Skip to content

Case Detail

[Subscribe to updates]
Case TitleCenter For Biological Diversity v. Tennessee Valley Authority
DistrictEastern District of Tennessee
CityKnoxville
Case Number3:2022cv00359
Date Filed2022-10-11
Date ClosedOpen
JudgeDistrict Judge Charles E Atchley, Jr
PlaintiffCenter For Biological Diversity
Case DescriptionThe Center for Biological Diversity submitted two FOIA requests to the Tennessee Valley Authority for records concerning communications between Board members and any listed outside organization concerning a list of specific issues. The agency acknowledged receipt of the requests. The agency indicated that it could find no records in response to the first request but did find and release records concerning the second request. However, the agency also withheld records under Exemption 5 (privileges) and Exemption 4 (commercial and confidential). CBD filed an administrative appeal of the decisions, and the agency upheld its denials. CBD then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantTennessee Valley Authority
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-111COMPLAINT against Center For Biological Diversity ( Filing fee $ 402 receipt number ATNEDC-5191349.), filed by Center For Biological Diversity. (Attachments: # 1 Civil Cover Sheet, # 2 Summons TVA Summons, # 3 Summons US Atty Summons, # 4 Summons US Atty Gen Summons)(Crystal, Howard) (Entered: 10/11/2022)
2022-10-112Certificate of Corporate Interest by Center For Biological Diversity. (Crystal, Howard) (Entered: 10/11/2022)
2022-10-113NOTICE of Appearance by Rachel L Wolf on behalf of Center For Biological Diversity (Wolf, Rachel) (Entered: 10/11/2022)
2022-10-114MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-5192639.) by Center For Biological Diversity. (Crystal, Howard) (Entered: 10/11/2022)
2022-10-12District Judge Charles E Atchley, Jr and Magistrate Judge Jill E McCook added. (JCK) (Entered: 10/12/2022)
2022-10-125Summons Issued as to Tennessee Valley Authority, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons US Attorney, # 2 Summons US Attorney General)(JCK) (Entered: 10/12/2022)
2022-10-12Clerk's Verification of PHV Requirements is complete regarding document: 4 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-5192639.) filed by Center For Biological Diversity (JCK) (Entered: 10/12/2022)
2022-10-126Order Governing Depositions Signed by District Judge Charles E Atchley, Jr on 10/12/2022. (JCK) (Entered: 10/12/2022)
2022-10-127Order Governing Motions To Dismiss Signed by District Judge Charles E Atchley, Jr on 10/12/2022. (JCK) (Entered: 10/12/2022)
2022-10-128Order Governing Sealing Confidential Information Signed by District Judge Charles E Atchley, Jr on 10/12/2022. (JCK) (Entered: 10/12/2022)
2022-10-129ORDER OF RECUSAL.Signed by Magistrate Judge Jill E McCook on October 12, 2022. (AYB) (Entered: 10/12/2022)
2022-10-13Magistrate Judge Debra C Poplin added. Magistrate Judge Jill E McCook no longer assigned to case. (DJH) (Entered: 10/13/2022)
2022-10-1310ORDER Pursuant to 28 U.S.C. § 455, the Honorable Jill E. McCook, United States Magistrate Judge, has recused herself in this action. Accordingly, it is hereby ORDERED that this case is REASSIGNED to the Honorable Debra C. Poplin, United States Magistrate Judge, to handle any matters routinely considered by a magistrate judge pursuant to 28 U.S.C. § 636(b) and theRules of this Court.Signed by District Judge Travis R McDonough on 10/13/2022. (DJH) (Entered: 10/13/2022)
2022-10-1711ORDER granting 4 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 10/17/2022. (This entry constitutes the complete Order of the Court.) (AGA) (Entered: 10/17/2022)
2022-11-1512SUMMONS Returned Executed by Center For Biological Diversity. Tennessee Valley Authority served on 11/7/2022. (Crystal, Howard) (Entered: 11/15/2022)
2022-11-1613NOTICE by Center For Biological Diversity Summons Return Executed As To U.S. Attorney (served 10/17/22) (Crystal, Howard) (Entered: 11/16/2022)
2022-11-1614NOTICE by Center For Biological Diversity Summons Return Executed As To United States Attorney General (served 10/24/22) (Crystal, Howard) (Entered: 11/16/2022)
2022-11-2315ANSWER to 1 Complaint, by Tennessee Valley Authority. (Attachments: # 1 Exhibit FOIA Request - Board, # 2 Exhibit FOIA Request - Executives, # 3 Exhibit TVA Response - Board, # 4 Exhibit TVA Response - Executives, # 5 Exhibit TVA FOIA Website, # 6 Exhibit TVA Appeal Response)(Chin, Steven) (Entered: 11/23/2022)
2022-11-2316ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Charles E Atchley, Jr on 11/23/22. (Attachments: # 1 Other Notice of Consent/Non-Consent) (ABF) (Entered: 11/23/2022)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar