Case Detail

FOIA Project Annotation: A federal court in Colorado has ruled that the Western Energy Alliance is not entitled to attorney's fees for its suit against the Bureau of Land Management for disclosure of its "Report on National Greater Sage-Grouse Measures" because none of the factors typically assessed in determining entitlement to attorney's fees supports an award. WEA requested the report from BLM and when the agency failed to respond in time, WEA filed suit. BLM disclosed the report within two months after the litigation was filed. WEA then filed a motion for attorney's fees. The court noted that WEA was a non-profit business league for tax purposes and that its stated primary goal was to promote exploration of oil and natural gas. WEA argued that it had disseminated the report on its website and that the organization had influenced a bill to amend the Endangered Species Act. The court indicated that "the WEA says it made the information available to its members and to the public. However, the WEA provides no details about these disclosures, and the defendant contends the information is not available on the publicly available portion of the WEA website." As to WEA's influence on the congressional legislation, the court observed that "the WEA makes no specific showing that the peer review information [contained in the report] at issue here had a significant influence on that effort." Having concluded that WEA had shown no public benefit from disclosure, the court turned to whether WEA had a commercial or personal interest in the records. The court pointed out that "here, it is clear the WEA seeks to achieve a benefit for its members by obtaining the FOIA information and using it to challenge regulations of its industry which its members oppose. The record demonstrates use of the FOIA material primarily for such purposes. In this context, an award of attorney fees and costs 'would merely subsidize a matter of private concern.'"
Issues: Litigation - Attorney's fees - Eligibility

Date Filed	Doc #	Docket Text
2013-10-15	1	COMPLAINT against United States Bureau of Land Management (Filing fee $ 400, Receipt Number 1082-3577542), filed by Western Energy Alliance. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Summons Attorney General, # 7 Summons BLM, # 8 Summons Civil Process Clerk, # 9 Civil Cover Sheet, # 10 Civil Cover Sheet Attachment)(Holsinger, Kent) (Entered: 10/15/2013)
2013-10-15	2	Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Craig B. Shaffer. Text Only Entry (sphil, ) (Entered: 10/16/2013)
2013-10-16	3	SUMMONS issued by Clerk. Magistrate Judge Consent Form attached. (Attachments: # 1 Magistrate Judge Consent Form) (sphil, ) (Entered: 10/16/2013)
2013-10-16	4	ORDER REFERRING CASE to Magistrate Judge Craig B. Shaffer for non-dispositive motions. That pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge:(1) To convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order that satisfies the requirements of D.C.COLO.LCivR 16.2, and enter such orders as appropriate to enforce the Scheduling order and resolve discovery matters; provided, further that the scheduling conference, the Magistrate Judge shall advise the parties of Judge Blackburns practice standards found at www.cod.uscourts.gov.;(2) To hear and finally determine non-dispositive matters that have been referred, subject to the exceptions found in 28 U.S.C. § 636(b)(1)(A); and(3) To hear and make recommendations on dispositive matters that have been referred as defined in 28 U.S.C. § 636(b)(1)(A).Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Robert E. Blackburn on 10/16/13. Text Only Entry (rebsec, ) (Entered: 10/16/2013)
2013-10-16	5	CORPORATE DISCLOSURE STATEMENT. (Holsinger, Kent) (Entered: 10/16/2013)
2013-10-16	6	MINUTE ORDER setting a Scheduling Conference on 12/30/2013 at 9:15 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. Parties are on notice that District Judge Blackburn will make every effort to schedule this matter for trial within fifteen (15) months from the filing of the Complaint. When preparing for the scheduling conference, parties shall adhere to the attached instructions and deadlines, SO ORDERED by Magistrate Judge Craig B. Shaffer on 10/16/13. (ccovi) (Entered: 10/16/2013)
2013-10-16	7	NOTICE OF CASE ASSOCIATION by Plaintiff Western Energy Alliance (Gould, Alyson) (Entered: 10/16/2013)
2013-11-12	8	NOTICE of Entry of Appearance by Zeyen Julian Wu on behalf of Bureau of Land Management (Wu, Zeyen) (Entered: 11/12/2013)
2013-11-13	9	SUMMONS Returned Executed upon defendant(s) Bureau of Land Management served on 10/18/2013, answer due 12/17/2013. (Attachments: # 1 Affidavit Affidavits of Service)(Holsinger, Kent) (Entered: 11/13/2013)
2013-11-14	10	STIPULATION re 1 Complaint, to Extend Deadline for Response to Complaint to December 3, 2013 by Defendant Bureau of Land Management. (Wu, Zeyen) (Entered: 11/14/2013)
2013-12-03	11	Defendant Bureau of Land Management's ANSWER to 1 Complaint, by Bureau of Land Management.(Wu, Zeyen) (Entered: 12/03/2013)
2013-12-11	12	Unopposed MOTION to Vacate 6 Minute Order, Setting Scheduling Conference or in the Alternative to Set Status Conference by Defendant Bureau of Land Management. (Attachments: # 1 Proposed Order (PDF Only) Granting Unopposed Mot. to Vacate)(Wu, Zeyen) (Entered: 12/11/2013)
2013-12-11	13	MEMORANDUM regarding 12 Unopposed MOTION to Vacate 6 Minute Order, Setting Scheduling Conference or in the Alternative to Set Status Conference filed by Bureau of Land Management. Motions referred to Magistrate Judge Craig B. Shaffer. By Judge Robert E. Blackburn on 12/11/13. Text Only Entry (rebcd) (Entered: 12/11/2013)
2013-12-11	14	ORDER granting 12 Motion to Vacate and converting the Scheduling Conference into a Telephone Status Conference on 12/30/2013 at 10:00 AM before Magistrate Judge Craig B. Shaffer. Counsel shall coordinate to create a conference call among themselves before contacting the court (303.844.2117) at the scheduled time. Text Only Entry by Magistrate Judge Craig B. Shaffer on 12/11/13.(cbssec) (Entered: 12/11/2013)
2013-12-11	15	AMENDED ORDER granting 12 Motion to Vacate and converting the Scheduling Conference into a Telephone Status Conference on 12/30/2013 at 9:15 a.m. before Magistrate Judge Craig B. Shaffer. Counsel shall coordinate to create a conference call among themselves before contacting the court (303.844.2117) at the scheduled time. Text Only Entry by Magistrate Judge Craig B. Shaffer on 12/11/13. (cbssec) (Entered: 12/11/2013)
2013-12-30	16	COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Telephonic Status Conference held on 12/30/2013. ORDERED: A Scheduling Conference is set for 2/14/2014 at 10:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. Attorney Jack S. Silver added for Plaintiff Western Energy Alliance. FTR: Courtroom A402 - C. Covington. (ccovi) (Entered: 12/30/2013)
2014-02-04	17	STIPULATION of Dismissal of Case Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and Briefing Schedule by Plaintiff Western Energy Alliance. (Attachments: # 1 Proposed Order (PDF Only))(Holsinger, Kent) (Entered: 02/04/2014)
2014-02-04	18	WITHDRAWN - Civil Case Terminated pursuant to the notice of dismissal or stipulation to dismiss filed in this case on 2/4/2014. Text Only Entry. (klyon, ) Modified on 2/6/2014 to withdraw pursuant to Order dated 2/5/2014 (klyon, ). (Entered: 02/04/2014)
2014-02-05	19	Joint MOTION to Set Aside 18 Terminated Case and to Request Briefing Schedule for Attorneys' Fees by Plaintiff Western Energy Alliance. (Attachments: # 1 Proposed Order (PDF Only) Order Approving Joint Motion to Set Aside Termination of Case and to Request Briefing Schedule for Attorneys' Fees)(Holsinger, Kent) (Entered: 02/05/2014)
2014-02-05	20	ORDER Approving 19 Joint Motion to Set Aside Termination of Case and for Briefing Schedule. The docket text entry [# 18 ] terminating this case isWITHDRAWN. This case is RE-OPENED. The Stipulation for Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(Ii) [#17] filed February 4, 2014, is APPROVED. By Judge Robert E. Blackburn on 2/5/2014.(klyon, ) (Entered: 02/06/2014)
2014-03-04	21	MOTION for Attorney Fees and Costs by Plaintiff Western Energy Alliance. (Attachments: # 1 Exhibit Exhibit A - Declaration of Kathleen Sgamma in Support of Plaintiff's Motion for Attorney Fees and Costs, # 2 Exhibit Exhibit B - Affidavit of Kent Holsinger in Support of Plaintiff's Motion for Attorney Fees and Costs, # 3 Exhibit Exhibit C - Declaration of Kenneth A. Wonstolen in Support of Plaintiff's Motion for Attorney Fees and Costs, # 4 Exhibit Exhibit D - Declaration of Andrew A. Bremner in Support of Plaintiff's Motion for Attorney Fees and Costs)(Holsinger, Kent) (Entered: 03/04/2014)
2014-03-25	22	RESPONSE to 21 MOTION for Attorney Fees and Costs filed by Defendant Bureau of Land Management. (Attachments: # 1 Exhibit 1 Declaration of Ore Fashola, # 2 Exhibit 2 Declaration of Ryan Witt w/attachment, # 3 Exhibit 3 WEA Report on NTT, # 4 Exhibit 4 2011 Form 990, # 5 Exhibit 5 WEA Overview, # 6 Exhibit 6 WEA Value of Work, # 7 Exhibit 7 WSJ Article, # 8 Exhibit 8 GSJ Article, # 9 Exhibit 9 WEA Sage Grouse Website, # 10 Exhibit 10 WEA New Members)(Wu, Zeyen) (Entered: 03/25/2014)
2014-04-07	23	REPLY to Response to 21 MOTION for Attorney Fees and Costs filed by Plaintiff Western Energy Alliance. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Holsinger, Kent) (Entered: 04/07/2014)
2014-09-02	24	NOTICE of Supplemental Authorities re: 21 MOTION for Attorney Fees and Costs by Defendant Bureau of Land Management (Attachments: # 1 Exhibit WEA v. FWS Decision Re Atty's Fees)(Wu, Zeyen) (Entered: 09/02/2014)
2015-03-23	25	ORDER denying 21 Motion for Attorney Fees. By Judge Robert E. Blackburn on 3/23/2015. (alowe) (Entered: 03/23/2015)
2015-03-23	26	Civil Case Terminated pursuant to the order at 25 . Text Only Entry (tscha, ) Modified termed date on 3/30/2015 (alowe). (Entered: 03/27/2015)
2015-04-02	27	NOTICE OF APPEAL as to 25 Order on Motion for Attorney Fees by Plaintiff Western Energy Alliance (Filing fee $ 505, Receipt Number 1082-4346347) (Holsinger, Kent) (Entered: 04/02/2015)
2015-04-03	28	LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 27 Notice of Appeal filed by Western Energy Alliance to the U.S. Court of Appeals. ( Retained Counsel, Fee paid) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record)(alowe) (Entered: 04/03/2015)
2015-04-03	29	USCA Case Number 15-1119 for 27 Notice of Appeal filed by Western Energy Alliance. (alowe) (Entered: 04/03/2015)
2015-04-16	30	TRANSCRIPT ORDER FORM by Plaintiff Western Energy Alliance. Transcript is not necessary re 27 Notice of Appeal. (Holsinger, Kent) Modified text on 4/17/2015 (alowe). (Entered: 04/16/2015)
2015-04-17	31	LETTER TO USCA and all counsel certifying the record is complete as to 27 Notice of Appeal filed by Western Energy Alliance. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 15-1119) Text Only Entry (alowe) (Entered: 04/17/2015)
2015-05-06	32	ORDER of USCA as to 27 Notice of Appeal filed by Western Energy Alliance. This matter is before the court on Plaintiff-Appellant Western Energy Alliances Motion to Dismiss. The motion is construed as one brought pursuant to Fed. R. App. P. 42(b), and, so construed, the motion is granted. (USCA Case No. 15-1119) (alowe) (Entered: 05/07/2015)
2015-05-06	33	MANDATE of USCA as to 27 Notice of Appeal filed by Western Energy Alliance: (USCA Case No. 15-1119) (alowe) (Entered: 05/07/2015)
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