COMMUNITY IN-POWER AND DEVELOPMENT ASSOCIATION, INC. et al v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al
| COMMUNITY IN-POWER AND DEVELOPMENT ASSOCIATION, INC., LEARNING DISABILITIES ASSOCIATION OF AMERICA, LOUISIANA ENVIRONMENTAL ACTION NETWORK, SIERRA CLUB and TEXAS ENVIRONMENTAL JUSTICE ADVOCACY SERVICES |
| UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and MICHAEL S. REGAN |
| AMERICAN CHEMISTRY COUNCIL |
| 1:2023cv02715 |
| September 18, 2023 |
| US District Court for the District of Columbia |
| Dabney L Friedrich |
| Environmental Matters |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on November 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 19 Unopposed MOTION for Extension of Time to File Answer to Complaint by MICHAEL S. REGAN, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: #1 Text of Proposed Order)(Izfar, Sarah) |
MINUTE ORDER. Upon consideration of the defendants' #19 Unopposed Motion for Enlargement of Time, it is ORDERED that the motion is GRANTED. Accordingly, the defendants shall file their answer or otherwise respond to the complaint on or before December 15, 2023. So Ordered by Judge Dabney L. Friedrich on November 15, 2023. (lcdlf2)
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MINUTE ORDER. Upon consideration of the parties' #17 #18 responses to the Court's October 26, 2023 minute order, the American Chemistry Council (ACC)'s #14 Motion for Leave to Intervene is DENIED without prejudice. Under 15 U.S.C. 2619(a)(2), "any person may commence a civil action . . . against the Administrator to Compel the Administrator to perform any act or duty under this chapter which is not discretionary." But under 2619(b)(2), "[n]o civil action may be commenced . . . under subsection (a)(2) before the expiration of 60 days after the plaintiff has given notice to the Administrator of the alleged failure of the Administrator to perform an act or duty which is the basis for such action." As ACC notes in its [14-1] Statement of Points and Authorities in Support of Motion for Leave to Intervene, "ACC sent its letter by certified mail on September 19, 2023" but "[d]ue to delays by the United States Postal Service, the letter was not delivered until October 6, 2023." Mem. in Supp. of ACC Mot. for Leave to Intervene at 3 n.4, Dkt. 14-1. As such, "the 60-day period for ACC's notice to EPA will elapse on December 5, 2023approximately two weeks after Federal Defendants must respond to the Complaint." Id. ACC's motion is thus not ripe, and the Court will deny the motion for leave to intervene without prejudice. After ACC's claims become ripe, it may renew its motion for leave to intervene accompanied by a separate proposed complaint. See Fed. R. Civ. P. 24(c). So Ordered by Judge Dabney L. Friedrich on November 10, 2023. (lcdlf2)
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| Filing 18 Memorandum in opposition to re #14 Motion to Intervene filed by COMMUNITY IN-POWER AND DEVELOPMENT ASSOCIATION, INC., LEARNING DISABILITIES ASSOCIATION OF AMERICA, LOUISIANA ENVIRONMENTAL ACTION NETWORK, SIERRA CLUB, TEXAS ENVIRONMENTAL JUSTICE ADVOCACY SERVICES. (Attachments: #1 Text of Proposed Order)(Barajas, Lakendra) |
| Filing 17 RESPONSE re #14 MOTION to Intervene filed by MICHAEL S. REGAN, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Izfar, Sarah) |
| Filing 16 NOTICE of Appearance by Sarah Izfar on behalf of All Defendants (Izfar, Sarah) |
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MINUTE ORDER. Upon consideration of the American Chemistry Council's #14 Motion for Leave to Intervene, the parties are each directed to submit on or before November 9, 2023 a filing addressing their positions on intervention. So Ordered by Judge Dabney L. Friedrich on October 26, 2023. (lcdlf2)
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| Filing 15 NOTICE of Appearance by Nessa Elise Horewitch Coppinger on behalf of AMERICAN CHEMISTRY COUNCIL (Coppinger, Nessa) |
| Filing 14 MOTION to Intervene by AMERICAN CHEMISTRY COUNCIL. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Notice to File Suit, #3 Exhibit B - Rule 26.1 Disclosure Statement, #4 Text of Proposed Order)(Coppinger, Nessa) |
| Filing 13 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/10/2023. (Barajas, Lakendra) |
| Filing 12 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/19/2023. Answer due for ALL FEDERAL DEFENDANTS by 11/18/2023. (Barajas, Lakendra) |
| Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MICHAEL S. REGAN served on 10/6/2023 (Barajas, Lakendra) |
| Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 10/6/2023 (Barajas, Lakendra) |
| Filing 9 NOTICE of Appearance by Katherine K. O'Brien on behalf of COMMUNITY IN-POWER AND DEVELOPMENT ASSOCIATION, INC., LEARNING DISABILITIES ASSOCIATION OF AMERICA, LOUISIANA ENVIRONMENTAL ACTION NETWORK, SIERRA CLUB, TEXAS ENVIRONMENTAL JUSTICE ADVOCACY SERVICES (O'Brien, Katherine) |
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Filing 8
STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on September 18, 2023. (lcdlf2)
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| Filing 7 SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(zljn) |
| Filing 6 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by TEXAS ENVIRONMENTAL JUSTICE ADVOCACY SERVICES (Barajas, Lakendra) |
| Filing 5 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SIERRA CLUB (Barajas, Lakendra) |
| Filing 4 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LOUISIANA ENVIRONMENTAL ACTION NETWORK (Barajas, Lakendra) |
| Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LEARNING DISABILITIES ASSOCIATION OF AMERICA (Barajas, Lakendra) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by COMMUNITY IN-POWER AND DEVELOPMENT ASSOCIATION, INC. (Barajas, Lakendra) |
| Filing 1 COMPLAINT against MICHAEL S. REGAN, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 402 receipt number ADCDC-10358064) filed by SIERRA CLUB, COMMUNITY IN-POWER AND DEVELOPMENT ASSOCIATION, INC., LOUISIANA ENVIRONMENTAL ACTION NETWORK, LEARNING DISABILITIES ASSOCIATION OF AMERICA, TEXAS ENVIRONMENTAL JUSTICE ADVOCACY SERVICES. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Barajas, Lakendra) |
| Case Assigned to Judge Dabney L. Friedrich. (zljn) |
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