Case: Sierra Club v. Environmental Protection Agency

Legal Defense Fund

U.S. Environmental Protection Agency

U.S. Council on Environmental Quality

U.S. Department of Energy

COMPLAINT against COUNCIL ON ENVIRONMENTAL QUALITY, DEPARTMENT OF ENERGY, DEPARTMENT OF TRANSPORTATION, ENVIRONMENTAL PROTECTION AGENCY, FEDERAL EMERGENCY MANAGEMENT AGENCY ( Filing fee $ 405 receipt number ADCDC-11613176) filed by ENVIRONMENTAL INTEGRITY PROJECT, UNION OF CONCERNED SCIENTISTS, CALIFORNIA COMMUNITIES AGAINST TOXICS, SIERRA CLUB. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Shelley, Zachary) (Attachment 2 replaced on 4/15/2025) (znmw). (Entered: 04/14/2025)

1 Exhibit

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2 Civil Cover Sheet

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SIERRA CLUB (Shelley, Zachary) (Entered: 04/14/2025)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by UNION OF CONCERNED SCIENTISTS (Shelley, Zachary) (Entered: 04/14/2025)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ENVIRONMENTAL INTEGRITY PROJECT (Shelley, Zachary) (Entered: 04/14/2025)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CALIFORNIA COMMUNITIES AGAINST TOXICS (Shelley, Zachary) (Entered: 04/14/2025)

SUMMONS (5) Issued Electronically as to All Defendants. (Attachments: # 1 Notice and Consent)(znmw) (Entered: 04/15/2025)

NOTICE of Submission of Summons by CALIFORNIA COMMUNITIES AGAINST TOXICS, ENVIRONMENTAL INTEGRITY PROJECT, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS (Attachments: # 1 Summons, # 2 Summons)(Shelley, Zachary) (Entered: 04/15/2025)

1 Summons

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2 Summons

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Case Assigned/Reassigned

Case Assigned to Judge Rudolph Contreras. (znmw)

Notice of Error- New Case

NOTICE OF NEW CASE ERROR regarding 1 Complaint,,. The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (znmw)

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (znmw) (Entered: 04/16/2025)

NOTICE of Appearance by Allison Marcy Zieve on behalf of All Plaintiffs (Zieve, Allison) (Entered: 04/29/2025)

ENTERED IN ERROR.....NOTICE of Appearance by Allison Marcy Zieve on behalf of All Plaintiffs (Zieve, Allison) Modified on 4/30/2025; refiled as docket entry 10 (znmw). (Entered: 04/29/2025)

NOTICE of Appearance by Adina H. Rosenbaum on behalf of All Plaintiffs (Rosenbaum, Adina) (Entered: 05/01/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/16/2025. Answer due for ALL FEDERAL DEFENDANTS by 6/15/2025. (Attachments: # 1 Exhibit)(Shelley, Zachary) (Entered: 05/16/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/22/2025. (Attachments: # 1 Exhibit)(Shelley, Zachary) (Entered: 05/16/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. COUNCIL ON ENVIRONMENTAL QUALITY served on 4/29/2025 (Attachments: # 1 Exhibit)(Shelley, Zachary) (Entered: 05/16/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF ENERGY served on 4/21/2025 (Attachments: # 1 Exhibit)(Shelley, Zachary) (Entered: 05/16/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF TRANSPORTATION served on 4/21/2025 (Attachments: # 1 Exhibit)(Shelley, Zachary) (Entered: 05/16/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL EMERGENCY MANAGEMENT AGENCY served on 4/21/2025 (Attachments: # 1 Exhibit)(Shelley, Zachary) (Entered: 05/16/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Andrea Issod, Filing fee $ 100, receipt number ADCDC-11695850. Fee Status: Fee Paid. by SIERRA CLUB. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Shelley, Zachary) (Entered: 05/16/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joya Manjur, Filing fee $ 100, receipt number ADCDC-11695935. Fee Status: Fee Paid. by SIERRA CLUB. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Shelley, Zachary) (Entered: 05/16/2025)

MOTION for Preliminary Injunction by CALIFORNIA COMMUNITIES AGAINST TOXICS, ENVIRONMENTAL INTEGRITY PROJECT, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Patrick Grenter, # 4 Declaration of Pallavi Phartiyal, # 5 Declaration of Jennifer Duggan, # 6 Declaration of Jane Williams)(Shelley, Zachary) (Entered: 05/16/2025)

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CERTIFICATE OF SERVICE by CALIFORNIA COMMUNITIES AGAINST TOXICS, ENVIRONMENTAL INTEGRITY PROJECT, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS re 20 MOTION for Preliminary Injunction . (Shelley, Zachary) (Entered: 05/16/2025)

.Order

MINUTE ORDER: It is HEREBY ORDERED that within 2 weeks the parties shall meet, confer, and submit a proposed schedule governing further proceedings related to 20 Plaintiffs' motion for a preliminary injunction. SO ORDERED. Signed by Judge Rudolph Contreras on 5/18/2025. (lcrc1)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER granting 18 Motion for Leave to Appear Pro Hac Vice: It is HEREBY ORDERED that Andrea Issod be admitted pro hac vice to represent Plaintiff Sierra Club in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Rudolph Contreras on 5/19/2025. (lcrc1)

MINUTE ORDER granting 19 Motion for Leave to Appear Pro Hac Vice: It is HEREBY ORDERED that Joya S. Manjur be admitted pro hac vice to represent Plaintiff Sierra Club in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Rudolph Contreras on 5/19/2025. (lcrc1)

NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 05/28/2025)

PROPOSED BRIEFING SCHEDULE by CALIFORNIA COMMUNITIES AGAINST TOXICS, ENVIRONMENTAL INTEGRITY PROJECT, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. (Shelley, Zachary) (Entered: 05/28/2025)

.Order

MINUTE ORDER: It is HEREBY ORDERED that Defendants shall file their response to 20 Plaintiffs' motion for a preliminary injunction on or before June 11, 2025; and Plaintiffs shall file their reply on or before June 20, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 5/28/2025. (lcrc1)

NOTICE of Appearance by Andrea S. Issod on behalf of SIERRA CLUB (Issod, Andrea) (Main Document 24 replaced on 6/2/2025) (znmw). (Entered: 05/30/2025)

NOTICE of Appearance by Joya Manjur on behalf of SIERRA CLUB (Manjur, Joya) (Main Document 25 replaced on 6/2/2025) (znmw). (Entered: 05/30/2025)

MOTION for Leave to File Amicus BriefIn Support of Plaintiffs' Motion For A Preliminary Injunction by CHESAPEAKE BAY FOUNDATION, INC.,. (Attachments: # 1 Memorandum in Support Proposed Amicus Curiae Brief of Chesapeake Bay Foundation, # 2 Text of Proposed Order Proposed Order Granting Leave to File Amicus - PDF)(Lilley, Taylor) (Entered: 05/30/2025)

Notice of Provisional/Government Not Certified Status

RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 26 MOTION for Leave to File Amicus BriefIn Support of Plaintiffs' Motion For A Preliminary Injunction by CHESAPEAKE BAY FOUNDATION, INC.,. (Attachments: # 1 Memorandum in Support Proposed Amicus Curiae Brief of Chesapeake Bay Foundation, # 2 Text of Proposed Order Proposed Order Granting Leave to File Amicus - PDF)(Lilley, Taylor).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 6/10/2025. (zapb) Modified on 6/4/2025 (zhcn).

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ENVIRONMENTAL PROTECTION AGENCY served on 5/27/2025 (Attachments: # 1 Exhibit)(Shelley, Zachary) (Entered: 06/09/2025)

MOTION to Stay re 1 Complaint,, by COUNCIL ON ENVIRONMENTAL QUALITY, DEPARTMENT OF ENERGY, DEPARTMENT OF TRANSPORTATION, ENVIRONMENTAL PROTECTION AGENCY, FEDERAL EMERGENCY MANAGEMENT AGENCY. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 06/10/2025)

1 Text of Proposed Order

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Memorandum in opposition to re 20 MOTION for Preliminary Injunction filed by COUNCIL ON ENVIRONMENTAL QUALITY, DEPARTMENT OF ENERGY, DEPARTMENT OF TRANSPORTATION, ENVIRONMENTAL PROTECTION AGENCY, FEDERAL EMERGENCY MANAGEMENT AGENCY. (Attachments: # 1 Declaration Motilall, # 2 Declaration Smith, # 3 Declaration D'Ambrosio, # 4 Exhibit D'Ambrosio, # 5 Declaration Kidd, # 6 Declaration Huynh, # 7 Declaration Fontenot, # 8 Exhibit Fontenot)(Jones, Sian) (Entered: 06/11/2025)

RESPONSE re 28 MOTION to Stay re 1 Complaint,, filed by CALIFORNIA COMMUNITIES AGAINST TOXICS, ENVIRONMENTAL INTEGRITY PROJECT, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. (Attachments: # 1 Text of Proposed Order)(Shelley, Zachary) (Entered: 06/11/2025)

REPLY to opposition to motion re 28 Motion to Stay, filed by COUNCIL ON ENVIRONMENTAL QUALITY, DEPARTMENT OF ENERGY, DEPARTMENT OF TRANSPORTATION, ENVIRONMENTAL PROTECTION AGENCY, FEDERAL EMERGENCY MANAGEMENT AGENCY. (Jones, Sian) (Entered: 06/17/2025)

REPLY to opposition to motion re 20 Motion for Preliminary Injunction, filed by CALIFORNIA COMMUNITIES AGAINST TOXICS, ENVIRONMENTAL INTEGRITY PROJECT, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. (Shelley, Zachary) (Entered: 06/20/2025)

Order on Motion to Stay

Order on Motion for Leave to File Amicus Brief

MINUTE ORDER granting 26 Motion for Leave to File Amicus Brief: It is HEREBY ORDERED that Chesapeake Bay Foundation's motion for leave to file a brief as amicus curiae in support of Plaintiffs' Motion for a Preliminary Injunction is GRANTED because the Foundation has unique information or perspective that can help the Court beyond the help that the lawyers for the parties are able to provide. It is FURTHER ORDERED that the amicus brief be docketed as filed as of May 30, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 6/20/2025. (lcrc1)

ORDER denying in part 28 Motion to Stay: It is HEREBY ORDERED that Defendants shall file an answer or other response to 1 Plaintiffs' Complaint within 30 days. SO ORDERED. Signed by Judge Rudolph Contreras on 6/20/2025. (lcrc1)

NOTICE of Voluntary Dismissal re Department of Energy by CALIFORNIA COMMUNITIES AGAINST TOXICS, ENVIRONMENTAL INTEGRITY PROJECT, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS (Shelley, Zachary) (Entered: 07/01/2025)

ORDER denying 20 Motion for Preliminary Injunction. See document for details. Signed by Judge Rudolph Contreras on 7/9/2025. (lcrc1) (Entered: 07/09/2025)

MEMORANDUM OPINION denying 20 Motion for Preliminary Injunction. See document for details. Signed by Judge Rudolph Contreras on 7/9/2025. (lcrc1) (Entered: 07/09/2025)

Joint MOTION for Scheduling Order by CALIFORNIA COMMUNITIES AGAINST TOXICS, ENVIRONMENTAL INTEGRITY PROJECT, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. (Attachments: # 1 Text of Proposed Order)(Shelley, Zachary) (Entered: 07/16/2025)

Order on Motion for Scheduling Order

MINUTE ORDER granting 36 Joint Motion for Scheduling Order: It is HEREBY ORDERED that the following schedule shall govern further proceedings: Defendants' responsive pleading shall be filed on or before July 31, 2025; Plaintiffs' opposition shall be filed on or before August 25, 2025; and Defendants' reply shall be filed on or before September 8, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 7/17/2025. (lcrc1)

Set/Reset Deadlines

Set/Reset Deadlines: Responsive pleading due by 7/31/2025; Opposition due by 8/25/2025, and reply due by 9/8/2025. (tj)

Dismiss

1 Text of Proposed Order

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Motion For Order