Natural Resources Defense Council v. U.S. Environmental Protection Agency
Plaintiff: Natural Resources Defense Council
Defendant: U.S. Environmental Protection Agency
Case Number: 1:2017cv05928
Filed: August 4, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Jesse M. Furman
Nature of Suit: Freedom of Information Act
Cause of Action: 05 U.S.C. ยง 552
Jury Demanded By: None
RSS Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 21, 2022 Opinion or Order Filing 108 ORDER: By February 4, 2022, the parties shall file a joint letter proposing next steps in this case in light of the Second Circuit's decision vacating and remanding the Court's November 24, 2020 Order, see ECF No. 107. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/21/2022) (tg)
December 7, 2020 Opinion or Order Filing 103 ORDER: In a joint letter filed December 7, 2020, the parties indicated that no issues remain for this Court to decide in this case pending the Second Circuit's ruling on EPA's pending interlocutory appeal. ECF No. 102. In light of that r epresentation, the Clerk of Court is directed to administratively close the case without prejudice to either party moving to reopen the case within thirty days of any decision by the Second Circuit on EPA's interlocutory appeal. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/7/2020) (jca)
November 24, 2020 Opinion or Order Filing 101 MEMORANDUM OPINION AND ORDER re: 93 CROSS MOTION for Summary Judgment . filed by Natural Resources Defense Council, 90 SECOND MOTION for Summary Judgment . filed by U.S. Environmental Protection Agency. The NRDC's motion is GRANTED, and the EPA's motion is DENIED with respect to Documents 26339, 10238, 6761, and 14043 - that is, the Court concludes that none of these records are exempt from FOIA under the deliberative process privilege. Nevertheless, the EPA's obligation to produce Documents 26339 and 10238 to the NRDC is STAYED pending resolution of its related interlocutory appeal. By contrast, the NRDC's motion is DENIED, and the EPA's motion is GRANTED with respect to Docume nt 1370, which was properly withheld. Similarly, the NRDC's motion is DENIED, and the EPA's motion is GRANTED with respect to the seventy-four documents for which the NRDC challenges segregability determinations. No later than two weeks from the date of this Memorandum Opinion and Order, the parties shall jointly file a letter describing what, if any, issues remain to be decided in this case and proposing next steps. The Clerk of Court is directed to terminate ECF Nos. 90 and 93. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/24/20) (yv)
March 30, 2020 Opinion or Order Filing 89 ORDER granting 88 Letter Motion for Extension of Time to File. Application GRANTED. The parties' proposed briefing schedule is hereby adopted. The Clerk of Court is directed to terminate ECF No. 88. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/30/20) (yv)
January 16, 2020 Opinion or Order Filing 81 ORDER: granting 80 Letter Motion for Extension of Time; granting 80 Letter Motion to Stay. Request Granted. The Clerk of Court is directed to terminate ECF No. 80. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/16/2020) (ama)
December 13, 2019 Opinion or Order Filing 79 ORDER: As discussed on the record during the conference held today, it is hereby ORDERED that: No later than December 19, 2019, the EPA shall disclose the five records that the Court found, after in camera review, must be disclosed in full. ECF No . 57 ("August 30 Order") at 32-33. By the same date, the EPA shall also disclose the portions of the four records that the Court found must be disclosed in part. Id. No later than December 19, 2019, the EPA shall review the five records referenced in footnote 11 of the August 30 Order and disclose all reasonably segregable, non-exempt information. No later than January 20, 2020, the EPA shall review the 165 records listed in Exhibit 3 of the NRDC's December 9, 2019 letter, a nd, by the same date, shall notify NRDC whether it agrees with the categorizations in NRDC's December 9, 2019 letter. See ECF No. 74, at 4 & Ex. 3. No later than January 27, 2020, the parties shall file a joint letter indicating their agreemen t or disagreement regarding categorization of those records and, to the extent the parties disagree, proposed next steps. Further, unless and until the Court orders otherwise, no later than February 19, 2020, the EPA shall complete its review and production (as appropriate) of those 165 documents. No later than January 31, 2020, the EPA shall review the sixty-four records in the Vaughn index withheld under the deliberative process privilege for reasonably segregable, non-exempt information . See ECF No. 74, at 3. Finally, no later than January 31, 2020, the EPA is ORDERED to produce to the NRDC the twenty-eight records that the Court found were improperly withheld on the basis of the deliberative process privilege. See August 30, 2019 Order 37-39; ECF No. 74, at 2; ECF No. 75, at 2. The EPA shall advise the Court if it believes that entry of a partial judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure is appropriate. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/13/2019) (jca)
December 11, 2019 Opinion or Order Filing 77 ORDER, A status conference in this case will be held on Friday, December 13, 2019, at 9:30 a.m. in Courtroom 11B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 1007 (note that this is NOT the undersigneds us ual courtroom or courthouse). Counsel should be prepared to discuss their proposals for how to proceed in this litigation. See ECF Nos. 74, 75. SO ORDERED. (Status Conference set for 12/13/2019 at 09:30 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/11/19) (yv)
December 2, 2019 Opinion or Order Filing 73 MEMORANDUM OPINION AND ORDER re: 62 MOTION for Reconsideration re; 57 Memorandum & Opinion, (Corrected Notice of Motion). filed by U.S. Environmental Protection Agency. For the reasons stated above, the EPA's motion fo r reconsideration is DENIED. Per the Court's Order of September 24, 2019, the parties have until December 9, 2019, to file their joint letter regarding the next steps in this litigation. See ECF No. 65. The parties should indicate in their letter whether a conference to discuss next steps would be appropriate. The Clerk of Court is directed to terminate ECF No. 62. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 12/2/2019) (cf)
August 30, 2019 Opinion or Order Filing 57 OPINION AND ORDER re: 35 MOTION for Summary Judgment filed by U.S. Environmental Protection Agency. Summary judgment is GRANTED to the EPA on those issues and as to those records. By contrast, and as described throughout this Opinio n, the agency failed to justify its decision not to disclose the remaining records. For those records, summary judgment is DENIED. Finally, summary judgment is DENIED on the agency's segregability claims. In light of this Opinion and Orde r and the claims that remain, the parties shall meet and confer to discuss (1) how the litigation should proceed from here and (2) how this Opinion and Order applies to the records not addressed by the Vaughn index. No later than September 20, 2019 , the parties shall file letter-briefs, not to exceed four single-spaced pages, stating their views on those issues - mindful of the Court's desire to minimize further proceedings and the scope of any further judicial review. Finally, the part ies shall appear for a conference before the Court on October 3, 2019, at 4:30 p.m. to discuss their views on how to proceed. The Clerk of Court is directed to terminate Docket No. 35. (Status Conference set for 10/3/2019 at 04:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/30/2019) (ne)
July 25, 2019 Opinion or Order Filing 53 MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the EPA is ORDERED to submit (1) no later than August 8, 2019, a revised affidavit and/or Vaughn index that describes with more specificity the reasonably foreseeable harms to Exemption 5-relat ed interests that disclosure of the challenged documents would cause; and (2) no later than July 30, 2019, copies of the records listed above (in both hard copy and by email) for the Court's in camera inspection. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/25/2019) (ama)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Natural Resources Defense Council v. U.S. Environmental Protection Agency
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Natural Resources Defense Council
Represented By: David C. Vladeck
Represented By: Vivian Huei-Wen Wang
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: U.S. Environmental Protection Agency
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?