Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that Energy Policy Advocates failed to show that it was entitled to expedited processing for records concerning possible ethical considerations surrounding Department of Interior official Elizabeth Klein. EPA submitted a FOIA request to Interior for documents produced or received by employees within the Departmental Ethics Office pertaining to Klein. EPA also requested expedited processing, claiming there was an urgency to inform the public about the issue. The agency denied the request for expedited processing and EPA filed suit challenging the denial. The agency argued that it denied EPA's expedited processing request because EPA had failed to show that it was primarily involved in disseminating information and that it failed to demonstrate the underlying urgency for processing the records expeditiously. Noting that an assessment of eligibility for expedited processing is based on the administrative record before the agency, Boasberg indicated that "the Administrative Record contains no proof that EPA has previously been considered an entity primarily engaged in disseminating information." He observed EPA had shown some success in being granted a fee waiver but noted that "while the Fee Waiver section thus provides some evidence that EPA engages in disseminating information, it is difficult to conclusively evaluate â€" based on the administrative record alone â€" whether that is the group's primary function." Boasberg indicated that EPA had failed to show urgency as well. He pointed out that "while the request may suggest that the requested information is important in some sense, it failed to identify any specific reason to conclude that obtaining the requested documents is time sensitive." He added that "it is also worth noting that Interior has already produced a significant number of the requested documents and that it anticipates producing all remaining ones within the next five months. . . In sum, there is no basis for offering Plaintiff special treatment not available to similarly situated FOIA requesters, most of whom are patiently waiting in line."
Issues: Expedited processing - Compelling Need

Date Filed	Doc #	Docket Text
2021-05-06	1	COMPLAINT against DEPARTMENT OF THE INTERIOR ( Filing fee $ 402 receipt number ADCDC-8430883) filed by ENERGY POLICY ADVOCATES. (Attachments: # 1 Summons Dept. of Interior, # 2 Summons U.S. Attorney, # 3 Summons Attorney COMPLAINT against DEPARTMENT OF THE INTERIOR ( Filing fee $ 402 receipt number ADCDC-8430883) filed by ENERGY POLICY ADVOCATES. (Attachments: # 1 Summons Dept. of Interior, # 2 Summons U.S. Attorney, # 3 Summons Attorney General, # 4 Civil Cover Sheet Civil Cover Sheet)(Hardin, Matthew) (Attachment 4 replaced on 5/7/2021) (zsb).General, # 4 Civil Cover Sheet Civil Cover Sheet)(Hardin, Matthew) (Entered: 05/06/2021)
2021-05-07		NOTICE OF ERROR re 1 Complaint; emailed to MatthewDHardin@gmail.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Form filed as fillable PDF. Please file form in a non-fillable PDF format., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, ) (Entered: 05/07/2021)
2021-05-07	2	CIVIL COVER SHEET (Corrected per Notice) by ENERGY POLICY ADVOCATES re 1 Complaint,, filed by ENERGY POLICY ADVOCATES. Related document: 1 Complaint,, filed by ENERGY POLICY ADVOCATES.(Hardin, Matthew) (Entered: 05/07/2021)
2021-05-07		Case Assigned to Judge James E. Boasberg. (zsb) (Entered: 05/07/2021)
2021-05-10	3	SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF THE INTERIOR, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 05/10/2021)
2021-05-17	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/17/2021. (Hardin, Matthew) (Entered: 05/17/2021)
2021-05-17	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF THE INTERIOR served on 5/17/2021 (Hardin, Matthew) (Entered: 05/17/2021)
2021-05-24	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/24/2021. Answer due for ALL FEDERAL DEFENDANTS by 6/23/2021. (Attachments: # 1 Exhibit Certified Mail Receipt, # 2 Exhibit USPS Tracking)(Hardin, Matthew) (Entered: 05/24/2021)
2021-05-25	7	NOTICE of Appearance by Christopher Cochran Horner on behalf of ENERGY POLICY ADVOCATES (Horner, Christopher) (Main Document 7 replaced on 5/26/2021) (rj). Modified on 5/26/2021 to flatten pdf (rj). (Entered: 05/25/2021)
2021-05-27	8	MOTION for Preliminary Injunction by ENERGY POLICY ADVOCATES. (Attachments: # 1 Memorandum in Support of Motion for Preliminary Injunction)(Hardin, Matthew) (Entered: 05/27/2021)
2021-05-27		MINUTE ORDER: The Court ORDERS that the parties shall appear for an audio status hearing on June 4, 2021, at 9:30 a.m. to discuss a briefing schedule for Plaintiff's PI Motion. Chambers will contact the parties with the dial-in information. So ORDERED by Judge James E. Boasberg on 5/27/2021. (lcjeb2) (Entered: 05/27/2021)
2021-05-27		Set/Reset Hearings: Status Conference set for 6/4/2021 at 09:30 AM in Telephonic/VTC before Judge James E. Boasberg. (nbn) (Entered: 05/28/2021)
2021-06-01	9	CERTIFICATE OF SERVICE by ENERGY POLICY ADVOCATES re 8 MOTION for Preliminary Injunction and Accompanying Memorandum . (Attachments: # 1 Exhibit USPS Tracking & Receipt)(Hardin, Matthew) (Entered: 06/01/2021)
2021-06-03	10	NOTICE of Appearance by April Denise Seabrook on behalf of UNITED STATES DEPARTMENT OF THE INTERIOR (Seabrook, April) (Entered: 06/03/2021)
2021-06-04		Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 6/4/2021. MOTION for Preliminary Injunction WITHDRAWN by Counsel for Plaintiff for the reasons stated on the record. (Court Reporter Nancy Meyer) (nbn) (Entered: 06/04/2021)
2021-06-04		MINUTE ORDER: As agreed by the parties in today's hearing, the Court ORDERS that: 1) Plaintiff's 8 PI Motion is WITHDRAWN; 2) Defendant shall file its Answer by June 25, 2021; and 3) Plaintiff shall move for summary judgment by July 7, 2021, with Defendant's Opposition and Cross-Motion due by July 23, 2021, Plaintiff's Opposition and Reply by August 6, 2021, and Defendant's Reply by August 20, 2021. So ORDERED by Judge James E. Boasberg on 6/4/2021. (lcjeb2) (Entered: 06/04/2021)
2021-06-23	11	ADMINISTRATIVE RECORD and Certified Index by UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Affidavit -Certified Index of Administrative Record, # 2 Exhibit - Administrative Record)(Seabrook, April) (Entered: 06/23/2021)
2021-06-23	12	ANSWER to Complaint by UNITED STATES DEPARTMENT OF THE INTERIOR.(Seabrook, April) (Entered: 06/23/2021)
2021-07-07	13	MOTION for Summary Judgment by ENERGY POLICY ADVOCATES. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support of Motion for Summary Judgment)(Hardin, Matthew) (Entered: 07/07/2021)
2021-07-23	14	Memorandum in opposition to re 13 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Statement of Facts - Response to Plaintiff's Facts, # 2 Exhibit A)(Seabrook, April) (Entered: 07/23/2021)
2021-07-23	15	Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A)(Seabrook, April) (Entered: 07/23/2021)
2021-08-04	16	NOTICE of Appearance by Blake Weiner on behalf of All Defendants (Weiner, Blake) (Entered: 08/04/2021)
2021-08-06	17	RESPONSE re 15 Cross MOTION for Summary Judgment filed by ENERGY POLICY ADVOCATES. (Hardin, Matthew) (Entered: 08/06/2021)
2021-08-06	18	REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by ENERGY POLICY ADVOCATES. (Hardin, Matthew) (Entered: 08/06/2021)
2021-08-19	19	Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF THE INTERIOR. (Weiner, Blake) (Entered: 08/19/2021)
2021-08-19		MINUTE ORDER GRANTING Consent 19 Motion for Extension of Time. The Court ORDERS that Defendant shall file its Reply to Plaintiff's Opposition to Motion for Summary Judgment by August 27, 2021. So ORDERED by Judge James E. Boasberg on 8/19/2021. (lcjeb2) (Entered: 08/19/2021)
2021-08-19		Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 8/27/2021. (nbn) (Entered: 08/20/2021)
2021-08-24	20	REPLY to opposition to motion re 15 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF THE INTERIOR. (Weiner, Blake) (Entered: 08/24/2021)
2021-09-02		MINUTE ORDER: The Court ORDERS that the parties shall appear for a telephonic hearing on September 8, 2021, at 12:00 noon. They shall be prepared to explain what documents have already been released to Plaintiff and to what extent this moots this suit. So ORDERED by Judge James E. Boasberg on 9/2/2021. (lcjeb3) (Entered: 09/02/2021)
2021-09-02		Set/Reset Hearings: Status Conference set for 9/8/2021 at 12:00 PM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 09/02/2021)
2021-09-08		Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 9/8/2021. (Court Reporter Lisa Griffith) (nbn) (Entered: 09/08/2021)
2021-09-22	21	ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Plaintiff's 13 Motion for Summary Judgment is DENIED; 2) Defendant's 15 Motion for Summary Judgment is GRANTED; and 3) Judgment is ENTERED in favor of Defendant. Signed by Judge James E. Boasberg on 9/22/2021. (lcjeb1) (Entered: 09/22/2021)
2021-09-22	22	MEMORANDUM OPINION re 21 Order on Cross-Motions for Summary Judgment. Signed by Judge James E. Boasberg on 9/22/2021. (lcjeb1) (Entered: 09/22/2021)
2022-01-21	23	NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF THE INTERIOR. Attorney Blake A. Weiner terminated. (Weiner, Blake) (Entered: 01/21/2022)
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