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Case TitleBlack Hills Clean Water Alliance v. United States Forest Service et al
DistrictDistrict of South Dakota
CityWestern Division
Case Number5:2020cv05034
Date Filed2020-05-15
Date ClosedOpen
JudgeU.S. District Judge Lawrence L. Piersol
PlaintiffBlack Hills Clean Water Alliance
Case DescriptionThe Black Hills Clean Water Alliance submitted a FOIA request to U.S. Forest Service for records concerning mineral mining operations of operation submitted for the Mystic Ranger District. The agency acknowledged receipt of the request. The agency withheld the records under Exemption 4 (confidential business information). The Black Hills Clean Water Alliance filed an administrative appeal. After hearing nothing further from the agency, the Black Hills Clean Water Alliance filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Forest Service
DefendantUnited States Department of Agriculture
Documents
Docket
Complaint
Opinion/Order [48]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-05-151COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, ($400 fee paid, receipt# 0869-3317459) filed by Black Hills Clean Water Alliance. (CLR) Modified text on 5/18/2020 (DJP). (Entered: 05/15/2020)
2020-05-152Summonses Issued as to USA. Summmons(es), AO 85, and Rule 73 Memo delivered to plaintiff's counsel via electronic delivery to plaintiffs attorney. (Attachments: # 1 Summonses Issued, # 2 AO 85)(CLR) (Entered: 05/15/2020)
2020-05-293NOTICE of Appearance by Alison J. Ramsdell on behalf of All Defendants. (Ramsdell, Alison) (Entered: 05/29/2020)
2020-05-294MOTION for Attorney Jeffrey Parsons to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3324793) by Black Hills Clean Water Alliance. (Ellison, Bruce) (Entered: 05/29/2020)
2020-05-295MOTION for Attorney Travis Stills to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3324814) by Black Hills Clean Water Alliance. (Ellison, Bruce) (Entered: 05/29/2020)
2020-05-296MOTION for Attorney Roger Flynn to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-3324817) by Black Hills Clean Water Alliance. (Ellison, Bruce) (Entered: 05/29/2020)
2020-05-297ORDER granting 4 Motion for Admission Pro Hac Vice of Jeffrey C. Parsons. Signed by U.S. District Judge Jeffrey L. Viken on 5/29/20. (SB) (Entered: 05/29/2020)
2020-05-298ORDER granting 5 Motion for Admission Pro Hac Vice of Travis Stills. Signed by U.S. District Judge Jeffrey L. Viken on 5/29/20. (SB) (Entered: 05/29/2020)
2020-05-299ORDER granting 6 Motion for Admission Pro Hac Vice of Roger Flynn. Signed by U.S. District Judge Jeffrey L. Viken on 5/29/20. (SB) (Entered: 05/29/2020)
2020-06-0310ADMISSION OF SERVICE Executed as to 2 Summons Issued as to USA. Admission filed by Black Hills Clean Water Alliance. (Ellison, Bruce) Modified text on 6/3/2020 (DJP). (Entered: 06/03/2020)
2020-06-2711ANSWER to 1 Complaint by All Defendants. (Ramsdell, Alison) (Entered: 06/27/2020)
2020-06-2912ORDER for Discovery Report and Scheduling Information. Signed by U.S. District Judge Jeffrey L. Viken on 6/29/20. (SB) (Entered: 06/29/2020)
2020-08-1213Discovery Report re 12 Order for Discovery Report by United States Department of Agriculture, United States Forest Service. Related document: 12 Order for Discovery Report.(Ramsdell, Alison) (Entered: 08/12/2020)
2020-08-1214NOTICE of Appearance by Stephanie C. Bengford on behalf of All Defendants. (Bengford, Stephanie) (Entered: 08/12/2020)
2020-08-1415SCHEDULING ORDER: Discovery due by 10/16/2020. Motions due by 10/30/2020. Signed by U.S. District Judge Jeffrey L. Viken on 8/14/20. (SB) (Entered: 08/14/2020)
2020-10-0216Unopposed MOTION to Extend Deadlines by United States Department of Agriculture, United States Forest Service. (Ramsdell, Alison) (Entered: 10/02/2020)
2020-10-1317ORDER granting 16 Motion to Extend Deadlines. Discovery due by 11/16/2020. Motions due by 11/30/2020. Signed by U.S. District Judge Jeffrey L. Viken on 10/13/20. (SB) (Entered: 10/13/2020)
2020-11-2518MOTION to Extend Deadlines by United States Department of Agriculture, United States Forest Service. (Ramsdell, Alison) (Entered: 11/25/2020)
2020-11-2519DECLARATION of Jenna Sloan re 18 MOTION to Extend Deadlines . (Ramsdell, Alison) (Entered: 11/25/2020)
2020-12-0120RESPONSE to Motion re 18 MOTION to Extend Deadlines filed by Black Hills Clean Water Alliance. (Ellison, Bruce) (Entered: 12/01/2020)
2020-12-1421REPLY to Motion Response re 18 MOTION to Extend Deadlines filed by United States Department of Agriculture, United States Forest Service. (Ramsdell, Alison) (Entered: 12/14/2020)
2020-12-1422DECLARATION of Alison J. Ramsdell re 21 Reply to Motion Response . (Attachments: # 1 Exhibit A - E-mail correspondence) (Ramsdell, Alison) (Entered: 12/14/2020)
2020-12-1423ORDER granting 18 Motion to Extend Deadline. Motions due by 1/29/2021. Signed by U.S. District Judge Jeffrey L. Viken on 12/14/20. (SB) (Entered: 12/14/2020)
2021-01-2924(FILED IN ERROR) First MOTION for SUMMARY JUDGMENT by Black Hills Clean Water Alliance. (Attachments: # 1 Attachment statement of Undisputed Facts, # 2 Attachment Affidavit of Documentary Evidence, # 3 Exhibit Expedited FOIA Request, # 4 Exhibit Public Meeting Materials, # 5 Exhibit F3 Gold POO, # 6 Exhibit USFS Response, # 7 Exhibit USFS Website F3 Gold, # 8 Exhibit FOIA Produced Excerpts, # 9 Exhibit FOIA Appeal, # 10 Exhibit FOIA Litigation Production Release, # 11 Exhibit Pinyon Link for BHCWA Litigation, # 12 Exhibit CM-ECF User Manual and Adminstrative Procedures excerpt) (Ellison, Bruce) Modified on 2/5/2021 (DJP). (Entered: 01/29/2021)
2021-01-2925MOTION for SUMMARY JUDGMENT by United States Department of Agriculture, United States Forest Service. (Ramsdell, Alison) (Entered: 01/29/2021)
2021-01-2926MEMORANDUM in Support re 25 MOTION for SUMMARY JUDGMENT filed by United States Department of Agriculture, United States Forest Service. (Ramsdell, Alison) (Entered: 01/29/2021)
2021-01-2927STATEMENT OF UNDISPUTED MATERIAL FACTS re 25 Motion for Summary Judgment filed by United States Department of Agriculture, United States Forest Service. (Ramsdell, Alison) (Entered: 01/29/2021)
2021-01-2928DECLARATION of Jenna Sloan re 25 MOTION for SUMMARY JUDGMENT . (Attachments: # 1 Exhibit A-BHCWA's FOIA Request, # 2 Exhibit B-Forest Service's Response to FOIA Request, # 3 Exhibit C-BHCWA's FOIA Appeal, # 4 Exhibit D-Forest Service Correspondence re Rolling Productions, # 5 Exhibit E-Vaughn Index) (Ramsdell, Alison) (Entered: 01/29/2021)
2021-02-0429(FILED IN ERROR) First MOTION for SUMMARY JUDGMENT by Black Hills Clean Water Alliance. (Attachments: # 1 Attachment statement of Undisputed Facts, # 2 Attachment Affidavit of Documentary Evidence) (Ellison, Bruce) Modified on 2/5/2021 (DJP). (Entered: 02/04/2021)
2021-02-05NOTICE of Filing Error: 24 Motion for Summary Judgment,, 29 Motion for Summary Judgment were filed in error and should be disregarded. (DJP) (Entered: 02/05/2021)
2021-02-0530MOTION for SUMMARY JUDGMENT by Black Hills Clean Water Alliance. (Ellison, Bruce) (Entered: 02/05/2021)
2021-02-0531STATEMENT OF Undisputed MATERIAL FACTS re 30 Motion for Summary Judgment filed by Black Hills Clean Water Alliance. (Ellison, Bruce) (Entered: 02/05/2021)
2021-02-0532AFFIDAVIT in Support re 30 MOTION for SUMMARY JUDGMENT filed by Black Hills Clean Water Alliance. (Attachments: # 1 Exhibit BHCWA-1 CleanWaterAlliance-FOIA request, # 2 Exhibit BHCWA-2 Public Meeting Materials, # 3 Exhibit BHCWA-3 F3 Gold POO, # 4 Exhibit BHCWA-4 Regional FS FOIA Response 2-12-19, # 5 Exhibit BHCWA-5 Forest Service website F3 Gold-1, # 6 Exhibit BHCWA-6 FOIA-produced emails-excerpts, # 7 Exhibit BHCWA-7 FOIA Appeal, # 8 Exhibit BHCWA-8 FOIA Litigation Production Release 8, # 9 Exhibit BHCWA-9 Pinyon Link for BHCWA Lit Production 5, # 10 Exhibit BHCWA-10 CM-ECF User Manual and Adminstrative Procedures excerpt) (Ellison, Bruce) (Entered: 02/05/2021)
2021-02-1933(FILED IN ERROR) RESPONSE to Motion re 25 MOTION for SUMMARY JUDGMENT filed by Black Hills Clean Water Alliance. (Ellison, Bruce) Modified on 2/22/2021 (DJP). (Entered: 02/19/2021)
2021-02-19NOTICE of Filing Error: 33 Response to Motion was filed in error and should be disregarded. (Ellison, Bruce) (Entered: 02/19/2021)
2021-02-1934RESPONSE to Motion re 25 MOTION for SUMMARY JUDGMENT filed by Black Hills Clean Water Alliance. (Attachments: # 1 Attachment Response to Defendant's Statement of Undisputed Facts, # 2 Attachment Declaration of Documentary Evidence, # 3 Exhibit Exhibit 11 Affidavit of Dr. Jarding, # 4 Exhibit Exhibit 12 FOIA SEARCH) (Ellison, Bruce) (Entered: 02/19/2021)
2021-02-1935RESPONSE to Motion re 30 MOTION for SUMMARY JUDGMENT filed by United States Department of Agriculture, United States Forest Service. (Ramsdell, Alison) (Entered: 02/19/2021)
2021-02-1936DECLARATION of Jenna Sloan re 35 Response to Motion . (Ramsdell, Alison) (Entered: 02/19/2021)
2021-02-1937RESPONSE to 31 Statement of Material Facts filed by All Defendants. (Ramsdell, Alison) (Entered: 02/19/2021)
2021-03-0538REPLY to Motion Response re 30 MOTION for SUMMARY JUDGMENT filed by Black Hills Clean Water Alliance. (Attachments: # 1 Attachment DECLARATION RE EVIDENCE, # 2 Exhibit Exhibit-13 Formal Letter, # 3 Exhibit Exhibit-14 Formal Letter, # 4 Exhibit Exhibit-15 Response to Letter, # 5 Exhibit Exhibit-16 RMV v FS) (Ellison, Bruce) (Entered: 03/05/2021)
2021-03-0539REPLY to Motion Response re 25 MOTION for SUMMARY JUDGMENT filed by All Defendants. (Ramsdell, Alison) (Entered: 03/05/2021)
2021-09-1540ORDER REFERRING 25 MOTION for SUMMARY JUDGMENT filed by United States Forest Service, United States Department of Agriculture, 30 MOTION for SUMMARY JUDGMENT filed by Black Hills Clean Water Alliance. Signed by U.S. District Judge Jeffrey L. Viken on 9/15/21. Motions referred to U.S. Magistrate Judge Veronica L. Duffy. (SB) (Entered: 09/15/2021)
2021-09-3041REPORT AND RECOMMENDATIONS re 25 MOTION for SUMMARY JUDGMENT , 30 MOTION for SUMMARY JUDGMENT Objections to R&R due by 10/14/2021. Signed by US Magistrate Judge Veronica L. Duffy on 9/30/2021. (PM) (Entered: 09/30/2021)
2021-10-1442RESPONSE to 41 Report and Recommendations filed by All Defendants. (Ramsdell, Alison) (Entered: 10/14/2021)
2021-10-1443DECLARATION of Jenna Sloan re 42 Response to Report and Recommendation . (Ramsdell, Alison) (Entered: 10/14/2021)
2021-10-1444OBJECTION to 41 Report and Recommendation by Black Hills Clean Water Alliance (Ellison, Bruce) (Entered: 10/14/2021)
2021-10-2845RESPONSE to 43 Declaration, 42 Response filed by Black Hills Clean Water Alliance. (Ellison, Bruce) (Entered: 10/28/2021)
2022-02-1546(FILED IN ERROR) STATUS REPORT Report of the Parties' Planning Meeting by Black Hills Clean Water Alliance (Ellison, Bruce) Modified on 2/16/2022 (VMM). (Entered: 02/15/2022)
2022-02-16NOTICE of Filing Error: 46 Status Report was filed in error and should be disregarded. (Ellison, Bruce) (Entered: 02/16/2022)
2022-04-1847ORDER REASSIGNING CASE. Judge Jeffrey L. Viken no longer assigned to case. Signed by U.S. District Judge Jeffrey L. Viken on 4/18/22. (SB) (Entered: 04/18/2022)
2022-06-2948ORDER adopting in part 41 Report and Recommendation; sustaining in part and overruling in part 44 Objection to Report and Recommendation; granting in part and denying in part 25 Motion for Summary Judgment; granting in part and denying in part 30 Motion for Summary Judgment. Signed by U.S. District Judge Lawrence L. Piersol on 6/29/22. (SKK) (Entered: 06/29/2022)
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