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Case TitleAQUALLIANCE v. UNITED STATES BUREAU OF RECLAMATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01018
Date Filed2014-06-16
Date Closed2015-09-30
JudgeJudge Ketanji Brown Jackson
PlaintiffAQUALLIANCE
Case DescriptionAqualliance, a non-profit dedicated to defending northern California waterways, submitted a FOIA request to the Bureau of Land Reclamation for records concerning the amount of water transferred in 2013 under the purview of federal and California water authorities. The agency acknowledged receipt of the request, indicated that it was considered a voluminous request, and asked for clarification. Aqualliance provided the needed clarification and BLM indicated it would begin providing interim responses, and, further, that some information might be exempt. Aqualliance submitted a second FOIA request to BLM for records of all applications for approval of specific water transfers from the Sacramento River watershed to south of the Delta. The agency acknowledged receipt of the second request and again indicated that its size meant it would take a considerable amount of time to process. The agency further told Aqualliance that it was reviewing the documents for exemptions. The agency then provided an interim response to the first request. After receiving nothing further pertaining to either request, Aqualliance filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUNITED STATES BUREAU OF RECLAMATION
AppealD.C. Circuit 15-5325
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [25]
FOIA Project Annotation: In the first substantive ruling on (Exemption 9 (data about wells) ever to be decided in the D.C. Circuit, Judge Ketanji Brown Jackson has ruled that the exemption applies to both water and oil wells and that the names and addresses of various participants in water transfer program or real water determinations are not protected by Exemption 6 (invasion of privacy). The case involved a request by AquAlliance to the Bureau of Land Reclamation for records concerning permits for water transfers in the state of California in 2013 and 2014. The agency redacted data relating to well completion, well construction, and the physical location of wells under both Exemption 4 (confidential business information) and Exemption 9. It also redacted identifying information about participants in water transfers or real water determinations. AquAlliance contended that Exemption 9 did not apply to information about water wells, but only to information about oil wells, as seemed to be suggested by the exemption's scant legislative history. Jackson found the legislative history did not help much. She pointed out that "the text is plain and unambiguous; on its face, no distinction is drawn among types of wells, and the text provides no reason to think that water wells would be excluded from the exemption's purview. What is more, although few courts have had occasion to interpret or apply Exemption 9, not a single court has ever read the statute to include the construction that Plaintiff urges." Jackson noted that "the legislative history that AquAlliance points to falls short of the organization's intended goal, insofar as it does not establish that oil and gas wells were Congress's sole concern in adopting Exemption 9. To be sure, the contemporaneous witnesses referenced in the House Report had oil and gasâ€"and the problem of improper speculationâ€"on their minds when Exemption 9 was added, but as other courts have noted in this context, 'water [too] is a precious, limited resource,' and one of increasing scarcity and significance in the twenty-first century. Thus, the expressed purpose of including a FOIA exemption to prevent a windfall for speculators also applies in the context of water wells, and this Court sees no reason that the House Report compels a strained reading of Exemption 9." AquAlliance argued the exemption only applied to proprietary or technical or scientific secrets. Jackson rejected that restriction, noting that "the plain language of Exemption 9 permits the Bureau to redact maps and construction details that reveal geological and geophysical information about the wells, and this Court finds that, even when one draws all factual inferences in favor of the Plaintiff, the Bureau has carried its burden of demonstrating that it has fully discharged its FOIA obligations with regard to this information under the circumstances presented here." Finding that the privacy interest in being part of a water transfer program was de minimis and AquAlliance had shown that disclosure would shed light on government activities, Jackson rejected the agency's exemption 6 claim.
Issues: Exemption 9 - Data on wells, Exemption 6 - Invasion of privacy
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-06-161COMPLAINT against UNITED STATES BUREAU OF RECLAMATION ( Filing fee $ 400 receipt number 0090-3749464) filed by AQUALLIANCE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Attorney General, # 3 Summons for Defendant, # 4 Summons for US Attorney Civil Process Clerk)(Kenna, Matt) (Entered: 06/16/2014)
2014-06-162Corporate Disclosure Statement by AQUALLIANCE. (Kenna, Matt) (Entered: 06/16/2014)
2014-06-16Case Assigned to Judge Ketanji Brown Jackson. (md, ) (Entered: 06/17/2014)
2014-06-173GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. See attached Order for details. Signed by Judge Ketanji Brown Jackson on 6/17/2014. (lckbj1) (Entered: 06/17/2014)
2014-06-184SUMMONS (3) Issued Electronically as to UNITED STATES BUREAU OF RECLAMATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Notice of Consent, # 4 Consent Form) (md, ) (Entered: 06/18/2014)
2014-06-255RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/25/2014. Answer due for ALL FEDERAL DEFENDANTS by 7/25/2014. (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 5 replaced on 6/26/2014) (jf, ). (Entered: 06/25/2014)
2014-06-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES BUREAU OF RECLAMATION served on 6/24/2014 (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 6 replaced on 6/26/2014) (jf, ). (Entered: 06/25/2014)
2014-06-257RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/25/2014. (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 7 replaced on 6/26/2014) (jf, ). (Entered: 06/25/2014)
2014-06-27ENTERED IN ERROR.....MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, by 7/14/2014. Signed by Judge Ketanji Brown Jackson on 06/27/2014. (lckbj1) Modified on 6/30/2014 (jf, ). (Entered: 06/27/2014)
2014-06-30NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry re MINUTE ORDER entered on 06/27/2014, was entered in error and entered in the correct case. (jf, ) (Entered: 06/30/2014)
2014-07-248Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES BUREAU OF RECLAMATION (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 07/24/2014)
2014-07-25MINUTE ORDER granting, for good cause shown, 8 Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint by 8/25/2014. Any further requests for extensions of time must comply with 3 the Court's General Order and Guidelines for Civil Cases. Counsel is specifically directed to Section 5 of the Appendix to the General Order and Guidelines. Signed by Judge Ketanji Brown Jackson on 07/25/2014. (lckbj1, ) (Entered: 07/25/2014)
2014-08-219Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES BUREAU OF RECLAMATION (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 08/21/2014)
2014-08-22ORDER granting, for good cause shown, 9 Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint by 10/9/2014. Signed by Judge Ketanji Brown Jackson on 8/22/2014. (lckbj1) (Entered: 08/22/2014)
2014-10-0810Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES BUREAU OF RECLAMATION (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 10/08/2014)
2014-10-08MINUTE ORDER granting, for good cause shown, Defendant's 10 Consent Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint by 12/9/2014. Signed by Judge Ketanji Brown Jackson on 10/08/2014. (lckbj2) (Entered: 10/08/2014)
2014-10-09Set/Reset Deadline: The Defendant shall answer or otherwise respond to the complaint by 12/9/2014. (ad) (Entered: 10/09/2014)
2014-12-0911Joint MOTION for Briefing Schedule by UNITED STATES BUREAU OF RECLAMATION (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 12/09/2014)
2014-12-11MINUTE ORDER granting 11 Motion for Briefing Schedule and setting briefing schedule for dispositive motions: Defendant's Motion for Summary Judgment is due by 1/26/2015. Plaintiff's Consolidated Opposition to Defendant's Motion for Summary Judgment and Cross Motion for Summary Judgment is due by 2/25/2015. Plaintiff's Consolidated Reply in Support of its Motion for Summary Judgment and Opposition to Defendant's Cross Motion for Summary Judgment is due by 3/27/2015. Plaintiff's Reply in Support of its Cross Motion for Summary Judgment is due by 4/10/2015. Signed by Judge Ketanji Brown Jackson on 12/11/2014. (lckbj1) (Entered: 12/11/2014)
2015-01-2312Consent MOTION for Extension of Time to File by UNITED STATES BUREAU OF RECLAMATION (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 01/23/2015)
2015-01-28MINUTE ORDER granting, for good cause shown, 12 Consent Motion for Extension of Time, nunc pro tunc to 1/26/2015. It is hereby ORDERED that the briefing schedule in this matter is modified as followed: Defendant's Motion for Summary Judgment is due by 2/2/2015. Plaintiff's Consolidated Opposition to Defendant's Motion for Summary Judgment and Cross Motion for Summary Judgment is due by 3/4/2015. Plaintiff's Consolidated Reply in Support of its Motion for Summary Judgment and Opposition to Defendant's Cross Motion for Summary Judgment is due by 4/3/2015. Plaintiff's Reply in Support of its Cross Motion for Summary Judgment is due by 4/17/2015. Signed by Judge Ketanji Brown Jackson on 1/28/2015. (lckbj1) (Entered: 01/28/2015)
2015-02-0213Vaughn Index . (Attachments: # 1 Vaughn Index, # 2 Vaughn Index)(Ross, Carl) (Entered: 02/02/2015)
2015-02-0214MOTION for Summary Judgment by UNITED STATES BUREAU OF RECLAMATION (Attachments: # 1 Exhibit 1, # 2 Exhibit A to Declaration, # 3 Exhibit B to Declaration, # 4 Text of Proposed Order)(Ross, Carl) (Entered: 02/02/2015)
2015-02-2715Cross MOTION for Summary Judgment by AQUALLIANCE (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Kenna, Matt) (Entered: 02/27/2015)
2015-02-2716RESPONSE re 14 MOTION for Summary Judgment filed by AQUALLIANCE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Kenna, Matt) (Entered: 02/27/2015)
2015-04-0317Consent MOTION for Extension of Time to File Response/Reply as to 15 Cross MOTION for Summary Judgment by UNITED STATES BUREAU OF RECLAMATION (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 04/03/2015)
2015-04-05MINUTE ORDER granting, for good cause shown, 17 Motion for Extension of Time to File Response/Reply re 15 Cross MOTION for Summary Judgment , 14 MOTION for Summary Judgment. Defendant's consolidated reply in support of its motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment is due by 4/20/2015. Signed by Judge Ketanji Brown Jackson on 04/04/2015. (lckbj1) (Entered: 04/05/2015)
2015-04-2018MOTION for Extension of Time to File Response/Reply as to 15 Cross MOTION for Summary Judgment , 14 MOTION for Summary Judgment by UNITED STATES BUREAU OF RECLAMATION (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 04/20/2015)
2015-04-2019RESPONSE re 18 MOTION for Extension of Time to File Response/Reply as to 15 Cross MOTION for Summary Judgment , 14 MOTION for Summary Judgment filed by AQUALLIANCE. (Kenna, Matt) (Entered: 04/20/2015)
2015-04-22MINUTE ORDER granting, for good cause shown, 18 Motion for Extension of Time to File Response/Reply re 15 Cross MOTION for Summary Judgment, 14 MOTION for Summary Judgment. Defendant's consolidated reply in support of its motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment is due by 4/27/2015. No further extensions of this deadline will be granted. Signed by Judge Ketanji Brown Jackson on 04/22/2015. (lckbj1, ) (Entered: 04/22/2015)
2015-04-2720Memorandum in opposition to re 15 Cross MOTION for Summary Judgment filed by UNITED STATES BUREAU OF RECLAMATION. (Attachments: # 1 Exhibit 1)(Ross, Carl) (Entered: 04/27/2015)
2015-04-2721REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by UNITED STATES BUREAU OF RECLAMATION. (Attachments: # 1 Exhibit 1)(Ross, Carl) (Entered: 04/27/2015)
2015-05-0722NOTICE OF CORRECTED FILING by AQUALLIANCE re 15 Cross MOTION for Summary Judgment , 16 Response to motion (Attachments: # 1 Memorandum in Support Corrected, # 2 Exhibit 1 Corrected, # 3 Exhibit 2)(Kenna, Matt) (Entered: 05/07/2015)
2015-05-0723REPLY to opposition to motion re 15 Cross MOTION for Summary Judgment , 14 MOTION for Summary Judgment filed by AQUALLIANCE. (Attachments: # 1 Exhibit 3)(Kenna, Matt) (Entered: 05/07/2015)
2015-09-3024ORDER granting in part and denying in part 14 Defendant's Motion for Summary Judgment; granting in part and denying in part 15 Plaintiff's Cross-Motion for Summary Judgment. See attached Order for details.. Signed by Judge Ketanji Brown Jackson on September 30, 2014. (lckbj3, ) (Entered: 09/30/2015)
2015-10-1425MEMORANDUM OPINION granting in part and denying in part 14 Defendant's Motion for Summary Judgment, and granting in part and denying in part 15 Plaintiff's Cross-Motion for Summary Judgment, as stated in this Court's 24 Order of September 30, 2015. Signed by Judge Ketanji Brown Jackson on October 14, 2015. (lckbj3, ) (Entered: 10/14/2015)
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