Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that the EPA properly withheld records under Exemption 4 (commercial and confidential) concerning exemptions requested by small refineries from producing a certain volume of renewable fuel each year after finding the agency had shown that the records were commercial and that the submitting refineries treated the information as confidential. In response to a request from the Renewable Fuels Association and Growth Energy for records identifying refineries that had requested the exemption, the agency identified 72 decision documents from 2015 to 2017 but withheld the petitioner's name and the location of the facility, arguing those data elements qualified as both commercial and confidential. Boasberg agreed to conduct an in camera review. Although the Renewable Fuels Association and Growth Energy argued that the EPA had failed to show that the records were "obtained from a person" as required by Exemption 4, Boasberg gave the agency the benefit of the doubt, noting that "given EPA's consistent and repeated explanations that it withheld the names and locations of refineries because of what it would reveal about those refineries, not in order to protect the names and locations in and of themselves, the Court will not put on blinkers in interpreting the agency's [obtained from a person] analysis." He noted that "disclosing the name and location of the refinery at issue in an EPA decision document would also necessarily reveal a separate piece of commercial information â€" namely, that the refinery has petitioned for an exemption in the first place." Finding the information was commercial, Boasberg noted that "where 'the identities of which companies participated in [a government program]' or have sought to participate in that program 'could have a commercial or financial impact on the companies involved,' the fact of participation itself constitutes commercial information." As to seven decision documents it intended to withhold, Boasberg found the EPA had not sufficiently justified that the records were customarily confidential because the refineries in question had only shown they treated one year's petition as confidential rather than showing a consistent policy of confidentiality. He pointed out that "while a refinery that, for instance, kept its 2015 petition secret while disclosing its 2016 petition 'actually' treated its 2015 petition as confidential, it is difficult to say that it 'customarily' treated its seeking of relief so." In Food Marketing Institute v. Argus Leader Media, 139 S. Ct. 2356 (2019), the Supreme Court rejected the substantial harm test as not being supported by the plain language of Exemption 4 and concluded that records qualified under Exemption 4 if they were commercial and customarily treated as confidential by the submitter, and if the agency had provided an assurance of confidentiality. However, the Supreme Court did not address the issue of whether records could be considered confidential without any assurance of confidentiality on the part of the agency. Since there was no clear assurance of confidentiality by the agency, Boasberg fell back on the D.C. Circuit precedent established in Critical Mass considering information confidential if the submitter treated it as such. Here, Boasberg observed that "under that test, the refinery information at issue here qualifies as confidential. Were this Court to hold that the information is not confidential because a second necessary condition exists that is not met here, it would essentially be overruling Critical Mass or at least declining to faithfully apply it. Absent a Supreme Court holding squarely abrogating Circuit precedent â€" which Food Marketing clearly is not â€" this Court has no power to depart from the result mandated by that precedent."
Issues: Exemption 4 - Confidential business information, Exemption 4 - Obtained from a person

Date Filed	Doc #	Docket Text
2018-08-30	1	COMPLAINT against UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5664971) filed by Renewable Fuels Association, Growth Energy. (Attachments: # 1 Exhibit A-V, # 2 Civil Cover Sheet, # 3 Summons USEPA, # 4 Summons UDOE, # 5 Summons USADC, # 6 Summons DOJ)(Morrison, Matthew) (Attachment 2 replaced on 8/30/2018) (zsth). (Entered: 08/30/2018)
2018-08-30	2	Corporate Disclosure Statement by Growth Energy, Renewable Fuels Association. (Morrison, Matthew) (Entered: 08/30/2018)
2018-08-30		Case Assigned to Judge James E. Boasberg. (zsth) (Entered: 08/30/2018)
2018-08-30	3	SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 08/30/2018)
2018-08-30	4	NOTICE of Appearance by Seth Paul Waxman on behalf of GROWTH ENERGY (Waxman, Seth) (Entered: 08/30/2018)
2018-09-04	5	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David M. Lehn, :Firm- Wilmer Cutler Pickering Hale and Dorr LLP, :Address- 1875 Pennsylvania Avenue, NW, Washington, DC 20006. Phone No. - 202-663-6910. Fax No. - 202-663-6363 Filing fee $ 100, receipt number 0090-5670585. Fee Status: Fee Paid. by GROWTH ENERGY (Attachments: # 1 Declaration of David M. Lehn in Support of Motion, # 2 Text of Proposed Order)(Waxman, Seth) (Entered: 09/04/2018)
2018-09-04	6	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Claire H. Chung, :Firm- Wilmer Cutler Pickering Hale and Dorr LLP, :Address- 1875 Pennsylvania Avenue NW, 20006. Phone No. - 202-663-6641. Fax No. - 202-663-6363 Filing fee $ 100, receipt number 0090-5670812. Fee Status: Fee Paid. by GROWTH ENERGY (Attachments: # 1 Declaration of Claire H. Chung in Support of Motion, # 2 Text of Proposed Order)(Waxman, Seth) (Entered: 09/04/2018)
2018-09-04		MINUTE ORDER GRANTING 5 Motion for Admission Pro Hac Vice of DAVID M. LEHN. So ORDERED by Judge James E. Boasberg on 9/4/2018. (lcjeb3) (Entered: 09/04/2018)
2018-09-04		MINUTE ORDER GRANTING 6 Motion for Admission Pro Hac Vice of CLAIRE H. CHUNG. So ORDERED by Judge James E. Boasberg on 9/4/2018. (lcjeb3) (Entered: 09/04/2018)
2018-09-06	7	NOTICE of Appearance by Bryan Matthew Stockton on behalf of All Plaintiffs (Stockton, Bryan) (Entered: 09/06/2018)
2018-10-02	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/19/2018. Answer due for ALL FEDERAL DEFENDANTS by 10/19/2018. (Morrison, Matthew); Modified text on 10/9/2018 (tth). (Entered: 10/02/2018)
2018-10-02	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/24/2018. (Morrison, Matthew) (Entered: 10/02/2018)
2018-10-02	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 9/18/2018 (Morrison, Matthew) (Entered: 10/02/2018)
2018-10-16	11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF ENERGY served on 10/5/2018 (Morrison, Matthew) (Entered: 10/16/2018)
2018-10-17	12	NOTICE of Appearance by Matthew Evan Kahn on behalf of All Defendants (Kahn, Matthew) (Entered: 10/17/2018)
2018-10-17	13	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kahn, Matthew) (Entered: 10/17/2018)
2018-10-18		MINUTE ORDER GRANTING Consent 13 Motion for Extension of Time to File Answer. The Court ORDERS that Defendants shall file their Answer by November 19, 2018. So ORDERED by Judge James E. Boasberg on 10/18/2018. (lcjeb3) (Entered: 10/18/2018)
2018-10-18		Set/Reset Deadlines: Answer due by 11/19/2018. (znbn) (Entered: 10/18/2018)
2018-11-19	14	ANSWER to Complaint by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Kahn, Matthew) (Entered: 11/19/2018)
2018-11-20		MINUTE ORDER: The Court ORDERS that the parties shall meet, confer, and submit a joint proposed briefing schedule by December 4, 2019. So ORDERED by Judge James E. Boasberg on 11/20/2018. (lcjeb3) (Entered: 11/20/2018)
2018-11-20		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 12/4/2018. (znbn) (Entered: 11/21/2018)
2018-12-04	15	PROPOSED BRIEFING SCHEDULE by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kahn, Matthew) (Entered: 12/04/2018)
2018-12-06		ENTERED IN ERROR.....Set/Reset Deadlines/Hearings: Responses due by 1/31/2019. Status Conference set for 3/7/2019 at 10:00 AM in Courtroom 25 before Judge James E. Boasberg. (znbn) Modified on 2/22/2019 (znbn). (Entered: 12/07/2018)
2018-12-07		MINUTE ORDER: Per the parties' 15 Joint Proposed Schedule, the Court ORDERS that the parties submit a further joint status report by January 10, 2019. EPA and DOE should have completed their searches, and the parties will be in a better position to submit a proposed briefing schedule. So ORDERED by Judge James E. Boasberg on 12/7/2018. (lcjeb3) (Entered: 12/07/2018)
2018-12-07		Set/Reset Deadlines: Joint Status Report due by 1/10/2019. (znbn) (Entered: 12/07/2018)
2019-01-02	16	Consent MOTION to Stay by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kahn, Matthew). Added MOTION for Extension of Time to on 1/2/2019 (tth). (Entered: 01/02/2019)
2019-01-02		MINUTE ORDER GRANTING 16 Motion to Stay. The Court ORDERS that Defendants shall file a status report within seven calendar days after Congress has appropriated funds for the Department of Justice and Defendants. So ORDERED by Judge James E. Boasberg on 1/2/2019. (lcjeb1) (Entered: 01/02/2019)
2019-02-01	17	STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kahn, Matthew) (Entered: 02/01/2019)
2019-02-04		MINUTE ORDER: The Court ADOPTS Defendants' 17 Status Report and ORDERS that they shall submit a status report by February 22, 2019, in which they outline EPA's production schedule and the status of DOE's final production. So ORDERED by Judge James E. Boasberg on 2/4/2019. (lcjeb3) (Entered: 02/04/2019)
2019-02-04		Set/Reset Deadlines: Status Report due by 2/22/2019. (znbn) (Entered: 02/04/2019)
2019-02-21	18	STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kahn, Matthew) (Entered: 02/21/2019)
2019-02-22		MINUTE ORDER: The Court ADOPTS Defendants' 18 Status Report and ORDERS that the parties shall file a joint status report on or before March 29, 2019. So ORDERED by Judge James E. Boasberg on 2/22/2019. (lcjeb3) (Entered: 02/22/2019)
2019-02-22		Set/Reset Deadlines: Joint Status Report due by 3/29/2019. (znbn) (Entered: 02/22/2019)
2019-03-29	19	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Kahn, Matthew) (Entered: 03/29/2019)
2019-04-01		MINUTE ORDER: The Court ADOPTS the parties' 19 Joint Status Report and ORDERS that they shall file another joint status report on or before April 29, 2019. So ORDERED by Judge James E. Boasberg on 4/1/2019. (lcjeb3) (Entered: 04/01/2019)
2019-04-01		Set/Reset Deadlines: Joint Status Report due by 4/29/2019. (znbn) (Entered: 04/01/2019)
2019-04-29	20	Joint STATUS REPORT by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION. (Morrison, Matthew) (Entered: 04/29/2019)
2019-04-30		MINUTE ORDER: The Court ADOPTS the parties' 20 Joint Status Report and ORDERS that they shall file another joint status report on or before May 30, 2019. So ORDERED by Judge James E. Boasberg on 4/30/2019. (lcjeb3) (Entered: 04/30/2019)
2019-04-30		Set/Reset Deadlines: Joint Status Report due by 5/30/2019. (znbn) (Entered: 04/30/2019)
2019-05-30	21	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kahn, Matthew) (Entered: 05/30/2019)
2019-05-31		MINUTE ORDER: The Court ADOPTS the parties' 21 Joint Status Report and ORDERS that they shall file another joint status report on or before July 8, 2019. So ORDERED by Judge James E. Boasberg on 5/31/2019. (lcjeb3) (Entered: 05/31/2019)
2019-05-31		Set/Reset Deadlines: Joint Status Report due by 7/8/2019. (znbn) (Entered: 06/03/2019)
2019-07-08	22	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kahn, Matthew) (Entered: 07/08/2019)
2019-07-09		MINUTE ORDER: The Court ADOPTS the parties' 22 Joint Status Report and ORDERS that they shall file another joint status report on or before August 9, 2019. So ORDERED by Judge James E. Boasberg on 7/9/2019. (lcjeb3) (Entered: 07/09/2019)
2019-07-09		Set/Reset Deadlines: Joint Status Report due by 8/9/2019. (znbn) (Entered: 07/09/2019)
2019-07-12	23	MOTION for Protective Order by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kahn, Matthew) (Entered: 07/12/2019)
2019-07-26	24	Memorandum in opposition to re 23 MOTION for Protective Order filed by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Text of Proposed Order Proposed Order)(Morrison, Matthew) (Entered: 07/26/2019)
2019-08-02	25	Consent MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Protective Order by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kahn, Matthew) (Entered: 08/02/2019)
2019-08-05		MINUTE ORDER GRANTING Consent 25 Motion for Extension of Time. The Court ORDERS that Defendant shall file its reply to Plaintiffs' Opposition to its Motion for Protective Order by August 9, 2019. So ORDERED by Judge James E. Boasberg on 8/5/2019. (lcjeb1) (Entered: 08/05/2019)
2019-08-05		Set/Reset Deadlines: Replies due by 8/9/2019. (znbn) (Entered: 08/05/2019)
2019-08-09	26	Joint STATUS REPORT by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION. (Morrison, Matthew) (Entered: 08/09/2019)
2019-08-12		MINUTE ORDER: The Court ADOPTS the parties' 26 Joint Status Report and ORDERS that they shall file another joint status report on or before September 13, 2019. So ORDERED by Judge James E. Boasberg on 8/12/2019. (lcjeb3) (Entered: 08/12/2019)
2019-08-12		Set/Reset Deadlines: Joint Status Report due by 9/13/2019. (tg) (Entered: 08/12/2019)
2019-08-16	27	REPLY to opposition to motion re 23 MOTION for Protective Order filed by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kahn, Matthew) (Entered: 08/16/2019)
2019-08-26	28	Consent MOTION for Extension of Time to File Joint Status Report by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kahn, Matthew) (Entered: 08/26/2019)
2019-08-27		MINUTE ORDER: The Court ORDERS that Defendants' 28 Consent Motion for Extension of Time is GRANTED. The parties shall submit a joint status report by September 20, 2019. So ORDERED by Judge James E. Boasberg on 8/27/2019. (lcjeb3) (Entered: 08/27/2019)
2019-08-27		Set/Reset Deadlines: Joint Status Report due by 9/20/2019. (znbn) (Entered: 08/27/2019)
2019-09-03		MINUTE ORDER: The Court sees no basis to delay briefing on the clawback issue, particularly given that the Government faces an uphill climb where the document is publicly available via a third party. As a result, the Court ORDERS that: 1) Defendant's 23 Motion for Protective Order is DENIED; 2) Defendant shall respond by September 17, 2019, to Plaintiff's 24 clawback arguments; 3) Plaintiff may file a reply by September 24, 2019, to such response; and 4) Plaintiff shall not use or disseminate the record until the Court rules. So ORDERED by Judge James E. Boasberg on 9/3/2019. (lcjeb3) (Entered: 09/03/2019)
2019-09-03		Set/Reset Deadlines: Responses due by 9/17/2019. Replies due by 9/24/2019. (znbn) (Entered: 09/04/2019)
2019-09-17	29	MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kahn, Matthew) (Entered: 09/17/2019)
2019-09-18		MINUTE ORDER GRANTING Defendants' 29 Motion for Extension of Time. The Court ORDERS that Defendants shall file its response by September 24, 2019. So ORDERED by Judge James E. Boasberg on 09/18/2019. (lcjeb3) (Entered: 09/18/2019)
2019-09-18		Set/Reset Deadlines: Responses due by 9/24/2019. (znbn) (Entered: 09/18/2019)
2019-09-19	30	Joint MOTION for Extension of Time to File Joint Status Report by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION (Morrison, Matthew) (Entered: 09/19/2019)
2019-09-19		MINUTE ORDER GRANTING the parties' 30 Motion for Extension of Time. The Court ORDERS that the parties shall file another joint status report by September 27, 2019. So ORDERED by Judge James E. Boasberg on 9/19/2019. (lcjeb3) (Entered: 09/19/2019)
2019-09-19		Set/Reset Deadlines: Joint Status Report due by 9/27/2019. (znbn) (Entered: 09/20/2019)
2019-09-24	31	NOTICE by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY re Order on Motion for Protective Order,, (Kahn, Matthew) (Entered: 09/24/2019)
2019-09-27	32	Joint STATUS REPORT by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION. (Morrison, Matthew) (Entered: 09/27/2019)
2019-09-30		MINUTE ORDER ADOPTING the parties' 32 Joint Status Report. The Court ORDERS that the parties shall submit a further joint status report by November 1, 2019. So ORDERED by Judge James E. Boasberg on 9/30/2019. (lcjeb3) (Entered: 09/30/2019)
2019-09-30		Set/Reset Deadlines: Joint Status Report due by 11/1/2019. (znbn) (Entered: 09/30/2019)
2019-10-04	33	MOTION for Hearing by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION (Morrison, Matthew) (Entered: 10/04/2019)
2019-10-07		MINUTE ORDER: The Court ORDERS that: 1) Plaintiff's 33 Motion is GRANTED; and 2) The parties shall appear for a hearing on October 28, 2019, at 10:30 a.m. So ORDERED by Judge James E. Boasberg on 10/7/2019. (lcjeb3) (Entered: 10/07/2019)
2019-10-07		Set/Reset Hearings: Status Conference set for 10/28/2019 at 10:30 AM before Judge James E. Boasberg. (znbn) (Entered: 10/07/2019)
2019-10-10		MINUTE ORDER: Given Defendant's 31 Notice that it will no longer be litigating its prior clawback demand, the Court ORDERS that Plaintiffs are free to disseminate the record previously disputed in Defendant's 23 Protective Order. So ORDERED by Judge James E. Boasberg on 10/10/2019. (lcjeb1) (Entered: 10/10/2019)
2019-10-25	34	NOTICE of Appearance by Denise M. Clark on behalf of All Defendants (Clark, Denise) (Entered: 10/25/2019)
2019-10-28		Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 10/28/2019. Oral discussions heard, Order forthcoming. Joint Status Report due by 1/31/2020. (Court Reporter Lisa Griffith) (znbn) (Entered: 10/28/2019)
2019-10-28		MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that: 1) By January 31, 2020, Defendants shall release Phase I records where the CBI is not challenged by the submitter; 2) By the same date, the parties shall submit a Joint Status Report; and 3) Defendants shall begin the production of Phase III records by November 20, 2019, and shall review 750 records per month and make bi-monthly releases. So ORDERED by Judge James E. Boasberg on 10/28/2019. (lcjeb3) (Entered: 10/28/2019)
2019-11-27	35	NOTICE OF SUBSTITUTION OF COUNSEL by Michelle D. Jackson on behalf of All Defendants Substituting for attorney Denise M. Clark (Jackson, Michelle) (Entered: 11/27/2019)
2020-01-23	36	Consent MOTION for Extension of Time to by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Jackson, Michelle) (Entered: 01/23/2020)
2020-01-24		MINUTE ORDER: The Court ORDERS that: 1) Defendants' 36 Motion is GRANTED; 2) By February 7, 2020, Defendants shall release Phase III records; and 3) By the same date, Defendants shall release any Phase I records where the CBI is not challenged by the submitter and were not disclosed to Plaintiffs on January 31, 2020. So ORDERED by Judge James E. Boasberg on 1/24/2020. (lcjeb3) (Entered: 01/24/2020)
2020-01-24		Set/Reset Deadlines: Defendants shall release Phase III records and any Phase I records where the CBI is not challenged by the submitter and were not disclosed to Plaintiffs on 1/31/20 by 2/7/2020. (nbn) (Entered: 01/24/2020)
2020-01-31	37	MOTION for Extension of Time to File Joint Status Report by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Jackson, Michelle) (Entered: 01/31/2020)
2020-02-03	38	MINUTE ORDER: The Court ORDERS that: (1) The parties' 37 Motion for Extension of Time is GRANTED; and (2) The parties shall submit a joint status report by February 7, 2020. So ORDERED by Judge James E. Boasberg on 2/3/2020. (lcjeb3) (Entered: 02/03/2020)
2020-02-03		Set/Reset Deadlines: Joint Status Report due by 2/7/2020. (nbn) (Entered: 02/03/2020)
2020-02-06	39	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Jackson, Michelle) (Entered: 02/06/2020)
2020-02-07		MINUTE ORDER: The Court ADOPTS the parties' 39 Joint Status Report and ORDERS that they shall file a further joint status report by March 17, 2020. So ORDERED by Judge James E. Boasberg on 2/7/2020. (lcjeb3) (Entered: 02/07/2020)
2020-02-07		Set/Reset Deadlines: Joint Status Report due by 3/17/2020. (nbn) (Entered: 02/07/2020)
2020-03-17	40	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Jackson, Michelle) (Entered: 03/17/2020)
2020-03-18		MINUTE ORDER: The Court ADOPTS the parties' 40 Joint Status Report and ORDERS that they shall file a further joint status report by April 30, 2020. So ORDERED by Judge James E. Boasberg on 3/18/2020. (lcjeb2) (Entered: 03/18/2020)
2020-03-18		Set/Reset Deadlines: Joint Status Report due by 4/30/2020. (nbn) (Entered: 03/18/2020)
2020-03-19	41	NOTICE OF WITHDRAWAL OF APPEARANCE as to GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION. Attorney Bryan Matthew Stockton terminated. (Stockton, Bryan) (Entered: 03/19/2020)
2020-04-30	42	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Graham-Oliver, Heather) (Entered: 04/30/2020)
2020-05-01		MINUTE ORDER: The Court ADOPTS the parties' 42 Joint Status Report and ORDERS that they file a further joint status report by May 30, 2020. So ORDERED by Judge James E. Boasberg on 5/1/2020. (lcjeb3) (Entered: 05/01/2020)
2020-05-01		Set/Reset Deadlines: Joint Status Report due by 5/30/2020. (znbn) (Entered: 05/01/2020)
2020-05-04	43	NOTICE of Appearance by Shelby Leigh Dyl on behalf of All Plaintiffs (Dyl, Shelby) (Main Document 43 replaced on 5/5/2020) (ztth). (Entered: 05/04/2020)
2020-05-14	44	WITHDRAWN PURSUANT TO ERRATA FILED ON 5/15/2020.....NOTICE OF SUBSTITUTION OF COUNSEL by Kristin Brudy-Everett on behalf of All Defendants Substituting for attorney Michelle D. Jackson (Brudy-Everett, Kristin); Modified on 5/15/2020 (ztth). (Entered: 05/14/2020)
2020-05-15	45	Amended NOTICE OF SUBSTITUTION OF COUNSEL by Kristin Brudy-Everett on behalf of All Defendants Substituting for attorney Michelle D. Jackson . (Attachments: # 1 Supplement Corrected Substitution of Counsel)(Brudy-Everett, Kristin) Modified event title on 5/18/2020 (znmw). (Entered: 05/15/2020)
2020-05-29	46	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 05/29/2020)
2020-06-01		MINUTE ORDER: The Court ADOPTS the parties' 46 Joint Status Report and ORDERS that they shall submit a further joint status report by July 30, 2020. So ORDERED by Judge James E. Boasberg on 6/1/2020. (lcjeb3) (Entered: 06/01/2020)
2020-06-01		Set/Reset Deadlines: Joint Status Report due by 7/30/2020. (znbn) (Entered: 06/01/2020)
2020-07-01	47	Consent MOTION for Hearing by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION (Dyl, Shelby) (Entered: 07/01/2020)
2020-07-01		MINUTE ORDER: The Court GRANTS Plaintiffs' 47 Motion for a Status Conference and ORDERS that a telephonic conference call is hereby set for Wednesday, July 8, 2020, at 2:00 p.m. The Court ORDERS that the parties shall dial into Chambers' toll-free conference-call number, (877) 402-9753, at this time. Chambers will contact the parties via email with the dial-in code. So ORDERED by Judge James E. Boasberg on 7/1/2020. (lcjeb3) (Entered: 07/01/2020)
2020-07-01		Set/Reset Hearings: Status Conference set for 7/8/2020 at 02:00 PM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 07/02/2020)
2020-07-06		MINUTE ORDER: At the parties' request, the Court ORDERS that the hearing set for July 8, 2020, is VACATED and RESET for July 23, 2020, at 2:00 p.m. So ORDERED by Judge James E. Boasberg on 7/6/2020. (lcjeb3) (Entered: 07/06/2020)
2020-07-06		Set/Reset Hearings: Status Conference set for 7/23/2020 at 02:00 PM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 07/07/2020)
2020-07-23	48	RESPONSE re 47 Consent MOTION for Hearing filed by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Brudy-Everett, Kristin) (Entered: 07/23/2020)
2020-07-23		MINUTE ORDER: As discussed in today's telephonic hearing, the Court ORDERS that: 1) By September 10, 2020, Defendant shall produce to Plaintiffs the five data elements (unless claimed as CBI) listed on ECF No. 48 at 3; 2) Plaintiffs agree to a stay in the processing of Phase II and III documents; and 3) The parties shall submit a joint status report by September 17, 2020. So ORDERED by Judge James E. Boasberg on 7/23/2020. (lcjeb3) (Entered: 07/23/2020)
2020-07-23		Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 7/23/2020. Joint Status Report due by 9/17/2020. (Court Reporter Lisa Griffith) (znbn) (Entered: 07/23/2020)
2020-09-11	49	Joint MOTION for Extension of Time to File Joint Status Report by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION (Dyl, Shelby) (Entered: 09/11/2020)
2020-09-11		MINUTE ORDER GRANTING 49 Motion for Extension of Time. The Court ORDERS that the parties shall file a joint status report by September 29, 2020. So ORDERED by Judge James E. Boasberg on 09/11/2020. (lcjeb3) (Entered: 09/11/2020)
2020-09-11		Set/Reset Deadlines: Status Report due by 9/29/2020. (znbn) (Entered: 09/14/2020)
2020-09-29	50	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 09/29/2020)
2020-09-30		MINUTE ORDER: The Court ADOPTS the parties' 50 Joint Status Report and ORDERS that they shall file a further joint status report by October 30, 2020. So ORDERED by Judge James E. Boasberg on 09/30/2020. (lcjeb3) (Entered: 09/30/2020)
2020-09-30		Set/Reset Deadlines: Joint Status Report due by 10/30/2020. (znbn) (Entered: 10/05/2020)
2020-09-30		Set/Reset Deadlines: Joint Status Report due by 10/30/2020. (znbn) (Entered: 10/05/2020)
2020-10-27	51	MOTION for Partial Summary Judgment by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Morrison, Matthew) (Entered: 10/27/2020)
2020-10-30	52	STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Brudy-Everett, Kristin) (Entered: 10/30/2020)
2020-11-02	53	RESPONSE re 52 STATUS REPORT by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION. (Morrison, Matthew) Modified event title and link on 11/3/2020 (znmw). (Entered: 11/02/2020)
2020-11-02		MINUTE ORDER: The Court ORDERS that a status hearing is scheduled for November 6, 2020, at 10:30 a.m. So ORDERED by Judge James E. Boasberg on 11/02/2020. (lcjeb3) (Entered: 11/02/2020)
2020-11-02	54	NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. Attorney Matthew Evan Kahn terminated. (Brudy-Everett, Kristin) (Entered: 11/02/2020)
2020-11-02		Set/Reset Hearings: Status Conference set for 11/6/2020 at 10:30 AM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 11/03/2020)
2020-11-06		MINUTE ORDER: As discussed in today's status hearing, the Court ORDERS that: 1) Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment is due by December 10, 2020, with Plaintiffs' Reply due by December 21, 2020; and 2) The parties shall submit a further Joint Status Report by January 8, 2021. So ORDERED by Judge James E. Boasberg on 11/06/2020. (lcjeb3) (Entered: 11/06/2020)
2020-11-06		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/10/2020. Reply to Motion for Summary Judgment due by 12/21/2020. Joint Status Report due by 1/8/2021. (znbn) (Entered: 11/09/2020)
2020-11-06		Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 11/6/2020. (Court Reporter Lisa Griffith) (nbn) (Entered: 11/12/2020)
2020-12-09	55	Consent MOTION to Modify the Briefing Schedule by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Brudy-Everett, Kristin) (Entered: 12/09/2020)
2020-12-09	56	ERRATA by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 55 Consent MOTION to Modify the Briefing Schedule filed by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Brudy-Everett, Kristin) (Entered: 12/09/2020)
2020-12-10		MINUTE ORDER GRANTING Consent 55 Motion to Modify, as amended via 56 Errata. The Court ORDERS that Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment is due by December 11, 2020, with Plaintiffs' Reply due by December 22, 2020. So ORDERED by Judge James E. Boasberg on 12/10/2020. (lcjeb3) (Entered: 12/10/2020)
2020-12-10		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/11/2020. Reply to Motion for Summary Judgment due by 12/22/2020. (nbn) (Entered: 12/10/2020)
2020-12-11	57	Joint MOTION to Modify the Briefing Schedule by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Brudy-Everett, Kristin) (Entered: 12/11/2020)
2020-12-11		MINUTE ORDER GRANTING 57 Joint Motion to Modify. The Court ORDERS that Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment is due by December 15, 2020, with Plaintiffs' Reply due by January 5, 2021. So ORDERED by Judge James E. Boasberg on 12/11/2020. (lcjeb3) (Entered: 12/11/2020)
2020-12-11		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/15/2020. Reply to Motion for Summary Judgment due by 1/5/2021. (nbn) (Entered: 12/11/2020)
2020-12-15	58	Memorandum in opposition to re 51 MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Statement of Facts, # 2 Declaration of Kevin M. Miller, # 3 Exhibit Vaughn Index, # 4 Exhibit A, # 5 Exhibit B)(Brudy-Everett, Kristin) (Entered: 12/15/2020)
2021-01-05	59	REPLY to opposition to motion re 51 MOTION for Partial Summary Judgment filed by GROWTH ENERGY, RENEWABLE FUELS ASSOCIATION. (Morrison, Matthew) (Entered: 01/05/2021)
2021-01-08	60	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 01/08/2021)
2021-01-21		MINUTE ORDER: The Court ORDERS that by Monday, January 25, 2021, Defendants shall provide to the Court, for in camera review, copies of "the affected refineries' substantiations and EPA's confidentiality determinations" for those refineries. See ECF No. 58 at 26, 31. So ORDERED by Judge James E. Boasberg on 1/21/2021. (lcjeb2) (Entered: 01/21/2021)
2021-01-21		Set/Reset Deadlines: In-Camera Submission due by 1/25/2021. (znbn) (Entered: 01/21/2021)
2021-02-04	61	ORDER: The Court ORDERS that: (1) Plaintiffs' 51 Motion for Partial Summary Judgment is GRANTED IN PART and DENIED IN PART; (2) The case is REMANDED IN PART to EPA to reconsider its withholding decisions as to the seven records identified in the Sealed Appendix to the Court's Opinion; (3) EPA shall file a status report by February 18, 2021, updating the Court as to its position on the seven records; and (4) The processing and production of Phase II and Phase III documents remains STAYED. Signed by Judge James E. Boasberg on 2/4/2021. (lcjeb2) (Entered: 02/04/2021)
2021-02-04	62	MEMORANDUM OPINION re 61 Order on Motion for Partial Summary Judgment. Signed by Judge James E. Boasberg on 2/4/2021. (lcjeb2) (Entered: 02/04/2021)
2021-02-04	63	SEALED APPENDIX TO 62 MEMORANDUM OPINION. (This document is SEALED and only available to authorized persons.)(zlsj) (Entered: 02/04/2021)
2021-02-16		MINUTE ORDER: ERRATUM: The following sentence shall replace the first full sentence on p. 16 of the Court's 62 Memorandum Opinion: "The agency appears to have concluded that so long as a refinery closely held one petition, regardless of whether it disclosed its petitions in other years, the one closely held petition was 'customarily and actually treated as private.'" A Corrected Memorandum Opinion reflecting this correction is docketed hereafter. So ORDERED by Judge James E. Boasberg on 2/16/2021. (lcjeb2) (Entered: 02/16/2021)
2021-02-16	64	CORRECTED MEMORANDUM OPINION re 61 Order on Motion for Partial Summary Judgment. Signed by Judge James E. Boasberg on 2/16/2021. (lcjeb2) (Entered: 02/16/2021)
2021-02-18	65	STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 02/18/2021)
2021-02-19		MINUTE ORDER: The Court ADOPTS Defendant's 65 Status Report and ORDERS that they shall file a further status report by April 12, 2021. So ORDERED by Judge James E. Boasberg on 2/19/2021. (lcjeb2) (Entered: 02/19/2021)
2021-02-19		Set/Reset Deadlines: Status Report due by 4/12/2021. (nbn) (Entered: 02/19/2021)
2021-04-12	66	STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Brudy-Everett, Kristin) (Entered: 04/12/2021)
2021-04-13		MINUTE ORDER: The Court ADOPTS Defendant's 66 Status Report and ORDERS that it shall provide to the Court, for in camera review, copies of the new final confidentiality determinations and the affected refineries' substantiations by April 20, 2021. So ORDERED by Judge James E. Boasberg on 4/13/2021. (lcjeb1) (Entered: 04/13/2021)
2021-04-13		Set/Reset Deadlines: In-Camera Submission due by 4/20/2021. (nbn) (Entered: 04/14/2021)
2021-06-01		MINUTE ORDER: The Court ORDERS that a telephone status conference is hereby set for June 14, 2021, at 3 PM to discuss next steps in this litigation. Chambers will contact the parties with the dial-in information. So ORDERED by Judge James E. Boasberg on 6/1/2021. (lcjeb2) (Entered: 06/01/2021)
2021-06-01		Set/Reset Hearings: Status Conference set for 6/14/2021 at 03:00 PM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 06/02/2021)
2021-06-14		MINUTE ORDER: As discussed in today's status conference, the Court ORDERS that the parties shall file a joint status report proposing further steps in the litigation by June 28, 2021. So ORDERED by Judge James E. Boasberg on 6/14/2021. (lcjeb2) (Entered: 06/14/2021)
2021-06-14		Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 6/14/2021. Forthcoming Order. (Court Reporter: Lisa Griffith) (lsj) (Entered: 06/14/2021)
2021-06-14		Set/Reset Deadlines: Joint Status Report due by 6/28/2021 (lsj) (Entered: 06/14/2021)
2021-06-24	67	TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 6-14-21; Page Numbers: 1-6. Date of Issuance:6-24-21. Court Reporter/Transcriber Lisa W Griffith, Telephone number 202-354-3247, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/15/2021. Redacted Transcript Deadline set for 7/25/2021. Release of Transcript Restriction set for 9/22/2021.(Griffith, Lisa) (Entered: 06/24/2021)
2021-06-24	68	TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 7-23-20; Page Numbers: 1-15. Date of Issuance:6-24-21. Court Reporter/Transcriber Lisa W Griffith, Telephone number 202-354-3247, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/15/2021. Redacted Transcript Deadline set for 7/25/2021. Release of Transcript Restriction set for 9/22/2021.(Griffith, Lisa) (Entered: 06/24/2021)
2021-06-24	69	TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 11-6-20; Page Numbers: 1-9. Date of Issuance:6-24-21. Court Reporter/Transcriber Lisa W Griffith, Telephone number 202-354-3247, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/15/2021. Redacted Transcript Deadline set for 7/25/2021. Release of Transcript Restriction set for 9/22/2021.(Griffith, Lisa) (Entered: 06/24/2021)
2021-06-28	70	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Brudy-Everett, Kristin) (Entered: 06/28/2021)
2021-06-29		MINUTE ORDER: The Court ORDERS that a telephone status conference is hereby set for July 8, 2021, at 11 AM. Chambers will contact the parties with the dial-in information. So ORDERED by Judge James E. Boasberg on 6/29/2021. (lcjeb2) (Entered: 06/29/2021)
2021-06-29		Set/Reset Hearings: Status Conference set for 7/8/2021 at 11:00 AM in Telephonic/VTC before Judge James E. Boasberg. (nbn) (Entered: 06/29/2021)
2021-06-30	71	NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez-Horowitz on behalf of All Defendants Substituting for attorney Kristin Brudy-Everett (Gonzalez-Horowitz, Brenda) (Entered: 06/30/2021)
2021-07-08		MINUTE ORDER: As discussed in today's status hearing, the Court ORDERS that: 1) The stay is lifted as to Phase II and III documents, which the Government shall resume processing; 2) It shall make bi-monthly productions starting August 31, 2021, and continuing on the last day of every other month thereafter; 3) The parties shall file bi-monthly Joint Status Reports on the same dates; 4) The Government shall have two months to complete its first-line review of the remaining 1600 documents and then six months thereafter to complete its CBI review; and 5) It shall complete the equity review of the 300 documents within 60 days. So ORDERED by Judge James E. Boasberg on 7/8/2021. (lcjeb3) (Entered: 07/08/2021)
2021-07-08		Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 7/8/2021. See Minute Order filed on July 8, 2021 for full details. (Court Reporter Janice Dickman) (znbn) (Entered: 07/08/2021)
2021-08-31	72	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Gonzalez-Horowitz, Brenda) (Entered: 08/31/2021)
2021-09-01		MINUTE ORDER: The Court ADOPTS the parties' 72 Joint Status Report and ORDERS that they shall file a further joint status report by October 1, 2021. So ORDERED by Judge James E. Boasberg on 9/1/2021. (lcjeb3) (Entered: 09/01/2021)
2021-09-01		Set/Reset Deadlines: Joint Status Report due by 10/1/2021. (znbn) (Entered: 09/02/2021)
2021-10-01	73	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Gonzalez-Horowitz, Brenda) (Entered: 10/01/2021)
2021-11-01	74	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Gonzalez-Horowitz, Brenda) (Entered: 11/01/2021)
2021-11-02		MINUTE ORDER: The Court ADOPTS the parties' 74 Joint Status Report and ORDERS that they shall meet and confer to discuss potential narrowing and advance payment of estimated fees for EPA's CBI review, and they shall file a further joint status report by December 1, 2021. So ORDERED by Judge James E. Boasberg on 11/2/2021. (lcjeb3) (Entered: 11/02/2021)
2021-11-02		Set/Reset Deadlines: Joint Status Report due by 12/1/2021. (znbn) (Entered: 11/02/2021)
2021-12-01	75	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Gonzalez-Horowitz, Brenda) (Entered: 12/01/2021)
2021-12-01		MINUTE ORDER: The Court ADOPTS the parties' 75 Joint Status Report and ORDERS that they shall file a further joint status report by January 7, 2022. So ORDERED by Judge James E. Boasberg on 12/1/2021. (lcjeb3) (Entered: 12/01/2021)
2021-12-01		Set/Reset Deadlines: Joint Status Report due by 1/7/2022. (znbn) (Entered: 12/02/2021)
2022-01-07	76	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Gonzalez-Horowitz, Brenda) (Entered: 01/07/2022)
2022-01-10		MINUTE ORDER: The Court ADOPTS the parties' 76 Joint Status Report and ORDERS that they shall file a further joint status report by February 18, 2022. So ORDERED by Judge James E. Boasberg on 1/10/2022. (lcjeb3) (Entered: 01/10/2022)
2022-01-10		Set/Reset Deadlines: Joint Status Report due by 2/18/2022. (nbn) (Entered: 01/10/2022)
2022-02-18	77	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 02/18/2022)
2022-02-22		MINUTE ORDER: The Court ADOPTS the parties' 77 Joint Status Report and ORDERS that they shall file a further joint status report by April 18, 2022. So ORDERED by Judge James E. Boasberg on 2/22/2022. (lcjeb1) (Entered: 02/22/2022)
2022-02-22		Set/Reset Deadlines: Status Report due by 4/18/2022. (nbn) (Entered: 02/22/2022)
2022-04-18	78	NOTICE of Appearance by Bradley Silverman on behalf of UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Silverman, Bradley) (Entered: 04/18/2022)
2022-04-18	79	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Silverman, Bradley) (Entered: 04/18/2022)
2022-04-19		MINUTE ORDER: The Court ADOPTS the parties' 79 Joint Status Report and ORDERS that they shall file a further joint status report by May 18, 2022. So ORDERED by Judge James E. Boasberg on 4/19/2022. (lcjeb3) (Entered: 04/19/2022)
2022-04-19		Set/Reset Deadlines: Joint Status Report due by 5/18/2022. (nbn) (Entered: 04/19/2022)
2022-05-18	80	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Gonzalez Horowitz, Brenda) (Entered: 05/18/2022)
2022-05-18		MINUTE ORDER: The Court ADOPTS the parties' 80 Joint Status Report and ORDERS that they shall file a further joint status report by June 20, 2022. So ORDERED by Judge James E. Boasberg on 5/18/2022. (lcjeb3) (Entered: 05/18/2022)
2022-05-18		Set/Reset Deadlines: Status Report due by 6/20/2022. (znbn) (Entered: 05/19/2022)
2022-06-20	81	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Gonzalez Horowitz, Brenda) (Entered: 06/20/2022)
2022-06-21		MINUTE ORDER: The Court ADOPTS the parties' 81 Joint Status Report and ORDERS that they shall file a further joint status report by July 20, 2022. So ORDERED by Judge James E. Boasberg on 6/21/2022. (lcjeb3) (Entered: 06/21/2022)
2022-06-21		Set/Reset Deadlines: Joint Status Report due by 7/20/2022. (nbn) (Entered: 06/21/2022)
2022-07-11	82	STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF ENERGY, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Gonzalez Horowitz, Brenda) (Entered: 07/11/2022)
2022-07-11		MINUTE ORDER: Per the parties' 82 Stipulation, the Court ORDERS that the case is DISMISSED WITH PREJUDICE. So ORDERED by Judge James E. Boasberg on 07/11/2022. (lcjeb2) (Entered: 07/11/2022)
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