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Case TitleFREE MARKET ENVIRONMENTAL LAW CLINIC et al v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv01778
Date Filed2013-11-13
Date Closed2014-08-28
JudgeJudge Christopher R. Cooper
PlaintiffFREE MARKET ENVIRONMENTAL LAW CLINIC
PlaintiffENVIRONMENT & ENERGY LAW INSTITUTE
Case DescriptionThe Free Market Environmental Law Clinic requested internal and external correspondence relating to prospective coal export terminals, known as the Northwest Export Terminal, from EPA Region 10 in Seattle. ELC requested a public interest fee waiver. Although EPA Region 6 in Texas had granted ELC a fee waiver for similar records in response to a previous request, EPA Region 10 denied ELC's appeal of the agency's initial denial of a public fee waiver because it had not shown its ability to disseminate the information to a broad audience of persons interested in the subject matter. ELC then filed suit, arguing that EPA has a practice of granting fee waivers to public interest organizations that support its ideological point of view, but not to groups that disagree with the agency.
Complaint issues: Public Interest Fee Waiver - Dissemination

DefendantUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-11-131COMPLAINT FREE MARKET ENVIRONMENTAL LAW CLINIC, et al. against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-3532278) filed by FREE MARKET ENVIRONMENTAL LAW CLINIC. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons EPA Summons, # 3 Summons USA for DC Summons, # 4 Summons AG Summons, # 5 Declaration LCvR7.1 Certificate ELC, # 6 Declaration LCvR7.1 Certificate EELI)(Horner, Christopher) (Entered: 11/13/2013)
2013-11-13Case Assigned to Judge Richard J. Leon. (sth, ) (Entered: 11/14/2013)
2013-11-142Electronic Summons (3)Issued as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth, ) (Entered: 11/14/2013)
2013-11-143STANDING ORDER. Signed by Judge Richard J. Leon on 11/14/2013. (lcrjl3) (Entered: 11/14/2013)
2013-11-274NOTICE of Appearance by Marina Utgoff Braswell on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Braswell, Marina) (Entered: 11/27/2013)
2013-11-295RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 11/18/2013 (Horner, Christopher) (Entered: 11/29/2013)
2013-12-02NOTICE OF ERROR re 5 Summons Returned Executed as to Federal Defendant; emailed to chornerlaw@aol.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. for U.S. Attorney General & U.S. Attorney (jf, ) (Entered: 12/02/2013)
2013-12-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/21/2013., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/25/2013. ( Answer due for ALL FEDERAL DEFENDANTS by 12/25/2013.) (Attachments: # 1 Summons, # 2 Summons, # 3 Certificate of Service)(Horner, Christopher) (Entered: 12/18/2013)
2013-12-187NOTICE of Appearance by Kevin Michael Laden on behalf of All Defendants (Laden, Kevin) (Entered: 12/18/2013)
2013-12-188Consent MOTION for Extension of Time to File Answer by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Laden, Kevin) (Entered: 12/18/2013)
2013-12-19MINUTE ORDER granting 8 Defendant's Consent MOTION for an Extension of Time to File an Answer. It is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall have up to and including 1/22/2014 to respond to the complaint. Signed by Judge Richard J. Leon on 12/19/2013.(lcrjl3) (Entered: 12/19/2013)
2014-01-059First MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David W. Schnare, :Firm- Free Market Environmental Law Clinic, :Address- 9033 Brook Ford Road Burke VA 22015. Phone No. - 571-243-7975. Submitted by FREE MARKET ENVIRONMENTAL LAW CLINIC (Attachments: # 1 Declaration Declaration of pro hac vice applicant)(Horner, Christopher) (Entered: 01/05/2014)
2014-01-09MINUTE ORDER granting 9 Motion for Admission of Attorney Pro Hac Vice. It is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that attorney David W. Schnare shall be admitted pro hac vice in this action. Signed by Judge Richard J. Leon on 1/9/2014. (lcrjl3) (Entered: 01/09/2014)
2014-01-2210ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Laden, Kevin) (Entered: 01/22/2014)
2014-04-0411STIPULATION of Partial Settlement and Order of Dismissal in Part by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Braswell, Marina) (Entered: 04/04/2014)
2014-04-08Case directly reassigned to Judge Christopher R. Cooper. Judge Richard J. Leon no longer assigned to the case. (gt, ) (Entered: 04/08/2014)
2014-05-08MINUTE ORDER: In light of the reassignment of this case to Judge Cooper, the parties are ORDERED to submit a joint status report by Friday, May 16, 2014 at 5 p.m. Signed by Judge Christopher R. Cooper on 5/8/2014. (tcb) (Entered: 05/08/2014)
2014-05-1612AMENDED VOLUNTARY STIPULATION OF PARTIAL SETTLEMENT AND ORDER OF DISMISSAL IN PART by ENVIRONMENT & ENERGY LAW INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC (Schnare, David) Modified on to correct docket text 5/16/2014 (tcb). (Entered: 05/16/2014)
2014-05-1613STATUS REPORT by ENVIRONMENT & ENERGY LAW INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC. (Schnare, David) (Entered: 05/16/2014)
2014-05-19MINUTE ORDER: A telephonic status conference is hereby scheduled for Wednesday, May 21, 2014 at 2:00 PM. The parties are directed to JOINTLY call chambers at 202-354-3480 for the conference or to provide the court with a toll-free conference number to call. Each party calling in to the hearing is ORDERED to call from a landline as opposed to a mobile phone. Signed by Judge Christopher R. Cooper on 5/19/2014. (tcb) (Entered: 05/19/2014)
2014-05-21Minute Entry for proceedings held before Judge Christopher R. Cooper: Telephone Conference held and concluded on 5/21/2014. Parties directed to submit a revised amended voluntary stipulation of partial settlement and order of dismissal in part by Friday, May 23, 2014. (Court Reporter Not Present) (tcb) (Entered: 05/21/2014)
2014-05-2314STIPULATION Second Amended Voluntary Stipulation of Partial Settlement and Order of Dismissal in Part by ENVIRONMENT & ENERGY LAW INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC. (Schnare, David) (Entered: 05/23/2014)
2014-05-2315Second Amended Voluntary Stipulation of Partial Settlement and Order of Dismissal in Part. Signed by Judge Christopher R. Cooper on 5/23/2014. (tcb) (Entered: 05/23/2014)
2014-05-3016NOTICE of Documents Plaintiffs Might Place Before the Court by ENVIRONMENT & ENERGY LAW INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC (Schnare, David) Modified text on 5/30/2014 (td, ). (Entered: 05/30/2014)
2014-07-3117Joint MOTION for Extension of Time to File for Summary Judgment by ENVIRONMENT & ENERGY LAW INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC (Schnare, David) (Entered: 07/31/2014)
2014-08-01MINUTE ORDER granting 17 Motion for Extension of Time. The parties shall file motions for summary judgment on or before August 20, 2014. Signed by Judge Christopher R. Cooper on 8/1/2014. (lccrc2, ) (Entered: 08/01/2014)
2014-08-01Set/Reset Deadlines: Summary Judgment Motions due by 8/20/2014. (mac) (Entered: 08/01/2014)
2014-08-2018Joint MOTION to Dismiss by ENVIRONMENT & ENERGY LAW INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC (Schnare, David) (Entered: 08/20/2014)
2014-08-28MINUTE ORDER granting 18 Joint MOTION to Dismiss; The Court shall retain jurisdiction for the enforcement of the final two settlement duties. Signed by Judge Christopher R. Cooper on 8/28/2014. (tcr) (Entered: 08/28/2014)
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by FOIA Project Staff
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