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Case TitleENERGY POLICY ADVOCATES v. FEDERAL ENERGY REGULATORY COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00709
Date Filed2023-03-16
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffENERGY POLICY ADVOCATES
Case DescriptionEnergy Policy Advocates submitted two FOIA requests to the Federal Energy Regulatory Commission for records concerning text messages from two different groups of FERC officials, the first one for text messages from outside domains who lobbied for renewable energy sources. The second request was for text messages from three FERC officials with representatives of organizations tasked with ensuring grid reliability. EPA also requested a fee waiver. The agency acknowledged receipt of the requests. The agency provided 22 records in response to one of the requests. However, EPA believed because FERC had not specified its appeal rights it was not required to file an administrative appeal. After hearing nothing further from the agency, EPA filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantFEDERAL ENERGY REGULATORY COMMISSION
Defendant2255
FEDERAL ENERGY REGULATORY COMMISSION 20426
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-161COMPLAINT against FEDERAL ENERGY REGULATORY COMMISSION ( Filing fee $ 402 receipt number ADCDC-9932019) filed by ENERGY POLICY ADVOCATES. (Attachments: # 1 Summons Proposed to AG, US Attorney, and Defendant, # 2 Civil Cover Sheet)(Hardin, Matthew) (Entered: 03/16/2023)
2023-03-162NOTICE of Appearance by Christopher Cochran Horner on behalf of ENERGY POLICY ADVOCATES (Horner, Christopher) (Entered: 03/16/2023)
2023-03-17Case Assigned to Judge Randolph D. Moss. (zsl) (Entered: 03/17/2023)
2023-03-173SUMMONS (3) Issued Electronically as to FEDERAL ENERGY REGULATORY COMMISSION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 03/17/2023)
2023-03-174STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 3/17/2023. (lcrdm3) (Entered: 03/17/2023)
2023-04-175ANSWER to Complaint by FEDERAL ENERGY REGULATORY COMMISSION.(Simon, Jeremy) (Entered: 04/17/2023)
2023-04-18MINUTE ORDER: It is ORDERED that, on or before May 19, 2023, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear by video for an Initial Scheduling Conference on May 26, 2023, at 11:30 a.m., via Zoom. Signed by Judge Randolph D. Moss on 4/18/2023. (lcrdm3) (Entered: 04/18/2023)
2023-04-196AMENDED COMPLAINT pursuant to Fed. R. Civ. P. 15 (a)(1)(B) against FEDERAL ENERGY REGULATORY COMMISSION filed by ENERGY POLICY ADVOCATES.(Hardin, Matthew) (Entered: 04/19/2023)
2023-04-207Consent MOTION to Continue May 26 Status Conference by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 04/20/2023)
2023-04-20MINUTE ORDER: Upon consideration of Defendant's consent motion to continue May 26 Status Conference, Dkt. 7 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the video status conference scheduled in this matter for May 26, 2023, at 11:30 a.m. is hereby VACATED and RESCHEDULED for June 16, 2023, at 3:00 p.m., via Zoom. Signed by Judge Randolph D. Moss on 4/20/2023. (lcrdm3) (Entered: 04/20/2023)
2023-05-038ANSWER to 6 Amended Complaint by FEDERAL ENERGY REGULATORY COMMISSION.(Simon, Jeremy) (Entered: 05/03/2023)
2023-05-03MINUTE ORDER: It is ORDERED that, on or before June 9, 2023, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. The parties shall be prepared to address these topics at the Initial Scheduling Conference previously set in this matter for June 16, 2023, at 3:00 p.m., via Zoom. Signed by Judge Randolph D. Moss on 5/3/2023. (lcrdm3) (Entered: 05/03/2023)
2023-06-099Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Simon, Jeremy) (Entered: 06/09/2023)
2023-06-15MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 9 , it is hereby ORDERED that (1) the Initial Scheduling Conference previously set in this matter for June 16, 2023, at 3:00 p.m., via Zoom is hereby VACATED; (2) Defendants shall process and review 400 pages per month; and (3) the parties shall file a further joint status report on or before July 28, 2023, to apprise the Court of any updates on the status of Plaintiff's FOIA request and the anticipated or completed dates for processing of the documents requested by Plaintiff. Signed by Judge Randolph D. Moss on 6/15/2023. (lcrdm3) (Entered: 06/15/2023)
2023-07-2810Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Simon, Jeremy) (Entered: 07/28/2023)
2023-07-28MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 10 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 28, 2023. Signed by Judge Randolph D. Moss on 07/28/2023. (lctn) (Entered: 07/28/2023)
2023-08-2811Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Simon, Jeremy) (Entered: 08/28/2023)
2023-08-28MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 11 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 26, 2023. Signed by Judge Randolph D. Moss on 08/28/2023. (lcrdm3) (Entered: 08/28/2023)
2023-10-2612Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Simon, Jeremy) (Entered: 10/26/2023)
2023-10-27MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 26, 2024. Signed by Judge Randolph D. Moss on 10/27/2023. (lcrdm3) (Entered: 10/27/2023)
2024-01-2613Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Simon, Jeremy) (Entered: 01/26/2024)
2024-01-28MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 13 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 26, 2024. Signed by Judge Randolph D. Moss on 1/28/2024. (lcrdm3) (Entered: 01/28/2024)
2024-03-1414STIPULATION of Dismissal by FEDERAL ENERGY REGULATORY COMMISSION. (Simon, Jeremy) (Entered: 03/14/2024)
2024-03-14MINUTE ORDER: Pursuant to the parties' stipulation of dismissal, Dkt. 14 , it is hereby ORDERED that the case is DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The Clerk of Court is directed to terminate this case. Signed by Judge Randolph D. Moss on 3/14/2024. (lcrdm3) (Entered: 03/14/2024)
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