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

Opinion

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