. EPA determines that no FOIA exemption applies. EPA shall not include within its search any documents created after August 19, 2008. 2. On or before October 31, 2008, EPA shall (a)complete its production of any responsive documents as to which it has determined that no FOIA exemption applies. All other provisions as set forth in this order. (Signed by Judge Denise L. Cote on 9/10/09) (js) (Entered: 09/10/2008)
2008-11-06	25	MOTION for Sarah Lipton-Lubet to Appear Pro Hac Vice. Document filed by Natural Resources Defense Council, Inc.(dle) (Entered: 11/14/2008)
2008-11-20		CASHIERS OFFICE REMARK on 25 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/07/2008, Receipt Number 668331. (jd) (Entered: 11/20/2008)
2008-12-01	26	MEMO ENDORSEMENT: granting 25 Motion for Sarah Lipton-Lubet to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 12/1/08) (mme) (Entered: 12/01/2008)
2008-12-01	27	ORDER Defendants motion for summary judgment is due February 6, 2009; Plaintiffs opposition to the motion is due March 9, 2009; Defendants reply is due March 23, 2009. (Signed by Judge Denise L. Cote on 12/1/08) (mme) (Entered: 12/01/2008)
2009-01-21	28	ENDORSED LETTER addressed to Judge Denise L. Cote from Sarah Lipton-Lubet dated 1/14/209 re: Counsel writes respectfully on behalf of both parties to inform the Court that the parties have agrees that the merits of the case have been resolved, and that no further pleadings or discovery are requires on the merits. ENDORSEMENT: The 12/1/08 schedule is vacated. Any motion for attorney's fees is due 3/20/09. Opposition is due 4/17/09. Reply is due 5/1/09. (Signed by Judge Denise L. Cote on 1/21/2009) (tve) (Entered: 01/21/2009)
2009-02-17	29	NOTICE OF CHANGE OF ADDRESS by Thomas Joseph Cmar on behalf of Natural Resources Defense Council, Inc.. New Address: Natural Resources Defense Council, 2 N. Riverside, Suite 2250, Chicago, IL, USA 60606, (312) 651-7906. (Cmar, Thomas) (Entered: 02/17/2009)
2009-03-16	30	STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL that NRDC hereby dismisses with prejudice any and all claims NRDC now has or may hereafter acquire against EPA or the USA, relating to or arising out of NRDC's FOIA request or fee waiver at issue in this action. EPA shall pay to the NRDC the sum of $12,000.00 in attorneys' fees and litigation costs...The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 3/16/09) (cd) (Entered: 03/16/2009)
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