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Case TitleSea Shepherd Legal v. National Oceanic and Atmospheric Administration et al
DistrictWestern District of Washington
CitySeattle
Case Number2:2020cv01412
Date Filed2020-09-23
Date Closed2021-12-10
JudgeJudge James L. Robart
PlaintiffSea Shepherd Legal
Case DescriptionSea Shepherd Legal submitted a FOIA request to the National Marine Fisheries Service for records concerning the New Zealand Maui dolphin. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Sea Shepherd Legal filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNational Oceanic and Atmospheric Administration an agency of the United States
DefendantNational Marine Fisheries Service an agency of the United States
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [17]
Opinion/Order [19]
Opinion/Order [21]
FOIA Project Annotation: A federal court in Washington has ruled that NOAA properly responded to two FOIA requests from Sea Shepherd Legal, an organization advocating for the rights of marine wildlife by strengthening existing laws protecting it, by withholding records under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). SSL submitted two requests â€" one to the National Oceanic and Atmospheric Administration and one to the National Marine Fisheries Service â€" for records concerning the agency's denial of SSL's petition to ban all products originating from New Zealand fisheries because their nets posed a substantial danger to the Maui dolphin. The agencies disclosed more than 1,000 pages entirely but also partially redacted over 400 pages of records. SSL argued that while the records redacted under Exemption 5 were deliberative, they were not pre-decisional because they post-dated the agencies final decisions. The court found that SSL had failed to substantiate its claim for most records except for those that clearly post-dated the publication of the Federal Register notice rejecting SSL's petition. The court noted that "the emails concern internal discussion over 'how to present certain issues,' such as what citations to include in the notice and how to speed publication along. Plainly, the decision to reject the petition had already been made, and these documents concern how to package or present that decision without implicating new policy decisions." For the most part, however, the court agreed with the agencies' characterization of the records as deliberative. As to one set of records, the court pointed out that "these notes reflect the opinion of individual staffers rather than the position of the entire agency, which falls squarely within the understanding of 'deliberative.' Moreover, while the notes. . . undoubtedly capture some factual information, they also reveal what information that staffer found important or relevant. . ." Under Exemption 6, the agencies withheld personally identifying information of New Zealand officials, which would be protected under New Zealand's privacy laws. The court indicated that "the 'marginal additional usefulness' of the New Zealand officials' identities would not add significantly to the public's understanding of the Government's handling of the petition or the comparability finding." The court also found that the agencies had justified all their exemption claims under the foreseeable harm standard.
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 6 - Invasion of privacy
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-231COMPLAINT against All Defendants (Receipt # AWAWDC-6617474), filed by Sea Shepherd Legal. (Attachments: # 1 Civil Cover Sheet, # 2 Attachment to Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Sommermeyer, Brett) Modified on 9/24/2020 to edit document title. (RE) (Entered: 09/23/2020)
2020-09-232NOTICE of Related Case(s) 2:19-cv-463; 2:19-cv-01485, by Plaintiff Sea Shepherd Legal. (Sommermeyer, Brett) (Entered: 09/23/2020)
2020-09-233CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Sea Shepherd Legal (Sommermeyer, Brett) (Entered: 09/23/2020)
2020-09-234EXHIBIT A re 1 Complaint by Plaintiff Sea Shepherd Legal (Sommermeyer, Brett) (Entered: 09/23/2020)
2020-09-235EXHIBIT B re 1 Complaint by Plaintiff Sea Shepherd Legal (Sommermeyer, Brett) (Entered: 09/23/2020)
2020-09-236EXHIBIT C re 1 Complaint by Plaintiff Sea Shepherd Legal (Sommermeyer, Brett) (Entered: 09/23/2020)
2020-09-24U.S. District Judge John C Coughenour added. (RE) (Entered: 09/24/2020)
2020-09-247Summons(es) Electronically Issued as to defendant(s) National Marine Fisheries Service, National Oceanic and Atmospheric Administration (Attachments: # 1 Summons-US Attorney, # 2 Summons-National Oceanic, # 3 Summons- Attorney General)(RE) (Entered: 09/24/2020)
2020-09-29Case Reassigned to Judge James L. Robart. U.S. District Judge John C. Coughenour no longer assigned to the case. (GT) (Entered: 09/29/2020)
2020-10-058AMENDED COMPLAINT against defendant(s) National Marine Fisheries Service, National Oceanic and Atmospheric Administration, filed by Sea Shepherd Legal. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Sommermeyer, Brett) (Entered: 10/05/2020)
2020-10-289AFFIDAVIT of Mailing of Summons and Complaint to National Marine Fisheries Service on 9/29/2020, filed by Plaintiff Sea Shepherd Legal. (Sommermeyer, Brett) (Entered: 10/28/2020)
2020-10-2810AFFIDAVIT of Mailing of Summons and Complaint to National Oceanic Atmospheric Administration on 9/29/2020, filed by Plaintiff Sea Shepherd Legal. (Sommermeyer, Brett) (Entered: 10/28/2020)
2020-10-2811AFFIDAVIT of Mailing of Summons and Complaint to United States Attorney General on 9/29/2020, filed by Plaintiff Sea Shepherd Legal. (Sommermeyer, Brett) (Entered: 10/28/2020)
2020-10-2812AFFIDAVIT of Mailing of Summons and Complaint to U.S. Attorney for the Western District of Washington on 9/29/2020, filed by Plaintiff Sea Shepherd Legal. (Sommermeyer, Brett) (Entered: 10/28/2020)
2020-11-0213NOTICE of Appearance by attorney Michelle R. Lambert on behalf of Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration. (Lambert, Michelle) (Entered: 11/02/2020)
2020-11-0214ANSWER to 8 Amended Complaint, by National Marine Fisheries Service, National Oceanic and Atmospheric Administration.(Lambert, Michelle) (Entered: 11/02/2020)
2020-11-1215ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge James L. Robart. Joint Status Report due by 12/17/2020, FRCP 26(f) Conference Deadline is 11/27/2020, Initial Disclosure Deadline is 12/10/2020. (AD) (Entered: 11/12/2020)
2020-11-2316Stipulated MOTION and [Proposed] Order for Relief From 26(f) Conference, Initial Disclosures, and Joint Status Report , filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration. Noting Date 11/23/2020, (Lambert, Michelle) (Entered: 11/23/2020)
2020-11-2417ORDER granting Parties' 16 Stipulated Motion for Relief From 26(f) Conference, Initial Disclosures, and Joint Status Report. Parties to submit a joint status report within the next 60 days. Signed by Judge James L. Robart. (LH) (Entered: 11/24/2020)
2021-01-2218JOINT STATUS REPORT signed by all parties. (Sommermeyer, Brett) (Entered: 01/22/2021)
2021-01-2619ORDER re 18 Joint Status Report. The Court finds good cause shown for the parties to continue working towards a resolution of this matter. The parties shall submit a joint status report to the Court on or before March 23, 2021. Signed by Judge James L. Robart. (LH) (Entered: 01/26/2021)
2021-03-2320Stipulated MOTION for Order on Joint Status Report , filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration. Noting Date 3/23/2021, (Lambert, Michelle) (Entered: 03/23/2021)
2021-03-2421ORDER re parties' 20 stipulated motion. The Court finds good cause shown for the parties to continue working towards a resolution of this matter. The parties shall submit a joint status report to the Court on or before May 21, 2021. Signed by Judge James L. Robart.(PM) (Entered: 03/24/2021)
2021-05-1722JOINT STATUS REPORT signed by all parties. (Lambert, Michelle) (Entered: 05/17/2021)
2021-05-1923ORDER re Parties' 22 Joint Status Report. The parties shall submit a joint status report to the Court on or before 7/16/2021. Signed by Judge James L. Robart. (LH) (Entered: 05/19/2021)
2021-07-1624JOINT STATUS REPORT signed by all parties. (Sommermeyer, Brett) (Entered: 07/16/2021)
2021-07-2125ORDER re 24 Joint Status Report. The parties shall submit their next joint status report to the Court on or before 9/14/2021. Signed by Judge James L. Robart. (LH) (Entered: 07/21/2021)
2021-09-1426Joint STATUS REPORT by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration (Lambert, Michelle) (Entered: 09/14/2021)
2021-09-2727ORDER re Parties' 22 Joint Status Report. The parties shall submit a joint status report to the Court on or before 11/12/2021. Signed by Judge James L. Robart. (LH) (Entered: 09/27/2021)
2021-11-1228JOINT STATUS REPORT signed by all parties. (Lambert, Michelle) (Entered: 11/12/2021)
2021-11-1529ORDER: The parties shall submit a joint status report to the Court on or before 12/11/2021. Signed by Judge James L. Robart. (LH) (Entered: 11/15/2021)
2021-12-1030Stipulated MOTION for Order of Dismissal , filed by Defendants National Marine Fisheries Service, National Oceanic and Atmospheric Administration. Noting Date 12/10/2021, (Lambert, Michelle) (Entered: 12/10/2021)
2021-12-1031STIPULATED ORDER OF DISMISSAL re Parties' 30 Stipulated Motion. This case is dismissed with prejudice. Signed by Judge James L. Robart. (LH) (Entered: 12/10/2021)
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by FOIA Project Staff
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