Case Detail

FOIA Project Annotation: Judge Ellen Segal Huvelle has ruled that the Interior Department did not conduct an adequate search when responding to a request by the environmental group Friends of Blackwater for records pertaining to bird and bat mortality and injury caused by industrial wind turbine power-generating facilities. The request was handled by the Fish and Wildlife Service, whose Office of Law Enforcement released eight redacted investigative reports and withheld 78 others, claiming Exemption 7(A) (interference with law enforcement investigation or proceeding). Friends of Blackwater challenged the exemption claims and the adequacy of the search. The agency then disclosed all the investigatory reports. Huvelle first found that FWS had failed to show that it conducted an adequate search of its own records. She noted that "at least two documents that appear to have originated in the FWS Director's Office were produced to plaintiff by other bureaus during the initial search, yet no drafts or related correspondence were turned up in the FWS's search of the Director's Office. The plaintiff calls this 'inconceivable' and the Court is inclined to agree." She added that "the failure to produce documents known to have originated in the Director's Office casts 'substantial doubt' on the sufficiency of the search of that office. Such a failure calls into question whether the search was 'reasonably calculated to uncover all relevant documents.'" Friends of Blackwater also claimed it was likely that the Office of the Secretary had responsive records, but the agency argued "a request to search the Office of the Secretary was not embraced by plaintiff's original request letter or in its complaint." Huvelle indicated that "the Service makes no claim that responsive documents are not likely to be found in the Office of the Secretary, but rather that it has 'no obligation' to perform the search based on the scope of the original request. Yet this argument fails to take into account [a provision of the agency's FOIA regulations], which imposes just such an obligation on offices within the Department of the Interior. Thus, not only does the Service have an obligation to construe the language of plaintiff's FOIA request liberally, under [the FOIA regulation] it must refer the request to another office if it is reasonably likely to contain responsive records. As pointed out by plaintiff (and not contested by defendants), the Office of the Secretary is responsible for setting policy throughout the Department of the Interior and it is reasonable to conclude that responsive documents are likely to be maintained there. Therefore, the Service's failure to refer plaintiff's FOIA request to the Office of the Secretary renders its search inadequate."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2004-11-16	1	COMPLAINT against UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE (Filing fee $ 150) filed by FRIENDS OF BLACKWATER.(jf, ) (Entered: 11/17/2004)
2004-11-16		SUMMONS (4) Issued as to UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 11/17/2004)
2004-12-07	2	NOTICE of Appearance by Brentin Vaughn Evitt on behalf of all defendants (Evitt, Brentin) (Entered: 12/07/2004)
2004-12-23	3	ANSWER to Complaint by UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE.(Evitt, Brentin) (Entered: 12/23/2004)
2004-12-29	4	ORDER that defendant shall file a motion to dismiss or for summary judgment on or before 2/7/05. Signed by Judge Ellen S. Huvelle on 12/29/04. (BL, ) (Entered: 12/29/2004)
2004-12-29		Set/Reset Deadlines: Motion to dismiss and/or Motion for Summary Judgment motions due by 2/7/2005. (gdf) (Entered: 01/12/2005)
2005-02-03	5	Unopposed MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Text of Proposed Order)(Evitt, Brentin) (Entered: 02/03/2005)
2005-02-03		Minute ORDER granting 5 Motion for Extension of Time to file dispositive motion to 3/21/05. Signed by Judge Ellen S. Huvelle on 2/3/05. (BL, ) (Entered: 02/03/2005)
2005-02-03		Set/Reset Deadlines: Dispositive Motions due by 3/21/2005. (gdf, ) (Entered: 02/09/2005)
2005-03-18	6	Unopposed MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 )(Evitt, Brentin) (Entered: 03/18/2005)
2005-03-18		Minute ORDER granting 6 Motion for Extension of Time to File Dispositive Motion 3/28/05. Signed by Judge Ellen S. Huvelle on 3/18/05. (BL, ) (Entered: 03/18/2005)
2005-03-28	7	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Statement of Material Facts# 2 Memorandum of Points & Authorities# 3 Proposed Order# 4 # 5 # 6 # 7 # 8 )(Evitt, Brentin) (Entered: 03/28/2005)
2005-04-07	8	Unopposed MOTION for Extension of Time to file Opposition to Defendants' Motion for Summary Judgment by FRIENDS OF BLACKWATER. (Attachments: # 1 Text of Proposed Order)(Ockene, Kimberly) (Entered: 04/07/2005)
2005-04-07		Minute ORDER granting 8 Motion for Extension of Time to File Opposition to 5/6/05. Signed by Judge Ellen S. Huvelle on 4/7/05. (BL, ) (Entered: 04/07/2005)
2005-04-07		Set/Reset Deadlines: Responses due by 5/6/2005 (gdf) (Entered: 04/08/2005)
2005-05-03	9	Joint MOTION for Extension of Time to File Plaintiff's Opposition and Defendants' Reply by UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Text of Proposed Order)(Evitt, Brentin) (Entered: 05/03/2005)
2005-05-03		Minute ORDER granting 9 Motion for Extension of Time to file opposition to 5/12/05 and reply to 6/14/05. THERE WILL BE NO FURTHER CONTINUANCES. Signed by Judge Ellen S. Huvelle on 5/3/05. (BL, ) Modified on 5/3/2005 (BL, ). (Entered: 05/03/2005)
2005-05-03		Set/Reset Deadlines: Responses due by 5/12/2005. Replies due by 6/14/2005. (gdf) (Entered: 05/06/2005)
2005-05-12	10	Memorandum in opposition to motion re 7 filed by FRIENDS OF BLACKWATER. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Errata P# 17 Exhibit Q# 18 Exhibit R# 19 Errata S# 20 Exhibit T# 21 Exhibit U# 22 Exhibit V# 23 Text of Proposed Order)(Ockene, Kimberly) Modified on 5/13/2005 (jf, ). (Entered: 05/12/2005)
2005-05-13	11	CROSS MOTION for Summary Judgment by FRIENDS OF BLACKWATER. (to view document, click on link #10) (jf, ) (Entered: 05/13/2005)
2005-06-09	12	Unopposed MOTION for Extension of Time to File Opposition by UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Text of Proposed Order)(Evitt, Brentin) (Entered: 06/09/2005)
2005-06-10		Minute ORDER granting 12 Motion for Extension of Time to file opposition to plaintiff's cross-motion for summary judgment on 6/22/05. Signed by Judge Ellen S. Huvelle on 6/10/05. (BL) (Entered: 06/10/2005)
2005-06-22	13	Unopposed MOTION for Extension of Time to File Opposition by UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Text of Proposed Order)(Evitt, Brentin) (Entered: 06/22/2005)
2005-06-22		Minute ORDER granting 13 Motion for Extension of Time to File Opposition to 7/6/05; reply shall be filed on or before 7/27/05. Signed by Judge Ellen S. Huvelle on 6/22/05. (BL) (Entered: 06/22/2005)
2005-06-22		Set/Reset Deadlines: Responses due by 7/6/2005 Replies due by 7/27/2005. (gdf) (Entered: 06/28/2005)
2005-07-06	14	Memorandum in opposition to motion re 11 Plaintiff's Cross-Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Text of Proposed Order # 2 Affidavit of Johnny R. Hunt)(Evitt, Brentin) (Entered: 07/06/2005)
2005-07-26	15	Unopposed MOTION for Extension of Time to File Response/Reply by FRIENDS OF BLACKWATER. (Attachments: # 1 Text of Proposed Order)(Ockene, Kimberly) (Entered: 07/26/2005)
2005-07-26		Minute ORDER granting 15 plaintiff's Unopposed Motion for Enlargement of Time. Plaintiff must file its Reply in Support of Plaintiff's Cross-Motion for Summary Judgment on or before July 29, 2005. Signed by Judge Ellen S. Huvelle on 7/26/05. (lcesh1, ) (Entered: 07/26/2005)
2005-07-26		Set/Reset Deadlines: Reply to Cross Motions due by 7/29/2005. (gdf) (Entered: 07/26/2005)
2005-07-29	16	REPLY to opposition to motion re 11 summary judgment filed by FRIENDS OF BLACKWATER. (Attachments: # 1 Plf. Supp. Exh. A# 2 Plf. Supp. Exh. B# 3 Plf. Supp. Exh. C)(Ockene, Kimberly) (Entered: 07/29/2005)
2005-09-20	17	ORDER denying 7 Motion for Summary Judgment, granting 11 Motion for Summary Judgment . Signed by Judge Ellen S. Huvelle on 9/20/05. (BL) (Entered: 09/20/2005)
2005-09-20	18	MEMORANDUM AND OPINION re Motions for Summary Judgment [## 7, 11]. Signed by Judge Ellen S. Huvelle on 9/20/05. (BL) (Entered: 09/20/2005)
2005-10-04	19	Unopposed MOTION for Extension of Time to file request for attorneys' fees by FRIENDS OF BLACKWATER. (Attachments: # 1 Text of Proposed Order)(Ockene, Kimberly) (Entered: 10/04/2005)
2005-10-04		Minute ORDER granting 19 Motion for Extension of Time to file motion for fees and costs. Signed by Judge Ellen S. Huvelle on 10/4/05. (BL) (Entered: 10/04/2005)
2005-11-04	20	STATUS REPORT by UNITED STATES DEPARTMENT OF THE INTERIOR, UNITED STATES FISH AND WILDLIFE SERVICE. (Evitt, Brentin) (Entered: 11/04/2005)
2005-11-23	21	Consent MOTION for Extension of Time to file request for fees by FRIENDS OF BLACKWATER. (Attachments: # 1 Text of Proposed Order)(Ockene, Kimberly) (Entered: 11/23/2005)
2005-11-28		Minute ORDER granting 21 Motion for Extension of Time to file request for fees. Signed by Judge Ellen S. Huvelle on 11/28/05. (BL) (Entered: 11/28/2005)
2006-01-06	22	Third MOTION for Extension of Time to file petition for fees and costs by FRIENDS OF BLACKWATER. (Attachments: # 1 Text of Proposed Order)(Ockene, Kimberly) (Entered: 01/06/2006)
2006-01-10		Minute ORDER granting 22 Motion for Extension of Time to file a request for fees. Plaintiff must file its motion for attorneys' fees and costs no later than 3/6/06, and the stipulation of dismissal shall be filed by the parties on or before 2/10/06. Signed by Judge Ellen S. Huvelle on 1/10/06. (BL) (Entered: 01/10/2006)
2006-01-10		Set/Reset Deadlines: Motion due by 3/6/2006. (gdf) (Entered: 01/17/2006)
2006-02-08	23	NOTICE of Change of Address by Brentin Vaughn Evitt (Evitt, Brentin) (Entered: 02/08/2006)
2006-02-10	24	STIPULATION of Dismissal by FRIENDS OF BLACKWATER. (Ockene, Kimberly) (Entered: 02/10/2006)
2006-03-06	25	Consent MOTION for Extension of Time to file stipulation of dismissal or motion for fees by FRIENDS OF BLACKWATER. (Attachments: # 1 Text of Proposed Order)(Ockene, Kimberly) (Entered: 03/06/2006)
2006-03-08		MINUTE ORDER granting 25 Motion for Extension of Time to File Stipulation of Dismissal or Motion for Fees until 3/13/06. Signed by Judge Ellen S. Huvelle on 3/8/06. (BL) (Entered: 03/08/2006)
2006-03-08		Set/Reset Deadlines: Motion for fees or Stipulation of Dismissal due by 3/13/2006. (gdf) (Entered: 03/08/2006)
2006-03-13	26	STIPULATION of Dismissal (Joint) by FRIENDS OF BLACKWATER. (Ockene, Kimberly) (Entered: 03/13/2006)
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