Case Detail

FOIA Project Annotation: Judge Ketanji Brown Jackson has ruled that the Fish and Wildlife Service did not conduct an adequate search for the administrative record of a 1999 delisting petition submitted under the Endangered Species Act. Conservation Force requested the entire administrative record for a 1999 petition filed to delist the straight-horned markhor, a wild goat found in Pakistan, as an endangered species. Under the ESA, FWS is required to assess the merit of a delisting petition within 90 days and then, if it concludes the petition has merit, to publish a final decision within 12 months. The agency found the markhor delisting petition had merit, but never published a final decision. After failing to force the agency to act on the petition, Conservation Force requested the entire administrative record. The agency produced the administrative record up to the 90-day decision and indicated it had not withheld any information. However Conservation Force argued that the entire administrative record also included any records compiled since that decision. Jackson agreed. She explained that "the Service found that the 1999 delist petition had merit at the 90-day stage; therefore, the agency had a mandatory statutory duty to make a 12-month finding. This the agency did not do, but that by no means establishes that the Service did not take final action with respect to the 1999 downlist petition. What is more, courts in this district have found that the type of inaction at issue hereâ€"an agency's failure to make a 12-month findingâ€"constitutes final agency action for the purposes of review under the Administrative Procedures Act and there is no reason why such inaction should be treated differently for the purpose of the agency's duty to produce record documents under the FOIA." She noted that "the Service's failure to publish a 12-month finding, in violation of its statutory duty to do so, constitutes a final agency action in this case such that documents that the Service generated or considered in regard to the 199 downlist petition after the 90-day finding was made (including but not limited to documents that were part of the mandatory notice and comment period for the 12-month finding) are part of the 'entire Administrative Record' for purposes of Plaintiff's FOIA request." Jackson rejected the agency's claim that a parenthetical in the FOIA request identifying the specific petition served to limit the scope of the request. Instead, she pointed out that "a liberal reading is nonetheless required, and any fair construction of Plaintiff's FOIA request cannot foreclose the possibility that Plaintiff wants the whole record, even if the language also mentions a subset of that category of documents. Indeed, when the request is liberally construed, the most that can be said about Plaintiff's FOIA request is that it is ambiguous: it either directs the Service to the particular type of document sought within the broader category of the entire administrative record (as the Service argues) or indicates Plaintiff's heightened interest in a particular subset of the larger category of materials that is being specifically requested. And assuming that the FOIA request is subject to both of these reasonable readings, the Service had a duty under the FOIA to select the interpretation that would likely yield the greatest number of responsive documents."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2012-08-27	1	COMPLAINT against DANIEL M. ASHE, UNITED STATES FISH AND WILDLIFE SERVICE ( Filing fee $ 350, receipt number 4616051095) filed by CONSERVATION FORCE. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 09/04/2012)
2012-08-27		SUMMONS (4) Issued as to DANIEL M. ASHE, UNITED STATES FISH AND WILDLIFE SERVICE, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 09/04/2012)
2012-08-27	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CONSERVATION FORCE (jf, ) (Entered: 09/04/2012)
2012-09-05	3	STANDING ORDER. Signed by Judge Beryl A. Howell on 09/05/2012. (lcbah2) (Entered: 09/05/2012)
2012-10-04	4	ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/27/2012. (Jackson, John) Modified on 10/5/2012 (td, ). (Entered: 10/04/2012)
2012-10-04	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/27/2012. Answer due for ALL FEDERAL DEFENDANTS by 10/27/2012. (Jackson, John) (Entered: 10/04/2012)
2012-10-04	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DANIEL M. ASHE served on 9/26/2012 (Jackson, John) (Entered: 10/04/2012)
2012-10-04	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES FISH AND WILDLIFE SERVICE served on 9/26/2012 (Jackson, John) (Entered: 10/04/2012)
2012-10-04	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/27/2012. (Jackson, John) (Entered: 10/04/2012)
2012-10-04		NOTICE OF CORRECTED DOCKET ENTRY: re 4 Summons Returned Executed as to U.S. Attorney General was entered in error and counsel refiled said document as docket entry no. 8 . (td, ) (Entered: 10/05/2012)
2012-10-31	9	MOTION for Extension of Time to File Answer by DANIEL M. ASHE (Morgan, Keith) (Entered: 10/31/2012)
2012-11-01		MINUTE ORDER (paperless) granting defendants' 9 Motion to Enlarge Time to File an Answer or Other Response to Plaintiff's Complaint. The defendants shall file an Answer or other response to Plaintiff's Complaint by November 29, 2012. Signed by Judge Beryl A. Howell on 11/01/2012. (lcbah2) (Entered: 11/01/2012)
2012-11-01		Set/Reset Deadlines: Answer due by 11/29/2012. (tg, ) (Entered: 11/01/2012)
2012-11-20	10	NOTICE OF SUBSTITUTION OF COUNSEL by Wyneva Johnson on behalf of DANIEL M. ASHE, UNITED STATES FISH AND WILDLIFE SERVICE Substituting for attorney Keith V. Morgan (Johnson, Wyneva) (Entered: 11/20/2012)
2012-11-29	11	MOTION to Dismiss , MOTION for Summary Judgment by DANIEL M. ASHE, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Affidavit Declaration of Helen Speights, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Text of Proposed Order)(Johnson, Wyneva) (Entered: 11/29/2012)
2012-12-04	12	NOTICE OF FILING OF COMPUTER DISC PREVIOUSLY RELEASED TO PLAINTIFF AND DUPLICATE DISC IN BATE-STAMPED FORM by DANIEL M. ASHE, UNITED STATES FISH AND WILDLIFE SERVICE re 11 MOTION to Dismiss MOTION for Summary Judgment (Johnson, Wyneva) (Entered: 12/04/2012)
2012-12-17	13	Memorandum in opposition to re 11 MOTION to Dismiss MOTION for Summary Judgment and Cross-motion for Summary Judgment filed by CONSERVATION FORCE. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Jackson, John) (Entered: 12/17/2012)
2012-12-18		NOTICE OF ERROR re 13 Memorandum in Opposition; emailed to jjw-no@att.net, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Counsel is instructed to docket the motion as a separate entry. (zrdj, ) (Entered: 12/18/2012)
2012-12-18	14	Cross MOTION for Summary Judgment by CONSERVATION FORCE (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Jackson, John) (Entered: 12/18/2012)
2012-12-20	15	Consent MOTION for Extension of Time to File Response/Reply as to 14 Cross MOTION for Summary Judgment , 11 MOTION to Dismiss MOTION for Summary Judgment by DANIEL M. ASHE, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 12/20/2012)
2012-12-21		MINUTE ORDER (paperless) granting 15 Defendants' Consent Motion for Enlargement of Time to File Reply in Further Support of Defendants' Motion to Dismiss, or Alternatively, for Summary Judgment, and Opposition to Plaintiff's Cross-Motion for Summary Judgment. The defendants shall file their consolidated Reply/Opposition brief on or before January 16, 2013. Signed by Judge Beryl A. Howell on 12/21/12. (lcbah2) (Entered: 12/21/2012)
2012-12-21		Set/Reset Deadlines: Reply to Dispositive Motion/Opposition to Cross Motion due by 1/16/2013. (tg, ) (Entered: 12/21/2012)
2013-01-16	16	RESPONSE re 11 MOTION to Dismiss MOTION for Summary Judgment filed by DANIEL M. ASHE, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: # 1 Declaration of Helen Speights, # 2 Text of Proposed Order)(Johnson, Wyneva) Modified on 1/17/2013 to correct linkage and enhance text(rdj). (Entered: 01/16/2013)
2013-01-16	17	Memorandum in opposition to re 14 Cross MOTION for Summary Judgment filed by DANIEL M. ASHE, UNITED STATES FISH AND WILDLIFE SERVICE. (Johnson, Wyneva) (Entered: 01/16/2013)
2013-01-28	18	REPLY to opposition to motion re 14 Cross MOTION for Summary Judgment filed by CONSERVATION FORCE. (Jackson, John) (Entered: 01/28/2013)
2013-04-05		Case reassigned to Judge Ketanji Brown Jackson. Judge Beryl A. Howell no longer assigned to the case. (ds) (Entered: 04/05/2013)
2013-10-10	19	ORDER denying 11 Defendant's Motion to Dismiss or in the Alternative for Summary Judgment and granting 14 Plaintiff's Cross-Motion for Summary Judgment. See attached order for details. Signed by Judge Ketanji Brown Jackson on 10/10/2013.(lckbj2) (Entered: 10/10/2013)
2013-10-10	20	MEMORANDUM OPINION. Signed by Judge Ketanji Brown Jackson on 10/10/2013. (lckbj2) (Main Document 20 replaced on 10/11/2013) (ztnr, ) (Entered: 10/10/2013)
2013-10-22	21	Unopposed MOTION for Extension of Time to File Motion for Attorney's Fees and Costs by CONSERVATION FORCE (Attachments: # 1 Declaration Sworn Declaration of John J. Jackson, III)(Jackson, John) (Entered: 10/22/2013)
2013-10-23		MINUTE ORDER granting 21 Unopposed Motion for Extension of Time to File a motion for attorneys' fees and costs. It is hereby ORDERED that Plaintiff's motion for attorneys' fees and costs is due by 11/21/2013. Signed by Judge Ketanji Brown Jackson on 10/23/2013. (lckbj3) (Entered: 10/23/2013)
2013-11-21	22	MOTION for Attorney Fees by CONSERVATION FORCE (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Jackson, John) (Entered: 11/21/2013)
2013-12-09	23	Consent MOTION for Extension of Time to File a Response to Plaintiff's Motion for Attorney's Fees and Costs by DANIEL M. ASHE, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 12/09/2013)
2013-12-10		MINUTE ORDER granting 23 Consent Motion for Extension of Time to file a response to plaintiff's 22 motion for attorneys' fees and costs. For good cause shown, it is hereby ORDERED that Defendants' response shall be filed by 12/20/2013. Signed by Judge Ketanji Brown Jackson on 12/10/2013. (lckbj3) (Entered: 12/10/2013)
2013-12-10	24	Consent MOTION for Extension of Time to File Response/Reply in Support of Plaintiff's Motion for Attorney's Fees and Costs by CONSERVATION FORCE (Jackson, John) (Entered: 12/10/2013)
2013-12-10		MINUTE ORDER granting 24 Consent Motion for Extension of Time to File a reply in support of plaintiff's 22 motion for attorneys' fees and costs. For good cause shown, it is hereby ORDERED that plaintiff's reply shall be filed by 1/10/2014. Signed by Judge Ketanji Brown Jackson on 12/10/2013. (lckbj3) (Entered: 12/10/2013)
2013-12-20	25	Consent MOTION for Extension of Time to File a Response to Plaintiff's Motion for Attorney's Fees and Costs by DANIEL M. ASHE, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 12/20/2013)
2013-12-23		MINUTE ORDER granting 25 Motion for Extension of Time to File a Response to Plaintiff's Motion for Attorney's Fees and Costs. Response due by 1/6/2014. Reply due by 1/22/2014. Signed by Judge Ketanji Brown Jackson on 12/23/2013. (lckbj1) (Entered: 12/23/2013)
2014-01-06	26	Consent MOTION for Extension of Time to File a Response to Plaintiff's Motion for Attorney's Fees and Costs by DANIEL M. ASHE, UNITED STATES FISH AND WILDLIFE SERVICE (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 01/06/2014)
2014-01-10		MINUTE ORDER granting, for good cause shown, 26 Motion for Extension of Time to File a Response to Plaintiff's Motion for Attorney's Fees and Costs. Response to motion due by 1/24/2014; reply in further support of motion due by 2/7/2014. Signed by Judge Ketanji Brown Jackson on 1/10/2014. (lckbj1) (Entered: 01/10/2014)
2014-01-31	27	STIPULATION (Stipulation of Settlement and Dismissal) by DANIEL M. ASHE, UNITED STATES FISH AND WILDLIFE SERVICE. (Johnson, Wyneva) (Entered: 01/31/2014)
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