Ecological Rights Foundation v. U.S. Environmental Protection Agency

N.D. California

Ecological Rights Foundation v. U.S. Environmental Protection Agency

DecidedMay 12, 2022

Docket3:20-cv-06898

StatusUnknown

This text of Ecological Rights Foundation v. U.S. Environmental Protection Agency (Ecological Rights Foundation v. U.S. Environmental Protection Agency) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ecological Rights Foundation v. U.S. Environmental Protection Agency, (N.D. Cal. 2022).

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 ECOLOGICAL RIGHTS FOUNDATION, Case No. 20-cv-06898-SI 7 Plaintiff, ORDER REQUESTING 8 Vv. ADDITIONAL BRIEFING 9 U.S. ENVIRONMENTAL PROTECTION AGENCY, 10 Defendant. 11 a 12 In light of the Ninth Circuit’s recent decision in Transgender Law Center, et al. v. ICE, et

13 al., No. 20-17416, 2022 WL 1494722 (9th Cir. May 12, 2022), the Court instructs the parties to file

14 || additional briefing:

15 1. Identifying specific withheld documents that are analogous to the “draft mortality 16 review” discussed in the Ninth Circuit’s decision, and discussing the applicability of the

= 17 deliberative process privilege to such documents; and

18 2. Discussing the applicability of the deliberative process privilege to the fifteen draft 19 letters identified in Category 8, and distinguishing these letter drafts from the draft press 20 release and mortality review deemed wrongfully withheld in the Ninth Circuit’s recent 21 decision. 22 || EcoRights should submit briefing by May 20, 2022; EPA should submit responsive briefing by May 23 || 27, 200. Briefs may not exceed ten pages. 24 25 IT IS SO ORDERED. 26 || Dated: May 12, 2022 Ste WU tee 27 28 SUSAN ILLSTON United States District Judge

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 ECOLOGICAL RIGHTS FOUNDATION, Case No. 20-cv-06898-SI 7 Plaintiff, ORDER REQUESTING 8 Vv. ADDITIONAL BRIEFING 9 U.S. ENVIRONMENTAL PROTECTION AGENCY, 10 Defendant. 11 a 12 In light of the Ninth Circuit’s recent decision in Transgender Law Center, et al. v. ICE, et

13 al., No. 20-17416, 2022 WL 1494722 (9th Cir. May 12, 2022), the Court instructs the parties to file

14 || additional briefing:

15 1. Identifying specific withheld documents that are analogous to the “draft mortality 16 review” discussed in the Ninth Circuit’s decision, and discussing the applicability of the

= 17 deliberative process privilege to such documents; and

18 2. Discussing the applicability of the deliberative process privilege to the fifteen draft 19 letters identified in Category 8, and distinguishing these letter drafts from the draft press 20 release and mortality review deemed wrongfully withheld in the Ninth Circuit’s recent 21 decision. 22 || EcoRights should submit briefing by May 20, 2022; EPA should submit responsive briefing by May 23 || 27, 200. Briefs may not exceed ten pages. 24 25 IT IS SO ORDERED. 26 || Dated: May 12, 2022 Ste WU tee 27 28 SUSAN ILLSTON United States District Judge

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Ecological Rights Foundation v. U.S. Environmental Protection Agency, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ecological-rights-foundation-v-us-environmental-protection-agency-cand-2022.