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Case TitleCENTER FOR BIOLOGICAL DIVERSITY et al v. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02198
Date Filed2019-07-24
Date Closed2020-04-17
JudgeJudge Ketanji Brown Jackson
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
PlaintiffENVIRONMENTAL INTEGRITY PROJECT
Case DescriptionThe Center for Biological Diversity and the Environmental Integrity Project filed suit against the EPA to challenge its revised FOIA regulation that had been published without notice or comment.
Complaint issues: Litigation - Jurisdiction - Injunction, Litigation - Attorney's fees

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-241COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-6274832) filed by CENTER FOR BIOLOGICAL DIVERSITY, INC., ENVIRONMENTAL INTEGRITY PROJECT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Corporate Disclosure)(Townsend, Margaret) (Entered: 07/24/2019)
2019-07-26Case Assigned to Judge Carl J. Nichols. (zeg) (Entered: 07/26/2019)
2019-07-262NOTICE OF RELATED CASE by CENTER FOR BIOLOGICAL DIVERSITY, ENVIRONMENTAL INTEGRITY PROJECT. Case related to Case No. 19-688. (Townsend, Margaret) (Entered: 07/26/2019)
2019-07-26Case Reassigned to Judge Ketanji Brown Jackson. Judge Carl J. Nichols is no longer assigned to the case. (zeg) (Entered: 07/26/2019)
2019-07-263SUMMONS (3) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 07/26/2019)
2019-08-124NOTICE of Appearance by Amy R. Atwood on behalf of CENTER FOR BIOLOGICAL DIVERSITY, ENVIRONMENTAL INTEGRITY PROJECT (Atwood, Amy) (Entered: 08/12/2019)
2019-08-145RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ENVIRONMENTAL PROTECTION AGENCY served on 8/5/2019 (Attachments: # 1 Exhibit Proof of Service)(Townsend, Margaret) (Entered: 08/14/2019)
2019-08-146RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/5/2019. (Attachments: # 1 Exhibit Proof of Service)(Townsend, Margaret) (Entered: 08/14/2019)
2019-08-147RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/8/2019. Answer due for ALL FEDERAL DEFENDANTS by 10/7/2019. (Attachments: # 1 Exhibit Proof of Service)(Townsend, Margaret) (Entered: 08/14/2019)
2019-08-168GENERAL ORDER AND GUIDELINES APPLICABLE TO APA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for batching motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 8/16/2019. (lckbj1) (Entered: 08/16/2019)
2019-09-239NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 19-2181. (Townsend, Margaret) (Entered: 09/23/2019)
2019-09-2310NOTICE of Appearance by Joshua M. Kolsky on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (Kolsky, Joshua) (Entered: 09/23/2019)
2019-09-2311MOTION for Extension of Time to Respond to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 09/23/2019)
2019-09-24MINUTE ORDER granting 11 Opposed Motion for Extension of Time to Answer. It is hereby ORDERED that Defendant shall answer or otherwise respond to the complaint on or before 10/28/2019. Signed by Judge Ketanji Brown Jackson on 9/24/2019. (lckbj1) (Entered: 09/24/2019)
2019-10-2312MOTION for Extension of Time to Respond to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) Modified on 10/24/2019 (ztd). (Entered: 10/23/2019)
2019-10-24MINUTE ORDER granting, for good cause shown, 12 Motion for Extension of Time to Answer. It is hereby ORDERED that Defendant shall answer or otherwise respond to the Complaint on or before 11/1/2019. Signed by Judge Ketanji Brown Jackson on 10/24/2019. (JAG) (Entered: 10/24/2019)
2019-10-2913NOTICE of Intent to File Motion to Dismiss by U.S. ENVIRONMENTAL PROTECTION AGENCY (Kolsky, Joshua) (Entered: 10/29/2019)
2019-11-0114NOTICE of Service of Motion to Dismiss by U.S. ENVIRONMENTAL PROTECTION AGENCY (Kolsky, Joshua) (Entered: 11/01/2019)
2019-11-0115RESPONSE re 2 Notice of Related Case filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Kolsky, Joshua) (Entered: 11/01/2019)
2019-11-04MINUTE ORDER setting briefing schedule for motion to dismiss. Defendant's motion to dismiss shall be served on or before 11/1/2019; Plaintiffs' consolidated opposition and cross-motion for summary judgment shall be served on or before 12/20/2019; Defendant's consolidated reply and cross-motion opposition shall be served on or before 1/13/2020; Plaintiffs' cross-motion reply shall be served on or before 2/3/2020; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 3/9/2020. Signed by Judge Ketanji Brown Jackson on 11/4/2019. (jag) (Entered: 11/04/2019)
2019-11-1316RESPONSE re 15 Response to Document Defendant's Objection to Notice of Related Case filed by CENTER FOR BIOLOGICAL DIVERSITY, ENVIRONMENTAL INTEGRITY PROJECT. (Townsend, Margaret) (Entered: 11/13/2019)
2019-12-1017Consent MOTION to Modify the Briefing Schedule by CENTER FOR BIOLOGICAL DIVERSITY, ENVIRONMENTAL INTEGRITY PROJECT (Attachments: # 1 Text of Proposed Order)(Townsend, Margaret) (Entered: 12/10/2019)
2019-12-13MINUTE ORDER affirming the related-case determination. Upon consideration of the parties' filings regarding whether the instant action is related to matter 19-cv-0688, the Court has determined that the matters are sufficiently related under the Courts rules to warrant assignment of the instant matter to the undersigned as a related case. Signed by Judge Ketanji Brown Jackson on 12/13/2019. (jag) (Entered: 12/13/2019)
2019-12-1718Unopposed MOTION for Extension of Time to File Opposition to Motion to Dismiss by CENTER FOR BIOLOGICAL DIVERSITY, ENVIRONMENTAL INTEGRITY PROJECT (Attachments: # 1 Text of Proposed Order)(Townsend, Margaret) (Entered: 12/17/2019)
2019-12-26MINUTE ORDER. The Appendix to this Court's 8 General Order and Guidelines for APA Cases provides that "[t]he parties are permitted to modify the schedule for serving their [dispositive motion] filings on each other by consent, and without any Order from this Court." Appendix, 4(a)(i)(3). Indeed, a Court order extending the summary judgment briefing deadlines is only necessary if the proposed changes to the briefing schedule would require an extension of the final filing deadline. See id. 4(a)(ii)(2). Because Plaintiffs have filed consent motions to amend the briefing schedule in a manner that would not require any change to the final filing deadline, no Court approval is needed. Accordingly, it is hereby ORDERED that Plaintiffs' 17 , 18 Consent Motions to Modify the Briefing Schedule are DENIED as moot. Signed by Judge Ketanji Brown Jackson on 12/26/2019. (jag) (Entered: 12/26/2019)
2020-01-1019NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 19-3270. (Townsend, Margaret) (Entered: 01/10/2020)
2020-01-3120NOTICE of Service of Reply in Support of Motion to Dismiss by U.S. ENVIRONMENTAL PROTECTION AGENCY (Kolsky, Joshua) (Entered: 01/31/2020)
2020-02-0321MOTION to Dismiss by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Kolsky, Joshua) (Entered: 02/03/2020)
2020-02-0322Memorandum in opposition to re 21 MOTION to Dismiss filed by CENTER FOR BIOLOGICAL DIVERSITY, ENVIRONMENTAL INTEGRITY PROJECT. (Attachments: # 1 Declaration Declaration of Ann Brown, # 2 Declaration Declaration of Brett Hartl, # 3 Declaration Declaration of Stephanie M. Parent, # 4 Declaration Declaration of Margaret E. Townsend, # 5 Declaration Declaration of Sylvia Lam, # 6 Exhibit Ex. 1, # 7 Exhibit Ex. 2, # 8 Exhibit Ex. 3, # 9 Exhibit Ex. 4, # 10 Exhibit Ex. 5, # 11 Exhibit Ex. 6, # 12 Exhibit Ex. 7, # 13 Exhibit Ex. 8, # 14 Exhibit Ex. 9, # 15 Exhibit Ex. 10, # 16 Exhibit Ex. 11, # 17 Exhibit Ex. 12, # 18 Exhibit Ex. 13, # 19 Exhibit Ex. 14, # 20 Exhibit Ex. 15, # 21 Exhibit Ex. 16, # 22 Exhibit Ex. 17, # 23 Exhibit Ex. 18, # 24 Exhibit Ex. 19, # 25 Exhibit Ex. 20, # 26 Exhibit Ex. 21, # 27 Exhibit Ex. 22, # 28 Exhibit Ex. 23, # 29 Exhibit Ex. 24, # 30 Exhibit Ex. 25, # 31 Exhibit Ex. 26, # 32 Exhibit Ex. 27, # 33 Exhibit Ex. 28, # 34 Exhibit Ex. 29, # 35 Exhibit Ex. 30, # 36 Exhibit Ex. 31, # 37 Exhibit Ex. 32, # 38 Exhibit Ex. 33, # 39 Exhibit Ex. 34, # 40 Exhibit Ex. 35, # 41 Exhibit Ex. 36, # 42 Exhibit Ex. 37, # 43 Exhibit Ex. 38, # 44 Exhibit Ex. 39, # 45 Exhibit Ex. 40, # 46 Exhibit Ex. 41, # 47 Exhibit Ex. 42, # 48 Exhibit Ex. 43, # 49 Exhibit Ex. 44, # 50 Exhibit Ex. 45, # 51 Exhibit Ex. 46, # 52 Exhibit Ex. 47, # 53 Exhibit Ex. 48, # 54 Exhibit Ex. 49, # 55 Exhibit Ex. 50, # 56 Exhibit Ex. 51, # 57 Exhibit Ex. 52, # 58 Exhibit Ex. 53, # 59 Exhibit Ex. 54, # 60 Exhibit Ex. 55, # 61 Exhibit Ex. 56, # 62 Exhibit Ex. 57, # 63 Exhibit Ex. 58, # 64 Exhibit Ex. 59, # 65 Exhibit Ex. 60, # 66 Exhibit Ex. 61, # 67 Exhibit Ex. 62, # 68 Exhibit Ex. 63, # 69 Exhibit Ex. 64, # 70 Exhibit Ex. 65, # 71 Exhibit Ex. 66, # 72 Exhibit Ex. 67, # 73 Exhibit Ex. 68, # 74 Exhibit Ex. 69, # 75 Exhibit Ex. 70, # 76 Exhibit Ex. 71, # 77 Exhibit Ex. 72, # 78 Exhibit Ex. 73, # 79 Exhibit Ex. 74, # 80 Exhibit Ex. 75, # 81 Exhibit Ex. 76, # 82 Exhibit Ex. 77, # 83 Exhibit Ex. 78, # 84 Exhibit Ex. 79, # 85 Exhibit Ex. 80, # 86 Exhibit Ex. 81, # 87 Exhibit Ex. 82, # 88 Exhibit Ex. 83, # 89 Exhibit Ex. 84, # 90 Exhibit Ex. 85, # 91 Exhibit Ex. 86, # 92 Exhibit Ex. 87, # 93 Exhibit Ex. 88, # 94 Exhibit Ex. 89, # 95 Exhibit Ex. 90, # 96 Exhibit Ex. 91, # 97 Exhibit Ex. 92, # 98 Exhibit Ex. 93, # 99 Exhibit Ex. 94, # 100 Exhibit Ex. 95, # 101 Exhibit Ex. 96, # 102 Exhibit Ex. 97, # 103 Exhibit Ex. 98, # 104 Exhibit Ex. 99, # 105 Exhibit Ex. 100, # 106 Exhibit Ex. 101, # 107 Exhibit Ex. 102, # 108 Exhibit Ex. 103, # 109 Exhibit Ex. 104, # 110 Exhibit Ex. 105, # 111 Exhibit Ex. 106, # 112 Exhibit Ex. 107, # 113 Exhibit Ex. 108, # 114 Exhibit Ex. 109, # 115 Exhibit Ex. 110, # 116 Exhibit Ex. 111, # 117 Exhibit Ex. 112, # 118 Exhibit Ex. 113, # 119 Exhibit Ex. 114, # 120 Exhibit Ex. 115, # 121 Exhibit Ex. 116, # 122 Exhibit Ex. 117, # 123 Exhibit Ex. 118, # 124 Exhibit Ex. 119, # 125 Exhibit Ex. 120, # 126 Exhibit Ex. 121, # 127 Exhibit Ex. 122, # 128 Exhibit Ex. 123, # 129 Exhibit Ex. 124, # 130 Exhibit Ex. 125)(Townsend, Margaret) (Entered: 02/03/2020)
2020-02-0323REPLY to opposition to motion re 21 MOTION to Dismiss filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B)(Kolsky, Joshua) (Entered: 02/03/2020)
2020-02-25MINUTE ORDER. Presently pending before this Court are three related cases: Ecological Rights Foundation v. E.P.A., No. 19-cv-3270; Center for Biological Diversity v. E.P.A., No. 19-cv-2198; Citizens for Responsibility and Ethics in Washington v. E.P.A., No. 19-cv-2181. The claims in each of these cases concern the same facts and involve several identical legal issues, and the EPA has served motions to dismiss in all three cases. In order to adjudicate the agency's motions in an efficient manner, this Court is inclined to consolidate the three cases. See Fed. R. Civ. P. 42(a)(2) (authorizing a court to consolidate multiple actions when they "involve a common question of law or fact"). Accordingly, the Court is hereby providing notice that, absent any objection, these three cases will be consolidated on March 13, 2020. It is hereby ORDERED that any objection shall be filed on the docket on or before March 10, 2020. Signed by Judge Ketanji Brown Jackson on 02/25/2020. (lckbj2) (Entered: 02/25/2020)
2020-04-17MINUTE ORDER. It is hereby ORDERED that this case is CONSOLIDATED with Ecological Rights Foundation v. E.P.A., No. 19-cv-3270, and Citizens for Responsibility and Ethics in Washington v. E.P.A., No. 19-cv-2181. Any further filings in either case shall be filed in No. 19-cv-2181. The Clerk is directed to administratively close this case. Signed by Judge Ketanji Brown Jackson on 04/17/2020. (lckbj2) (Entered: 04/17/2020)
2020-04-17Cases Consolidated. Case 19-2198 have been consolidated with case 19-2181, pursuant to an Order entered 04/17/2020. From this date forward, all pleadings shall be filed ONLY in the lead case, Civil Action No. 19-2181 (zjf) (Entered: 08/20/2020)
2020-11-1224ERRATA by CENTER FOR BIOLOGICAL DIVERSITY, ENVIRONMENTAL INTEGRITY PROJECT 22 Memorandum in Opposition,,,,,,,,,,,,, filed by ENVIRONMENTAL INTEGRITY PROJECT, CENTER FOR BIOLOGICAL DIVERSITY. (Townsend, Margaret) (Entered: 11/12/2020)
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