Case Detail

FOIA Project Annotation: The court ruled that the Western Energy Alliance is not entitled to attorney's fees for its suit against the U.S. Fish and Wildlife Service for records pertaining to the peer review of the Greater Sage-Grouse Conservation Objectives Final Report. WEA filed suit after the agency failed to respond to its request. Although the agency disclosed the records after litigation commenced, WEA pursued its request for attorney's fees. Assessing the public interest in disclosure, the court noted that "WEA, in its motion, asserts that the information was shared 'with its members and other stakeholder groups,' and 'referenced' in lobbying activities. WEA, in its reply, also suggests that its use of the material has been somewhat successful in attracting the attention of policy makers. Although WEA nakedly alleges that its use of the material will benefit the public, there is no demonstration that the documents were disseminated for the benefit of the 'public' as opposed to the benefit of only WEA's dues-paying members. . .Even assuming that the limited materials that WEA obtained would be of substantial public interestâ€"it appears the final version of the report was already publicâ€"WEA has used the material exclusively for the benefit of its members and failed to disseminate it to the public." Because the materials had only benefited WEA's members, the court indicated that its self-interest motive was sufficient to encourage it to pursue litigation. But the court found the agency's explanation for the delayâ€"that the request had been misplaced and the agency was short-staffedâ€"was not convincing. The court pointed out that "it is difficult to divine a 'reasonable basis in law' that could support the government's delay." However, the court observed that "because three of the four factors weigh against an award, and FWS cooperated in resolving the matter quickly after litigation commenced, the Court finds that an award of attorney fees is not justified in this case."
Issues: Litigation - Attorney's fees - Entitlement - Personal interest, Litigation - Attorney's fees - Entitlement - Public benefit

Date Filed	Doc #	Docket Text
2013-10-15	1	COMPLAINT against United States Fish and Wildlife Service (Filing fee $ 400, Receipt Number 1082-3577448), filed by Western Energy Alliance. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Summons Attorney General, # 5 Summons Civil Process Clerk, # 6 Summons Fish and Wildlife Service, # 7 Civil Cover Sheet, # 8 Civil Cover Sheet Attachment)(Holsinger, Kent) (Entered: 10/15/2013)
2013-10-15	2	Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge Michael J. Watanabe. 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	CORPORATE DISCLOSURE STATEMENT. (Holsinger, Kent) (Entered: 10/16/2013)
2013-10-16	5	NOTICE OF CASE ASSOCIATION by Plaintiff Western Energy Alliance (Holsinger, Kent) (Entered: 10/16/2013)
2013-10-18	6	MEMORANDUM RETURNING CASE by Senior Judge Daniel. (jjhsl, ) (Entered: 10/18/2013)
2013-10-18	7	CASE REASSIGNED pursuant to 6 Memorandum Returning Case. This case is reassigned to Chief Judge Marcia S. Krieger. All future pleadings should be designated as 13-cv-2811-MSK-MJW. Text Only Entry (jjhsl, ) (Entered: 10/18/2013)
2013-11-12	8	NOTICE of Entry of Appearance by Zeyen Julian Wu on behalf of U.S. Fish and Wildlife Service (Wu, Zeyen) (Entered: 11/12/2013)
2013-11-13	9	SUMMONS Returned Executed upon defendant(s) U.S. Fish and Wildlife Service 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 for Extension of Time to Answer or Respond to the Complaint to December 3, 2013 by Defendant U.S. Fish and Wildlife Service. U.S. Fish and Wildlife Service answer due 12/3/2013. (Wu, Zeyen) (Entered: 11/14/2013)
2013-12-03	11	Defendant U.S. Fish and Wildlife Service's ANSWER to 1 Complaint, by U.S. Fish and Wildlife Service.(Wu, Zeyen) (Entered: 12/03/2013)
2014-01-22	12	STIPULATION of Dismissal of Case by Defendant U.S. Fish and Wildlife Service. (Attachments: # 1 Proposed Order (PDF Only))(Wu, Zeyen) (Entered: 01/22/2014)
2014-02-21	13	MOTION for Attorney Fees and Costs by Plaintiff Western Energy Alliance. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Holsinger, Kent) (Entered: 02/21/2014)
2014-03-14	14	RESPONSE to 13 MOTION for Attorney Fees and Costs filed by Defendant U.S. Fish and Wildlife Service. (Attachments: # 1 Exhibit 1 Declaration of Cathey Willis, # 2 Exhibit 2 Declaration of Zeyen Wu, # 3 Exhibit 3 FOIA Release - Peer Review, # 4 Exhibit 4 FOIA Release - Draft COT Report, # 5 Exhibit 5 WEA Overview, # 6 Exhibit 6 WEA COT Analysis, # 7 Exhibit 7 Settlement Communication, # 8 Exhibit 8 E-mails bet. the Parties, # 9 Exhibit 9 BLM Fee Affidavit, # 10 Exhibit 10 E-mails bet. the Parties, # 11 Exhibit 11 WEA Value of Work, # 12 Exhibit 12 2011 Form 990, # 13 Exhibit 13 WSJ Article, # 14 Exhibit 14 GJS Article, # 15 Exhibit 15 WEA Sage Grouse Website, # 16 Exhibit 16 WEA New Members)(Wu, Zeyen) (Entered: 03/14/2014)
2014-03-27	15	REPLY to Response to 13 MOTION for Attorney Fees and Costs filed by Plaintiff Western Energy Alliance. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Holsinger, Kent) (Entered: 03/27/2014)
2014-09-02	16	OPINION AND ORDER DENYING MOTION FOR ATTORNEY FEES: Plaintiff Western Energy Alliance's Motion for Attorney Fees and Costs 13 is DENIED . by Chief Judge Marcia S. Krieger on 9/2/14. Text Only Entry(msksec, ) (Entered: 09/02/2014)
2014-10-21	17	NOTICE OF APPEAL as to 16 Order on Motion for Attorney Fees by Plaintiff Western Energy Alliance (Filing fee $ 505, Receipt Number 1082-4103295) (Holsinger, Kent) (Entered: 10/21/2014)
2014-10-22	18	LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 17 Notice of Appeal filed by Western Energy Alliance to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: # 1 Preliminary Record)(dkals, ) (Entered: 10/22/2014)
2014-10-23	19	USCA Case Number 14-1435 for 17 Notice of Appeal filed by Western Energy Alliance. (dkals, ) (Entered: 10/23/2014)
2014-11-04	20	TRANSCRIPT ORDER FORM re 17 Notice of Appeal by Plaintiff Western Energy Alliance (Holsinger, Kent) (Entered: 11/04/2014)
2014-11-04	21	LETTER TO USCA and all counsel certifying the record is complete as to 17 Notice of Appeal filed by Western Energy Alliance. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 14-1435) Text Only Entry (dkals, ) (Entered: 11/05/2014)
2015-04-28	22	USCA Order and Judgment as to 17 Notice of Appeal filed by Western Energy Alliance: the judgment of the district court is affirmed. (USCA Case No. 14-1435) (This document is not the Mandate) (dkals, ) (Entered: 04/28/2015)
2015-05-29	23	ORDER DIRECTING CLERK TO CLOSE CASE: THIS MATTER having returned from the United States Court of Appeals and upon the filing of the 12 Stipulation of Dismissal of Case filed by U.S. Fish and Wildlife Service, the Clerk is directed to close this case. by Chief Judge Marcia S. Krieger on 5/29/15. Text Only Entry (msksec, ) (Entered: 05/29/2015)
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