Case Detail

FOIA Project Annotation: A federal court in Colorado has ruled that the Bureau of Land Management did not conduct an adequate search concerning activities under consideration in a recently released environmental assessment on a uranium leading program. The agency offered an affidavit from the team manager for the Programmatic Environmental Assessment that indicated that all responsive records would have been in the project file and thus that was the only file searched. But the court noted that an Energy Department report on the program had shown that its authors had contacted at least 24 different people within BLM. The court observed that "the BLM does not provide any explanation or support for its conclusion that all responsive documents created or obtained by these 24 individuals came to be located only in the official project file. That only six responsive documents were located in the project file also calls the BLM's assertion into question." Further, the plaintiffs had produced two letters from the Fish and Wildlife Service that had been sent to BLM staff. The court pointed out that "the documents obtained from the Fish and Wildlife Service constitute evidence that responsive documents are likely contained in other BLM offices and files not searched by the agency, and further support my finding that the BLM's search for responsive documents was inadequate under the undisputed facts." The plaintiffs argued that a National Environmental Protection Act regulation required disclosure of comments on an environmental impact statement. But the court found that the document at issue was not an environmental impact statement but a programmatic environmental assessment. The court indicated that the plaintiff "assumes the regulatory exception to application of Exemption 5 [privileges] in the EIS context also applies when a federal agency prepares an EA and receives comments on it. It provides no authority or argument in support of this assumption, however. As a result, I have no basis for looking past the plain language of the regulation to hold that it requires disclosure of the draft PEA and comments on it that the BLM has withheld pursuant to Exemption 5." But the court found that the agency had not shown why some information could not be segregated and disclosed. The court noted that "the BLM's blanket, conclusory statements that all factual materials in 151 pages of agency records are too intertwined with deliberative materials to be segregable or too revealing of the deliberative process to be disclosed provide me with no basis on which to make the necessary determination with respect to any particular redaction or set of redactions."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2006-11-13	1	COMPLAINT against Bureau of Land Management ( Filing fee $ 350, Receipt Number 272398) Summons issued, filed by Information Network for Responsible Mining, Colorado Environmental Coalition. (Attachments: # 1 Civil Cover Sheet # 2 Receipt)(llr, ) (Entered: 11/14/2006)
2006-11-27	2	SUMMONS Returned Executed by all plaintiffs. Bureau of Land Management served on 11/20/2006, answer due 12/20/2006. (Stills, Travis) Modified on 11/27/2006 to correct answer due date) (dln, ). (Entered: 11/27/2006)
2006-11-27	3	Utility Setting/Resetting Deadlines/Hearings: Bureau of Land Management answer due 12/20/2006. Text only entry - no document attached. (dln, ) (Entered: 11/27/2006)
2006-12-19	4	MOTION for Extension of Time to File Answer re 1 Complaint, by Defendant Bureau of Land Management. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 12/19/2006)
2006-12-19	5	RESPONSE to Motion re 4 MOTION for Extension of Time to File Answer re 1 Complaint, filed by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition. (Attachments: # 1 Exhibit 7.1 Communications)(Bartlett, Brad) (Entered: 12/19/2006)
2006-12-19	6	REPLY to Response to Motion re 4 MOTION for Extension of Time to File Answer re 1 Complaint, filed by Defendant Bureau of Land Management. (Attachments: # 1 Exhibit A)(Johnson, Michael) (Entered: 12/19/2006)
2006-12-19		Utility Setting/Resetting Deadlines/Hearings: Bureau of Land Management answer due 12/22/2006. Text only entry - no document attached. (jjh, ) (Entered: 12/20/2006)
2006-12-20	7	Minute ORDER denying Defendant's 4 Motion for Extension of Time to Answer. Defendant' Answer or other response is due 12/22/06 by Judge John L. Kane on 12/20/06.(jjh, ) (Entered: 12/20/2006)
2006-12-22	8	ANSWER to Complaint by Bureau of Land Management.(Johnson, Michael) (Entered: 12/22/2006)
2007-01-11	9	MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56(a) by Plaintiff Colorado Environmental Coalition. (Attachments: # 1 Exhibit July 13 2006 FOIA Request# 2 Exhibit July 14, 2006 BLM Acknowledgment# 3 Exhibit July 11 2006 Department of Energy News)(Bartlett, Brad) (Entered: 01/11/2007)
2007-01-11	10	MINUTE ORDER Setting Scheduling Conference for 2/21/2007 02:00 PM in Courtroom A 802 before Judge John L. Kane, by Judge John L. Kane on 01/11/07. (Attachments: # 1 Judge Kane Memorandum)(jjh, ) (Entered: 01/11/2007)
2007-01-11	11	Amended MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56(a) by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition. (Attachments: # 1 Exhibit July 13, 2006 FOIA Request# 2 Exhibit July 14, 2006 BLM Acknowledgment# 3 Exhibit July 11, 2006 Department of Energy News)(Bartlett, Brad) (Entered: 01/11/2007)
2007-01-12	12	Docket Annotation: Motions terminated: 9 MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56(a) by Plaintiff [Amended by #11]. Text only entry - no document attached. (dln, ) (Entered: 01/12/2007)
2007-01-17	13	MINUTE ORDER stating that Defendant shall respond to Plaintiffs' Motion to Amended Motion for Summary Judgment 11 by 01/31/07. Plaintiff's shall reply by 02/15/07, by Judge John L. Kane on 01/17/07. (jjh, ) (Entered: 01/17/2007)
2007-01-31	14	Cross MOTION for Summary Judgment by Defendant Bureau of Land Management. (Attachments: # 1 Exhibit A-1 -- administrative response# 2 Exhibit A-2 -- Caufield Declaration# 3 Exhibit A-3 -- Vaughn Index)(Johnson, Michael) Modified on 2/2/2007 to indicate its a cross motion. (gms, ). (Entered: 01/31/2007)
2007-01-31	15	BRIEF in Opposition re 11 Amended MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56(a) Amended MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56(a) filed by Defendant Bureau of Land Management. (Attachments: # 1 Exhibit A-1 -- administrative response)(Johnson, Michael) (Entered: 01/31/2007)
2007-02-02	16	Docket Annotation re: 14 MOTION for Summary Judgment. This docket entry was modified to indicate its a cross motion. Text only entry - no document attached. (gms, ) (Entered: 02/02/2007)
2007-02-09	17	MINUTE ORDER Updating Pretrial and Trial Procedures Memorandum by Judge John L. Kane on 02/09/07. (Attachments: # 1 )(jjh, ) (Entered: 02/09/2007)
2007-02-13	18	AMENDED ANSWER to 1 Complaint, by Defendant Bureau of Land Management. (Johnson, Michael) (Entered: 02/13/2007)
2007-02-13	19	MINUTE ORDER re: 18 Amended Answer to Complaint filed by Defendant shall be treated as a Motion to Amend Answer and is Granted. The Amended Answer is accepted as filed. Counsel is reminded that relief of this nature should be sought by motion, by Judge John L. Kane on 02/13/07. (jjh, ) (Entered: 02/13/2007)
2007-02-15	20	REPLY to Response to Motion re 11 Amended MOTION for Summary Judgment Pursuant to Fed.R.Civ.P. 56(a) filed by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition. (Attachments: # 1 Exhibit Pl Exh 4 Excerpt from DOE Uranium EA# 2 Exhibit Pl Exh 5 February 13 2007 Email re Amended Answer# 3 Exhibit Pl Exh 6 Feb 1 2007 Postmark# 4 Exhibit Pl Exh 6 Postal Service Tracking Report# 5 Exhibit Original Copy State Director Letter# 6 Exhibit Pl Ex 9 BLM NEPA Comments on DOE Uranium EA# 7 Exhibit Pl Exh 10 DOE Letter copied to R. Renker# 8 Exhibit Pl Exh 11 USFWS Letter Copied to BLM)(Stills, Travis) Modified on 2/16/2007 to delete duplicate text generated by the system (gms, ). (Entered: 02/15/2007)
2007-02-16	21	Docket Annotation re: 20 Reply to Response to Motion. This docket entry was modified to delete duplicate text generated by the system. Text only entry - no document attached. (gms, ) (Entered: 02/16/2007)
2007-02-21	22	SCHEDULING ORDER: Dispositive Motions due by 2/23/2007. Signed by Judge John L. Kane on 02/21/07. (jjh, ) (Entered: 02/21/2007)
2007-02-21	23	Minute Entry for proceedings held before Judge John L. Kane : Scheduling Conference held on 2/21/2007. Scheduling Order approved. (Court Reporter Kara Spitler.) (jjh, ) (Entered: 02/23/2007)
2007-02-23	24	BRIEF in Opposition re 14 MOTION for Summary Judgment filed by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition. (Attachments: # 1 Exhibit FWS FOIA Release August 22 2006# 2 Exhibit Excerpts from FWS FOIA Release)(Stills, Travis) (Entered: 02/23/2007)
2007-03-13	25	REPLY to Response to Motion re 14 MOTION for Summary Judgment filed by Defendant Bureau of Land Management. (Attachments: # 1 Exhibit A-4 -- Second Declaration of Adrian Caufield)(Johnson, Michael) (Entered: 03/13/2007)
2008-04-01	26	NOTICE re 14 MOTION for Summary Judgment, 15 Brief in Opposition to Motion, Notice of Supplemental Authority by Defendant Bureau of Land Management (Attachments: # 1 Exhibit Order on Cross-Motions for Summary Judgment, in INFORM, et al. v. Dep't of Energy, Civil Case No. 06-cv-02271-REB-CBS)(Johnson, Michael) (Entered: 04/01/2008)
2008-06-24	27	NOTICE re 14 MOTION for Summary Judgment, 15 Brief in Opposition to Motion, Notice of Supplemental Authority by Defendant Bureau of Land Management (Attachments: # 1 Exhibit Order on Magistrate Judge Recommendations, in Pagosans for Public Lands v. U.S. Forest Service, Civil Action No. 06-cv-00556-JLK-DW)(Johnson, Michael) (Entered: 06/24/2008)
2009-04-28	28	ORDER on Cross-Motions for Summary Judgment. The BLMs 14 Cross-Motion for Summary Judgment is DENIED. INFORMs 11 Amended Motion for Summary Judgment is GRANTED in part. See order for further details. INFORMs motion is DENIED to the extent it seeks immediate disclosure of the portions of the currently identified documents that have been withheld under Exemption 5. See order for further details. With respect to its request for attorney fees and costs, INFORM may file a separate request to recover these fees and costs after the BLM complies with this order, by Judge John L. Kane on 04/28/09.(wjc, ) (Entered: 04/29/2009)
2009-05-28	29	RESPONSE to 28 Order on Motion for Summary Judgment,,,,, by Defendant Bureau of Land Management. (Attachments: # 1 Exhibit Third Declaration of Adrian Caufield, # 2 Exhibit Agency response letter to plaintiffs' counsel, # 3 Exhibit three-page table describing recently located responsive records)(Johnson, Michael) (Entered: 05/28/2009)
2009-06-02	30	MINUTE ORDER: Plaintiffs shall reply to 29 Defendant's Response to 28 Order on Cross Motions for Summary Judgment no later than 06/19/2009, by Judge John L. Kane on 06/02/09. (wjc, ) (Entered: 06/02/2009)
2009-06-16	31	REPLY to Response to 28 Order on Summary Judgment by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition. (Attachments: # 1 14 Letter to Renker, # 2 Exhibit 15 email to COSO Rick Ryan, # 3 Exhibit 16 DPFO Rick Ryan, # 4 Exhibit 17 letter from DOE to BLM, # 5 Exhibit 18 Letter from BLM to DOE, # 6 Exhibit 19 Phone record)(Stills, Travis) Modified on 6/17/2009 to add linkage (wjc, ). (Entered: 06/16/2009)
2009-06-23	32	ORDER TO SHOW CAUSE: Show Cause Response due by 7/2/2009. Defendant shall show cause, if any, in writing why it and responsible employees should not be held in contempt for failure to comply with the 28 Order on Cross-Motions for Summary Judgment. Plaintiffs shall file a response to Defendants return to this Order to Show Cause no later than 07/17/2009, by Judge John L. Kane on 06/23/09. (wjc, ) (Entered: 06/23/2009)
2009-07-02	33	RESPONSE TO ORDER TO SHOW CAUSE re 32 by Defendant Bureau of Land Management. (Attachments: # 1 Exhibit A-1 -- Declaration of Anna Marie Burden, # 2 Exhibit A-2 -- letter to Travis Stills with attachment)(Johnson, Michael) (Entered: 07/02/2009)
2009-07-08	34	MINUTE ORDER: Plaintiffs may respond to Defendant's 33 Response to Order to Show Cause on or before 07/17/2009 by Judge John L. Kane on 07/08/09. (wjc, ) (Entered: 07/08/2009)
2009-07-17	35	REPLY to 33 Response to Order to Show Cause by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition. (Attachments: # 1 Exhibit 20 INFORM's FOIA Reques to DOE, # 2 Exhibit DOE FOIA Release Letter, # 3 Exhibit Draft ULM_EA, # 4 Exhibit 11 15 2005 Letter, # 5 Exhibit BLM Response to DOE Notes, # 6 Exhibit Email string February 2007, # 7 Exhibit FONSI, # 8 Exhibit AG FOIA Memo)(Stills, Travis) (Entered: 07/17/2009)
2009-07-22	36	NOTICE re 32 Order to Show Cause, "Defendant's Notice That It Is Conducting an Additional Search for Records" by Defendant Bureau of Land Management (Johnson, Michael) (Entered: 07/22/2009)
2009-07-27	37	ORDER: The Defendant shall file a notice clarifying this issue no later than 07/30/2009 so the Court can determine whether it is necessary to consider whether documents concerning oil and gas activities are within the scope of the 2006 FOIA request as part of the assessment of Defendants response to the pending Order to Show Cause, by Judge John L. Kane on 07/27/09. (wjc, ) (Entered: 07/27/2009)
2009-07-28	38	NOTICE re 37 Order, Defendant's Notice Clarifying Scope of New Search by Defendant Bureau of Land Management (Johnson, Michael) (Entered: 07/28/2009)
2009-07-29	39	ORDER: The 32 Order to Show Cause is DISCHARGED, by Judge John L. Kane on 07/29/09. (wjc, ) (Entered: 07/29/2009)
2009-08-07	40	NOTICE of Entry of Appearance by Kevin Thomas Traskos on behalf of Bureau of Land Management (Traskos, Kevin) (Entered: 08/07/2009)
2009-08-19	41	STATUS REPORT by Defendant Bureau of Land Management. (Johnson, Michael) (Entered: 08/19/2009)
2009-08-21	42	Joint STATUS REPORT by Defendant Bureau of Land Management. (Traskos, Kevin) Modified on 8/21/2009 to add text to clarify title of document(wjc, ). (Entered: 08/21/2009)
2009-08-21	43	Docket Annotation re: 42 Status Report. Modified on 8/21/2009 to add text to clarify title of document. Text only entry - no document attached. (wjc, ) (Entered: 08/21/2009)
2009-08-27	44	Joint STATUS REPORT by Plaintiffs Information Network for Responsible Mining, Colorado Environmental Coalition. (Attachments: # 1 Exhibit August 19 2009 Letter)(Stills, Travis) (Entered: 08/27/2009)
2009-10-21	45	MINUTE ORDER: 44 Status Report is approved. The additional Joint Status Report mentioned therein shall be filed no later than 10/30/2009, and every thirty days thereafter, by Judge John L. Kane on 10/21/2009. (wjc, ) (Entered: 10/21/2009)
2009-10-30	46	Joint STATUS REPORT by Defendant Bureau of Land Management. (Traskos, Kevin) (Entered: 10/30/2009)
2009-11-30	47	Joint STATUS REPORT by Defendant Bureau of Land Management. (Traskos, Kevin) (Entered: 11/30/2009)
2009-12-30	48	Joint STATUS REPORT by Defendant Bureau of Land Management. (Traskos, Kevin) (Entered: 12/30/2009)
2010-01-29	49	Joint STATUS REPORT by Defendant Bureau of Land Management. (Traskos, Kevin) (Entered: 01/29/2010)
2010-03-01	50	Joint STATUS REPORT by Defendant Bureau of Land Management. (Traskos, Kevin) (Entered: 03/01/2010)
2010-03-31	51	Joint STATUS REPORT by Defendant Bureau of Land Management. (Traskos, Kevin) (Entered: 03/31/2010)
2010-04-30	52	Joint STATUS REPORT by Defendant Bureau of Land Management. (Traskos, Kevin) (Entered: 04/30/2010)
2010-06-01	53	Joint STATUS REPORT by Defendant Bureau of Land Management. (Traskos, Kevin) (Entered: 06/01/2010)
2010-07-01	54	Joint STATUS REPORT by Defendant Bureau of Land Management. (Traskos, Kevin) (Entered: 07/01/2010)
2010-08-02	55	Stipulated MOTION to Dismiss by Plaintiffs Colorado Environmental Coalition, Information Network for Responsible Mining. (Attachments: # 1 Exhibit Stipulation and Settlement Agreement)(Stills, Travis) (Entered: 08/02/2010)
2010-08-02	56	ORDER granting 55 Plaintiffs' Stipulated Motion to Dismiss. This case is dismissed with prejudice, by Judge John L. Kane on 08/02/2010.(wjc, ) (Entered: 08/02/2010)
Hide Docket Events