Case Detail

FOIA Project Annotation: A federal court in Oklahoma has ruled that a multi-part request submitted by 13 state attorney generals to the EPA for records pertaining to the agency's non-discretionary duties to take action under the Clean Air Act is too vague for the agency to process. The attorney generals filed suit after the agency denied them a fee waiver because the request did not adequately describe the records sought. The court noted that "discussions with any Interested Organization or Other Organizations concerning the scope and application of the EPA Administrator's non-discretionary duty to take 'certain actions' under the CAA" was too vague. "The term 'certain actions' is not defined or limited in any manner, and a professional EPA employee would be left to guess which of hundreds of actions that the Administrator has a non-discretionary duty to perform, plaintiffs are actually interested in. . ." Suggesting the plaintiffs resubmit more narrowed requests, the court observed that "if plaintiffs work with the EPA and the EPA works with plaintiffs, plaintiffs will be able to submit a FOIA request that reasonably describes the records requested and that will not be burdensome on the EPA."
Issues: Request - Specificity

Date Filed	Doc #	Docket Text
2013-07-16	1	COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against United States Environmental Protection Agency filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - 2/6/13 FOIA Request, # 2 Exhibit 2 - EPA Letter Denying Fee Waiver Request, # 3 Exhibit 3 FOIA Appeal of Fee Waiver Denial, # 4 Exhibit 4 - Email re Appeal Review, # 5 Exhibit 5 - Email re Appeal Review and Ext to 5/31/13, # 6 Exhibit 6 - Denial of Appeal of Fee Waiver, # 7 Exhibit 7 - EPA Emails, # 8 Civil Cover Sheet)(kw, ) (Entered: 07/16/2013)
2013-07-16	2	ENTRY of Appearance by Patrick R Wyrick on behalf of Scott Pruitt (Wyrick, Patrick) (Entered: 07/16/2013)
2013-07-16	3	ENTRY of Appearance by Paul C Eubanks on behalf of Scott Pruitt (Eubanks, Paul) (Entered: 07/16/2013)
2013-07-16	4	ENTRY of Appearance by Thomas A Bates on behalf of Scott Pruitt (Bates, Thomas) (Entered: 07/16/2013)
2013-07-16	5	Receipt for Money Received from Angie Brown on behalf of All Plaintiffs in the amount of $400.00, receipt number OKW500033857 regarding 1 Complaint. (cpp) (Entered: 07/16/2013)
2013-07-17	6	ENTRY of Appearance by Paul M Seby on behalf of Scott Pruitt (Seby, Paul) (Entered: 07/17/2013)
2013-07-17	7	ENTRY of Appearance by Marian C Larsen on behalf of Scott Pruitt (Larsen, Marian) (Entered: 07/17/2013)
2013-07-18	8	Summons Issued Electronically as to United States Environmental Protection Agency, U.S. Attorney and U.S. Attorney General. (njr) (Entered: 07/18/2013)
2013-07-25	9	SUMMONS RETURNED EXECUTED by Scott Pruitt. United States Environmental Protection Agency served on 7/22/2013. (Attachments: # 1 Exhibit Certified Return Receipt)(Eubanks, Paul) (Entered: 07/25/2013)
2013-08-02	10	SUMMONS RETURNED EXECUTED by Scott Pruitt. Eric H Holder, Jr served on 7/22/2013. (Attachments: # 1 Exhibit Confirmation of Certified Delivery)(Eubanks, Paul) (Entered: 08/02/2013)
2013-08-02	11	SUMMONS RETURNED EXECUTED by Scott Pruitt. Sanford C Coats served on 7/19/2013. (Attachments: # 1 Exhibit Confirmation of Certified Delivery)(Eubanks, Paul) (Entered: 08/02/2013)
2013-08-15	12	ENTRY of Appearance by Tamra T Moore on behalf of All Defendants (Moore, Tamra) (Entered: 08/15/2013)
2013-08-15	13	UNOPPOSED MOTION for Extension of Time to Respond to Complaint by United States Environmental Protection Agency. (Moore, Tamra) (Entered: 08/15/2013)
2013-08-16	14	ORDER granting 13 defendant's Unopposed Motion for Order Extending the Time to Respond to the Complaint. Defendant shall respond to the Complaint on or before September 17, 2013. Signed by Honorable Vicki Miles-LaGrange on 8/16/2013. (ks) (Entered: 08/16/2013)
2013-08-22	15	UNOPPOSED MOTION for Order for Relief from Requirements of LCvR 83.2 and 83.3 and Brief in Support by Scott Pruitt. (Eubanks, Paul) (Entered: 08/22/2013)
2013-08-26	16	ORDER granting 15 plaintiffs' Unopposed Motion for Order for Relief from Requirements of Local Civil Rules 83.2 and 83.3. The Attorneys General for plaintiffs States of Alabama, Arizona, Georgia, Kansas, Michigan, Nebraska, North Dakota, South Carolina, Texas, Utah, and Wyoming are relieved from complying with Local Civil Rules 83.2 and 83.3. Signed by Honorable Vicki Miles-LaGrange on 8/26/2013. (ks) (Entered: 08/26/2013)
2013-09-10	17	ENTRY of Appearance by James J Schwartz on behalf of All Defendants (Schwartz, James) (Entered: 09/10/2013)
2013-09-17	18	MOTION to Dismiss by All Defendants. (Schwartz, James) (Entered: 09/17/2013)
2013-09-26	19	FIRST MOTION for Extension of Time by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Seby, Paul) (Entered: 09/26/2013)
2013-09-27	20	ORDER granting 19 plaintiffs' Unopposed Motion for Order Extending the Time to Respond to Defendant's Motion to Dismiss. Plaintiffs shall file their response to defendants Motion to Dismiss on or before October 22, 2013. Signed by Honorable Vicki Miles-LaGrange on 9/27/2013. (ks) (Entered: 09/27/2013)
2013-11-06	21	RESPONSE in Opposition re 18 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Affidavit P. Clayton Eubanks)(Seby, Paul) (Entered: 11/06/2013)
2013-11-12	22	UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 21 Response in Opposition to Motion by All Defendants. (Attachments: # 1 Proposed Order)(Schwartz, James) (Entered: 11/12/2013)
2013-11-12	23	ORDER granting 22 defendant's unopposed motion for extention of time to reply to plaintiffs' opposition to 18 defendant's motion to dismiss; Defendant shall file its reply on or before November 25, 2013. Signed by Honorable Vicki Miles-LaGrange on 11/12/2013. (ks) (Entered: 11/12/2013)
2013-11-25	24	REPLY to Response to Motion re 18 MOTION to Dismiss filed by All Defendants. (Schwartz, James) (Entered: 11/25/2013)
2013-12-18	25	ORDER granting 18 defendant's Motion to Dismiss and dismissing this action (as more fully set out in order). Signed by Honorable Vicki Miles-LaGrange on 12/18/2013. (ks) (Entered: 12/18/2013)
2013-12-18	26	JUDGMENT - Pursuant to a separate order issued this same date, this action is hereby dismissed. Signed by Honorable Vicki Miles-LaGrange on 12/18/2013. (ks) (Entered: 12/18/2013)
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