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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 ECOLOGICAL RIGHTS FOUNDATION, Case No. 20-cv-06898-SI Plaintiff,

ORDER REQUESTING

Vv. ADDITIONAL BRIEFING U.S. ENVIRONMENTAL PROTECTION

AGENCY,

10 Defendant. 11 a In light of the Ninth Circuit’s recent decision in Transgender Law Center, et al. v. ICE, et

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

14 || additional briefing:

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

= deliberative process privilege to such documents; and

2. Discussing the applicability of the deliberative process privilege to the fifteen draft letters identified in Category 8, and distinguishing these letter drafts from the draft press release and mortality review deemed wrongfully withheld in…