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Case TitleSouthern Environmental Law Center v. Tennessee Valley Authority
DistrictEastern District of Tennessee
CityKnoxville
Case Number3:2022cv00108
Date Filed2022-03-24
Date ClosedOpen
JudgeDistrict Judge Clifton L Corker
PlaintiffSouthern Environmental Law Center
Case DescriptionThe Southern Environmental Law Center submitted a FOIA request to the Tennessee Valley Authority for records concerning the agency's communications with methane gas companies. The agency acknowledged receipt of the request. The agency disclosed two heavily redacted contracts called Precedent Agreements, which were redacted under Exemption 4 (commercial and confidential). SELC withdrew the remainder of its request. SELC then filed an administrative appeal. The agency affirmed its original denial and added Exemption 5 (privileges) as well. SELC then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantTennessee Valley Authority
DefendantEast Tennessee Natural Gas, LLC
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-03-241COMPLAINT against Tennessee Valley Authority ( Filing fee $ 402 receipt number ATNEDC-5014536.), filed by Southern Environmental Law Center. (Attachments: # 1 Civil Cover Sheet, # 2 Summons United States Attorney General, # 3 Summons TVA Chief Executive Officer, # 4 Summons ED TN United States Attorney, # 5 Other Corporate Disclosure Statement, # 6 Exhibit 1-Original FOIA Request, # 7 Exhibit 2-Cumberland Precedent Agreement, # 8 Exhibit 3-Ridgeline Precedent Agreement, # 9 Exhibit 4-Final Determination Letter, # 10 Exhibit 5-FOIA Administrative Appeal, # 11 Exhibit 6-FOIA Appellate Determination)(Garcia, Amanda) (Attachment 2 - 4 replaced on 3/24/2022 due to editable form) (AMP). (Entered: 03/24/2022)
2022-03-24District Judge Clifton L Corker and Magistrate Judge Debra C Poplin added. (AMP) (Entered: 03/24/2022)
2022-03-242NOTICE of Deficiency (PDF): Summons filed in an editable form. (AMP) (Entered: 03/24/2022)
2022-03-253Administrative Notice to Counsel: Please refile the Disclosure Statement using the event Certificate of Corporate Interest under Other Documents. Requirements due by 3/30/2022 . (AMP) (Entered: 03/25/2022)
2022-03-254Summons Issued as to Tennessee Valley Authority, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons Tennessee Valley Authority, # 2 Summons United States Attorney) (AMP) (Entered: 03/25/2022)
2022-03-255Order Governing Depositions. Signed by District Judge Clifton L Corker on 03/25/2022. (AMP) (Entered: 03/25/2022)
2022-03-256Order Governing Motions To Dismiss. Signed by District Judge Clifton L Corker on 03/25/2022. (AMP) (Entered: 03/25/2022)
2022-03-257Order Governing Sealing Confidential Information. Signed by District Judge Clifton L Corker on 03/25/2022. (AMP) (Entered: 03/25/2022)
2022-03-288Certificate of Corporate Interest by Southern Environmental Law Center. (Garcia, Amanda) (Entered: 03/28/2022)
2022-04-139MOTION for Leave to Appear Pro Hac Vice George Nolan by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1-Certificate of Good Standing)(Garcia, Amanda) (Entered: 04/13/2022)
2022-04-1310AFFIDAVIT of Service for Summons and Complaint served on Attorney General Merrick B. Garland on March 28, 2022, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1-Proof of Service by U.S. Mail)(Garcia, Amanda) (Entered: 04/13/2022)
2022-04-1311AFFIDAVIT of Service for Summons and Complaint served on U.S. Attorney Francis M. Hamilton III on March 28, 2022, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1-Proof of Service by U.S. Mail)(Garcia, Amanda) (Entered: 04/13/2022)
2022-04-1312AFFIDAVIT of Service for Summons and Complaint served on Tennessee Valley Authority CEO Jeffrey J. Lyash on March 28, 2022, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1-Proof of Service by U.S. Mail)(Garcia, Amanda) (Entered: 04/13/2022)
2022-04-13Clerk's Verification of PHV Requirements is complete regarding 9 MOTION for George Nolan to Appear Pro Hac Vice (AYB) (Entered: 04/13/2022)
2022-04-1313MOTION for Leave to Appear Pro Hac Vice Daniel J. Metzger by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1-Certificate of Good Standing)(Garcia, Amanda) (Entered: 04/13/2022)
2022-04-14Clerk's Verification of PHV Requirements is complete regarding 13 MOTION for Daniel J. Metzger to Appear Pro Hac Vice (AYB) (Entered: 04/14/2022)
2022-04-1414ORDER granting 9 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf ; granting 13 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf . Signed by Magistrate Judge Debra C. Poplin on 4/14/2022. (This entry constitutes the complete Order of the Court). (AGA) (Entered: 04/14/2022)
2022-04-1515STIPULATION re 1 Complaint,, Extension of Time to Respond by Tennessee Valley Authority. (Ayliffe, David) (Entered: 04/15/2022)
2022-05-1816ANSWER to 1 Complaint,, by Tennessee Valley Authority. (Attachments: # 1 October 28, 2021 FOIA Correspondence)(Chin, Steven) (Entered: 05/18/2022)
2022-05-1817ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Clifton L Corker on May 18, 2022. (Attachments: # 1 Other Notice of Consent / Non-consent) (AYB) (Entered: 05/18/2022)
2022-05-1918ORDER: Generally, scheduling orders will be entered by the Court after a telephonic scheduling conference unless otherwise requested by the parties. It is therefore ORDERED: As soon as practicable, but in no event later than 30 days from the first appearance of a defendant, or if that has already occurred, within 30 days of this order, the parties must confer, in a conference arranged by plaintiff's counsel, for the purpose of considering the nature and basis of their claims and defenses. (Rule 26 Meeting Report due by 7/3/2022 ). Signed by District Judge Clifton L Corker on 5/19/2022. (LCK) (Entered: 05/19/2022)
2022-05-2019MOTION to Intervene by East Tennessee Natural Gas, LLC. (ADA) (Entered: 05/20/2022)
2022-05-2020BRIEF in Support of 19 MOTION to Intervene filed by East Tennessee Natural Gas, LLC. (Attachments: # 1 Exhibit A)(ADA) (Entered: 05/20/2022)
2022-05-2021Certificate of Corporate Interest by East Tennessee Natural Gas, LLC identifying Corporate Parent Spectra Energy Partners, LP, Corporate Parent Enbridge Inc for East Tennessee Natural Gas, LLC. (ADA) (Entered: 05/20/2022)
2022-05-2022MOTION for Leave for Jamie Tabb to Appear Pro Hac Vice (Filing fee $ 90.00 paid receipt #K3044824) by East Tennessee Natural Gas, LLC. (ADA) (Entered: 05/20/2022)
2022-05-20Clerk's Verification of PHV Requirements is complete regarding document: 22 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.00.) filed by East Tennessee Natural Gas, LLC (ADA) (Entered: 05/20/2022)
2022-05-2323ORDER granting 22 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf . Signed by Magistrate Judge Debra C. Poplin on 5/23/2022. (This entry constitutes the complete Order of the Court). (AGA) Modified on 5/23/2022 to note copy mailed to Jamie F Tabb c/o Vinson & Elkins LLP (DC), 2200 Pennsylvania Avenue NW, Suite 500W, Washington, DC 20037) (AYB). (Entered: 05/23/2022)
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by FOIA Project Staff
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