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Sierra Club v. EPA

Filing Date: 2019
Case Categories:
  • Federal Statutory Claims
    • Freedom of Information Act
      • Lawsuits Brought by Plaintiffs Aligned with Environmentalist Interests
Principal Laws:
Freedom of Information Act (FOIA)
Description: Freedom of Information lawsuit against EPA seeking records supporting EPA Administrator Andrew Wheeler's assertions about climate change in a March 2019 television interview.
  • Sierra Club v. EPA
    Docket number(s): 1:19-cv-03018
    Court/Admin Entity: D.D.C.
    Case Documents:
    Filing Date Type File Action Taken Summary
    01/30/2020 Status Report Download Joint status report filed. In a joint status report filed with the district court for the District of Columbia, EPA indicated that it had completed its search for records responsive to Sierra Club’s request for records on which Wheeler relied. The parties said they were conferring as to how EPA would respond to the second part of Sierra Club’s request, which was for “records produced, commissioned, or otherwise obtained by EPA that support the conclusion that ‘most of the threats from climate change are 50 to 75 years out[.]’” The parties proposed to update the court in a joint status report on February 21.
    01/23/2020 Press Release Press release issued by plaintiff. EPA Produced Documents Responding to FOIA Request Regarding Basis for Administrator’s Assertions About Climate Change Impacts. On January 23, 2020, Sierra Club issued a press release saying that documents produced by EPA in response to a Freedom of Information Act (FOIA) lawsuit seeking documents supporting EPA Administrator Andrew Wheeler’s assertions about climate change in a television interview revealed “that there was no factual basis” for Wheeler’s statement that “most of the threats from climate change are 50 to 75 years out.” In a joint status report filed with the district court for the District of Columbia, EPA indicated that it had completed its search for records responsive to Sierra Club’s request for records on which Wheeler relied. The parties said they were conferring as to how EPA would respond to the second part of Sierra Club’s request, which was for “records produced, commissioned, or otherwise obtained by EPA that support the conclusion that ‘most of the threats from climate change are 50 to 75 years out[.]’” The parties proposed to update the court in a joint status report on February 21.
    01/06/2020 Status Report Download Joint status report filed.
    10/09/2019 Complaint Download Complaint filed. Sierra Club Filed Lawsuit Seeking Documents Supporting EPA Administrator’s Climate Change Assertions in TV Interview. Sierra Club filed a Freedom of Information Act (FOIA) lawsuit in federal court in the District of Columbia seeking an order requiring EPA to respond to its request for records on which EPA Administrator Andrew Wheeler relied in a television interview in March 2019 when he asserted that “most of the threats from climate change are 50 to 75 years out.” Sierra Club alleged that Wheeler’s assertion “directly contradicts the clear consensus of the scientific community, including the United States’ own Fourth National Climate Assessment—a monumental work authored by scientists from 13 federal agencies including EPA, and published months before the Administrator’s interview.” Sierra Club alleged that EPA initially signaled it would comply with the FOIA request but later categorically denied it, claiming that the request was not adequately specific. Sierra Club asserted that this was an improper basis for denial of the request.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

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