Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that the Federal Energy Regulatory Commission must disclose some but not all personally identifying information about landowners who will be affected by the Atlantic Coast Pipeline, which will run across West Virginia, Virginia, and North Carolina. The Niskanen Center requested the lists of landowners supplied by the Atlantic Coast Pipeline under the provisions of the Natural Gas Act. Niskanen Center specifically identified four landowner lists. FERC provided eight lists â€" three of the four lists Niskanen Center had requested as well as five others. While FERC disclosed all identifying information on commercial or government entities, it redacted the names and addresses of individuals under Exemption 6 (invasion of privacy). Niskanen Center filed an administrative appeal but subsequently filed suit. Hopeful that he could resolve the parties' disagreement, Boasberg held a status conference. Niskanen Center asked for the correct initials of each property owner and a street address, while FERC would only agree to disclose the initial of landowners and street names. Boasberg then considered the privacy interest in non-disclosure, noting that "although some individuals may be happy to reveal their home addresses, many are not. These landowners also have a privacy interest in not divulging that a natural-gas pipeline crosses their property â€" for example, to avoid potential protests on their land. Disclosing their names and addresses could result in an unwarranted surrender of their privacy." Assessing the public interest in disclosure, Boasberg observed that "here, Plaintiff seeks to shed light on whether FERC is enforcing its public-notice mandate. Put otherwise, it asserts that the public is interested in whether Defendant is ensuring that ACP is properly notifying affected landowners of the construction of a pipeline through their properties. To be sure, the Court concurs that such an interest is legitimate. The question at this point, however, is whether Niskanen needs all the information it seeks â€" i.e., full names and full addresses â€" to evaluate FERC's conduct." Boasberg concluded that releasing the initials and street names but not the exact addresses was the appropriate balance. He pointed out that "the Court's role is not simply to facilitate Niskanen's disclosure interest. It is also tasked with giving due weight to the landowners' privacy interest, The proposed limited disclosure here is a just outcome, for it protects the privacy interest of thousands of affected landowners â€" by withholding additional personal information â€" without sacrificing the public's interest in disclosure."
Issues: Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2019-01-18	1	COMPLAINT against FEDERAL ENERGY REGULATORY COMMISSION ( Filing fee $ 400, receipt number 4616096374) filed by NISKANEN CENTER. (Attachments: # 1 Civil Cover Sheet)(ztd) (Entered: 01/23/2019)
2019-01-18	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NISKANEN CENTER (ztd) (Entered: 01/23/2019)
2019-01-18		SUMMONS (3) Issued as to FEDERAL ENERGY REGULATORY COMMISSION, U.S. Attorney and U.S. Attorney General (ztd) (Entered: 01/23/2019)
2019-01-18	3	NOTICE OF RELATED CASE by NISKANEN CENTER. Case related to Case No. 18-1224 in USCA for DC. (ztd) (Entered: 01/23/2019)
2019-01-30	4	REQUEST FOR SUMMONS TO ISSUE filed by NISKANEN CENTER. (Attachments: # 1 Summons Request DC AG, # 2 Summons Request US AG)(Gibson, Megan) (Entered: 01/30/2019)
2019-01-31	5	SUMMONS (3) Reissued Electronically as to FEDERAL ENERGY REGULATORY COMMISSION, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent) (tth) (Entered: 01/31/2019)
2019-02-08	6	NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 02/08/2019)
2019-02-08	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL ENERGY REGULATORY COMMISSION served on 2/4/2019 (Attachments: # 1 Proof of Service)(Gibson, Megan) (Entered: 02/08/2019)
2019-02-08	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/04/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/4/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 3/6/2019.) (See Docket Entry 7 to view document) (jf) (Entered: 02/11/2019)
2019-02-11		NOTICE OF ERROR re 7 Summons Returned Executed as to Federal Defendant; emailed to m.gibson.esquire@gmail.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Document incomplete/illegible, 2. DO NOT REFILE - Counsel is reminded to docket/file all parts of their pleading (zjf, ) (Entered: 02/11/2019)
2019-03-06	9	ANSWER to 1 Complaint by FEDERAL ENERGY REGULATORY COMMISSION.(Sroka, Scott) (Entered: 03/06/2019)
2019-03-07		MINUTE ORDER: The parties shall confer and submit a joint proposed briefing schedule by March 21, 2019. So ORDERED by Judge James E. Boasberg on 3/7/2019. (lcjeb1) (Entered: 03/07/2019)
2019-03-07		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 3/21/2019. (znbn) (Entered: 03/07/2019)
2019-03-20	10	PROPOSED BRIEFING SCHEDULE by FEDERAL ENERGY REGULATORY COMMISSION. (Sroka, Scott) (Entered: 03/20/2019)
2019-03-20		MINUTE ORDER ADOPTING 10 Proposed Briefing Schedule. The Court ORDERS that: 1) Defendants' Motion for Summary Judgment shall be due by May 20, 2019; 2) Plaintiff's Cross-Motion and Opposition shall be due by July 19, 2019; 3) Defendants' Reply and Opposition shall be due by August 19, 2019; and 4) Plaintiff's Reply, if any, shall be due by September 18, 2019. So ORDERED by Judge James E. Boasberg on 3/20/2019. (lcjeb1) (Entered: 03/20/2019)
2019-03-20		Set/Reset Deadlines: Summary Judgment motions due by 5/20/2019. Response to Motion for Summary Judgment due by 7/19/2019. Reply to Motion for Summary Judgment due by 8/19/2019. Responses due by 9/18/2019. (lsj) (Entered: 03/20/2019)
2019-05-20	11	MOTION for Summary Judgment and Supporting Memorandum by FEDERAL ENERGY REGULATORY COMMISSION (Attachments: # 1 Statement of Facts, # 2 Declaration of Leonard M. Tao, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Sroka, Scott) (Entered: 05/20/2019)
2019-07-19	12	MOTION for Summary Judgment by NISKANEN CENTER (Attachments: # 1 Exhibit M. Gibson Declaration, # 2 Exhibit P. White Declaration, # 3 Text of Proposed Order, # 4 Certificate of Service)(Gibson, Megan) (Entered: 07/19/2019)
2019-07-19	13	RESPONSE re 11 MOTION for Summary Judgment and Supporting Memorandum filed by NISKANEN CENTER. (Attachments: # 1 Exhibit M. Gibson Declaration, # 2 Exhibit P. White Declaration, # 3 Text of Proposed Order, # 4 Certificate of Service)(Gibson, Megan) (Entered: 07/19/2019)
2019-08-16	14	MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment and Supporting Memorandum by FEDERAL ENERGY REGULATORY COMMISSION (Sroka, Scott) (Entered: 08/16/2019)
2019-08-16		MINUTE ORDER: The Court ORDERS that Defendant shall file a Notice by August 20, 2019, setting forth Plaintiff's position on the pending 14 Motion. So ORDERED by Judge James E. Boasberg on 8/16/2019. (lcjeb3) (Entered: 08/16/2019)
2019-08-16		Set/Reset Deadlines: Defendant shall file a Notice by 8/20/2019. (znbn) (Entered: 08/20/2019)
2019-08-20	15	NOTICE in Response to Court Order by FEDERAL ENERGY REGULATORY COMMISSION re Order (Sroka, Scott) (Entered: 08/20/2019)
2019-08-20		MINUTE ORDER GRANTING Defendant's 14 Motion for Extension of Time. Defendant shall file its Reply on or before 8/30/2019. So ORDERED by Judge James E. Boasberg on 08/20/2019. (lcjeb2) (Entered: 08/20/2019)
2019-08-20		Set/Reset Deadlines: Replies due by 8/30/2019. (znbn) (Entered: 08/20/2019)
2019-08-22	16	Consent MOTION for Extension of Time to File Response/Reply by NISKANEN CENTER (Gibson, Megan) (Entered: 08/22/2019)
2019-08-22		MINUTE ORDER GRANTING Consent 16 Motion for Extension of Time. The Court ORDERS that Plaintiff shall file its Reply by 10/2/2019. So ORDERED by Judge James E. Boasberg on 08/22/2019. (lcjeb2) (Entered: 08/22/2019)
2019-08-22		Set/Reset Deadlines: Replies due by 10/2/2019. (znbn) (Entered: 08/22/2019)
2019-08-30	17	Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment and Supporting Memorandum by FEDERAL ENERGY REGULATORY COMMISSION (Sroka, Scott) (Entered: 08/30/2019)
2019-08-30		MINUTE ORDER GRANTING Consent 17 Motion for Extension of Time. The Court ORDERS that Defendant shall file its Reply by September 6, 2019, and Plaintiff shall file its Reply by October 7, 2019. So ORDERED by Judge James E. Boasberg on 08/30/2019. (lcjeb1) (Entered: 08/30/2019)
2019-08-30		Set/Reset Deadlines: Defendant Reply due by 9/6/2019. Plaintiff Reply due by 10/7/2019. (znbn) (Entered: 08/30/2019)
2019-09-06	18	REPLY to opposition to motion re 11 MOTION for Summary Judgment and Supporting Memorandum filed by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Statement of Facts, # 2 Exhibit A)(Sroka, Scott) (Entered: 09/06/2019)
2019-09-06	19	Memorandum in opposition to re 12 MOTION for Summary Judgment filed by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Statement of Facts, # 2 Exhibit A)(Sroka, Scott) (Entered: 09/06/2019)
2019-10-02	20	Consent MOTION for Extension of Time to File Response/Reply by NISKANEN CENTER (Gibson, Megan) (Entered: 10/02/2019)
2019-10-02		MINUTE ORDER GRANTING Consent 20 Motion for Extension of Time. The Court ORDERS that Plaintiff shall file its Reply by October 14, 2019. So ORDERED by Judge James E. Boasberg on 10/2/2019. (lcjeb1) (Entered: 10/02/2019)
2019-10-02		Set/Reset Deadlines: Replies due by 10/14/2019. (nbn) (Entered: 10/03/2019)
2019-10-14	21	REPLY to re 19 Memorandum in Opposition, 18 Reply to opposition to Motion filed by NISKANEN CENTER. (Attachments: # 1 Exhibit FERC OVERSIGHT FOIA RESPONSE)(Gibson, Megan); Modified event and text on 10/15/2019 (ztth). (Entered: 10/14/2019)
2019-11-19		MINUTE ORDER: The Court ORDERS that the parties shall appear on December 3, 2019, at 11:00 a.m. for a hearing on the Cross-Motions for Summary Judgment. The Court is particularly interested in whether redactions here could achieve a compromise that satisfies both sides; for example, would a list containing initials or partial addresses suffice? Both sides should be prepared to address this issue. So ORDERED by Judge James E. Boasberg on 11/19/2019. (lcjeb1) (Entered: 11/19/2019)
2019-11-19		Set/Reset Hearings: Motion Hearing set for 12/3/2019 at 11:00 AM in Courtroom 25A before Judge James E. Boasberg. (nbn) (Entered: 11/19/2019)
2019-12-03		MINUTE ORDER: As discussed in today's hearing, the Court ORDERS that the parties shall submit a joint status report by December 17, 2019, indicating any agreement on redacted disclosure of the property-owner lists. So ORDERED by Judge James E. Boasberg on 12/3/2019. (lcjeb1) (Entered: 12/03/2019)
2019-12-03		Minute Entry for proceedings held before Judge James E. Boasberg: Motion Hearing held on 12/3/2019 on the Cross-Motions for Summary Judgment. Oral arguments heard. (Court Reporter Lisa Griffith) (nbn) (Entered: 12/03/2019)
2019-12-03		Set/Reset Deadlines: Joint Status Report due by 12/17/2019. (nbn) (Entered: 12/03/2019)
2019-12-03		Set/Reset Deadlines: Joint Status Report due by 12/17/2019. (nbn) (Entered: 12/04/2019)
2019-12-17	22	Joint STATUS REPORT by NISKANEN CENTER. (Attachments: # 1 Exhibit Exhibit 1 - Pl. Ltr to FERC)(Gibson, Megan) (Entered: 12/17/2019)
2020-01-15	23	ORDER: The Court ORDERS that: 1) Plaintiff's 12 Motion for Summary Judgment is DENIED; 2) Defendant's 11 Motion for Summary Judgment is GRANTED provided that Defendant shall provide the initials and street names of private landowners to Plaintiff; and 3) Judgment is ENTERED in favor of Defendant. Signed by Judge James E. Boasberg on 1/15/2020. (lcjeb3) (Entered: 01/15/2020)
2020-01-15	24	MEMORANDUM OPINION re 23 Motions for Summary Judgment. Signed by Judge James E. Boasberg on 1/15/2020. (lcjeb3) (Entered: 01/15/2020)
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