Case Detail

FOIA Project Annotation: A federal court in Oregon has ruled that the Federal Energy Regulatory Commission must disclose the names and addresses of individual landowners who were notified by the agency of four public hearings concerning a proposed 220-mile natural gas pipeline because they are not protected by Exemption 6 (invasion of privacy). Columbia Riverkeeper and Williamette Riverkeeper, two public interest organizations, filed suit for the names. The groups contended that FERC made lists of names of landowners for other pipeline projects available on its website. The agency responded that such disclosures were inadvertent and should not be used as a reason for ordering disclosure in this instance. The court noted that the agency's affidavit "does not suggest that the release of the names and addresses of individuals involved in other FERC projects was 'inadvertent,' and more importantly, does not demonstrate that FERC had a policy of withholding names and addresses at the time of plaintiffs' original FOIA request, or even at present." The agency argued that the Supreme Court's decisions in Bibles v. Oregon Natural Desert Association, 510 U.S. 355 (1997), and Dept of Defense v. Federal Labor Relations Authority, 510 U.S. 487 (1994), held that personal information was typically exempt. But the court distinguished both Bibles and Federal Labor Relations Authority, noting that neither of them addressed the public interest in disclosure. The court indicated that the Ninth Circuit had ruled in Bibles that the privacy interest of individuals who had voluntarily signed up for an agency newsletter was minimal. And in Federal Labor Relations Authority, the privacy interest involved whether or not individual employees had agreed to be contacted by their union representative. In contrast, the court pointed out that "here, the list is of landowners in the path of a possible pipeline. The landowners took no action to get either on or off this list. Their presence on the list was involuntary." The court concluded that "FERC has not carried its burden of proving the withheld materials are exempt from disclosure. The evidence does not support the existence of a 'clearly unwarranted invasion of privacy' as that statutory term is interpreted in Supreme Court and Ninth Circuit jurisprudence. Nor has FERC carried its burden of proving that the information sought by plaintiffs would not shed light on FERC's performance of its statutory duties governing notice."
Issues: Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2008-08-07	1	Complaint. Filing Fee in amount of $350 collected. Receipt No. 22494 issued. Summons issued as to Federal Energy Regulatory Commission. Jury Trial Requested: No. Filed by Columbia Riverkeeper, Willamette Riverkeeper against Federal Energy Regulatory Commission. (ljc) (Entered: 08/08/2008)
2008-08-07	2	Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable Dennis J. Hubel. Discovery is to be completed by 12/5/2008. Joint Alternate Dispute Resolution Report is due by 1/5/2009. Pretrial Order is due by 1/5/2009. Ordered by Judge Dennis J. Hubel. (ljc) (Entered: 08/08/2008)
2008-08-13	3	Summons Returned Executed as to Federal Energy Regulatory Commission ( U.S. Attorney and U.S. Attorney General) served on 8/12/2008. Answer is due by 10/14/2008. Filed by all plaintiffs. (ecp) (Entered: 08/15/2008)
2008-08-19	4	Unopposed Motion for Extension of Time Notice of Appearance of Counsel and Defendant's Unopposed Motion For an Extension of Time to Answer . Filed by Federal Energy Regulatory Commission. (Danielson, Kevin) (Entered: 08/19/2008)
2008-08-20	5	RECORD OF ORDER by Judge Dennis J. Hubel: Defendant's Motion for Extension of Time to Answer 4 is GRANTED, up to and including September 22, 2008. (kb) (Entered: 08/20/2008)
2008-09-09	6	Motion for Leave to File Amended Complaint/Petition. Filed by Columbia Riverkeeper. (Attachments: # 1 Exhibit 1, First Amended Complaint# 2 Exhibit 2, First Amended Complaint, track changes) (VandenHeuvel, Brett) (Entered: 09/09/2008)
2008-09-09	7	Fed. R. Civ. P. 26(a)(1) Agreement. Filed by Federal Energy Regulatory Commission. (ecp) (Entered: 09/10/2008)
2008-09-09	8	The document, Fed. R. Civ. P. 26 Agreement 7 , was conventionally filed in our court after the mandatory electronic filing deadline of September 1, 2006. Local Rule 100.1 clearly requires the electronic filing of all pleadings, documents, and other papers in all pending civil and criminal cases. The document(s) referenced above should not be re-filed electronically, but we ask that you conform to the requirements of LR 100.1 in future submissions to the court. Please refer to LR 100.4 for documents which must be filed conventionally. To learn more about this requirement and the CM/ECF system, visit the court's Internet website at: ord.uscourts.gov. There you will find links to rules and resources designed to assist you and your staff in quickly learning how to electronically file. If you have any questions or concerns regarding this matter, please contact any member of the Clerk's Office staff. (ecp) (Entered: 09/10/2008)
2008-09-12	9	RECORD OF ORDER by Judge Dennis J. Hubel: Plaintiff's Motion to Amend Complaint 6 is GRANTED. (kb) (Entered: 09/12/2008)
2008-09-12	10	First Amended Complaint.Filed by Columbia Riverkeeper against Federal Energy Regulatory Commission. (VandenHeuvel, Brett) (Entered: 09/12/2008)
2008-09-22	11	Unopposed Motion for Extension of Time to Answer. Filed by Federal Energy Regulatory Commission. (Danielson, Kevin) (Entered: 09/22/2008)
2008-09-23	12	RECORD OF ORDER by Judge Dennis J. Hubel: Defendant's Unopposed Motion for Extension of Time to Answer 11 is GRANTED, up to and including September 24, 2008. (kb) (Entered: 09/23/2008)
2008-09-24	13	Answer to Amended Complaint Defendant's Answer to Plaintiffs' First Amended Complaint . Filed by Federal Energy Regulatory Commission. (Danielson, Kevin) (Entered: 09/24/2008)
2008-09-25	14	Scheduling Order by Dennis J. Hubel: A Rule 16 Conference is set for October 28, 2008, at 9:30 a.m., to be held by telephone. The court will place the call. Local Rules 16.2(b) and 26.1(a)(b) require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. Plaintiff shall advise the court at the conference whether or not there will be full consent to proceed before magistrate judge in the case. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly with respect to the setting of trial. (kb) (Entered: 09/25/2008)
2008-10-27	15	Motion to Compel a Discovery Response . Oral Argument requested. Filed by Columbia Riverkeeper. (VandenHeuvel, Brett) (Entered: 10/27/2008)
2008-10-27	16	Memorandum in Support of Motion to Compel a Discovery Response . Filed by Columbia Riverkeeper. (Related document(s): Motion to compel 15 .) (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6) (VandenHeuvel, Brett) (Entered: 10/27/2008)
2008-10-28	17	Record of time set for Rule 16 Conference held before Judge Dennis J. Hubel: Oral argument on Plaintiffs' Motion to Compel Discovery Response 15 , and other anticipated discovery motions, is set for November 24, 2008, at 1:30 p.m., in Courtroom #9B, to be followed by a scheduling conference. Any deadlines related to defendant's anticipated motion for summary judgment are stayed pending the proceeding held on November 24, 2008. (see formal order) (kb) (Entered: 10/28/2008)
2008-11-07	18	Motion for Extension of Time Defendant's Unopposed Motion for Extension of Time . Filed by Federal Energy Regulatory Commission. (Danielson, Kevin) (Entered: 11/07/2008)
2008-11-10	19	RECORD OF ORDER by Judge Dennis J. Hubel: Defendant's Motion for Extension of Time 18 to respond to Plaintiff's Motion to Compel a Discovery Response is GRANTED, up to and including November 12, 2008. Oral argument on the discovery motion remains set for November 24, 2008. (kb) (Entered: 11/10/2008)
2008-11-12	20	Motion for Protective Order To Stay Discovery and to Quash Notice of Deposition . Filed by Federal Energy Regulatory Commission. (Danielson, Kevin) (Entered: 11/12/2008)
2008-11-12	21	Response Defendant's Response to Motion to Compel and Memorandum of Law Supporting Defendant's Motion for a Protective Order to Stay Discovery and To Quash Notice of Deposition to Motion to Compel a Discovery Response 15 . Filed by Federal Energy Regulatory Commission. (Danielson, Kevin) (Entered: 11/12/2008)
2008-11-12	22	Motion for Summary Judgment. Filed by Federal Energy Regulatory Commission. (Danielson, Kevin) (Entered: 11/12/2008)
2008-11-12	23	Memorandum in Support Defendant's Memorandum in Support of Motion for Summary Judgment . Filed by Federal Energy Regulatory Commission. (Related document(s): Motion for Summary Judgment 22 .) (Danielson, Kevin) (Entered: 11/12/2008)
2008-11-12	24	Concise Statement of Material Fact. Filed by Federal Energy Regulatory Commission. (Related document(s): Motion for Summary Judgment 22 .) (Danielson, Kevin) (Entered: 11/12/2008)
2008-11-12	25	Declaration of Veronica Moten. Filed by Federal Energy Regulatory Commission. (Related document(s): Motion for Summary Judgment 22 .) (Danielson, Kevin) (Entered: 11/12/2008)
2008-11-12	26	Declaration of Douglas Sipe. Filed by Federal Energy Regulatory Commission. (Related document(s): Motion for Summary Judgment 22 .) (Danielson, Kevin) (Entered: 11/12/2008)
2008-11-12	27	Declaration of Michael Watson. Filed by Federal Energy Regulatory Commission. (Related document(s): Motion for Summary Judgment 22 .) (Danielson, Kevin) (Entered: 11/12/2008)
2008-11-14	28	Unopposed Motion for Extension of Time. Filed by Columbia Riverkeeper. (VandenHeuvel, Brett) (Entered: 11/14/2008)
2008-11-17	29	RECORD OF ORDER by Judge Dennis J. Hubel: Plaintiffs' Unopposed Motion for Extension of Time 28 to file their reply to defendant's response to their Motion to Compel a Discovery Response 15 is GRANTED, up to and including 11/18/2008. Oral argument on the motion remains set for 11/24/08. (kb) (Entered: 11/17/2008)
2008-11-18	30	Response in Opposition to Motion for Protective Order To Stay Discovery and to Quash Notice of Deposition 20 . Filed by Columbia Riverkeeper. (Attachments: # 1 Exhibit) (VandenHeuvel, Brett) (Entered: 11/18/2008)
2008-11-24	31	MINUTES of Proceedings: Oral argument held on Plaintiffs' Motion to Compel a Discovery Response, 15 , and on Defendant's Motion for Protective Order, To Stay Discovery, and to Quash Notice of Deposition, 20 - ORDER taking the motions under advisement this date. Brent Foster; Brenna Bell present as counsel for plaintiff(s). Kevin Danielson present as counsel for defendant(s). Court Reporter: KB/FTR. Honorable Dennis J. Hubel presiding. (kb) (Entered: 11/24/2008)
2008-11-24	32	ORDER: Granting Motion to Compel 15 ; Granting in Part Denying in Part Motion for a Protective Order 20 )(See formal four page order). Signed on 11/24/08 by Judge Dennis J. Hubel. (hubel1, ) (Entered: 11/24/2008)
2008-11-25	33	Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (ljl) (Entered: 11/25/2008)
2009-02-04	34	Notice of Attorney Withdrawal:.Filed by Columbia Riverkeeper. (VandenHeuvel, Brett) (Entered: 02/04/2009)
2009-03-03	35	RECORD OF SCHEDULING ORDER by Judge Dennis J. Hubel: At the joint request of the parties, the court sets the following motion schedule: Plaintiffs' response to Defendant's Motion for Summary Judgment 22 and their anticipated cross motion for summary judgment are due 3/19/09. Defendant's reply regarding its motion for summary judgment, and response to plaintiffs' motion, are due 3/30/09. Plaintiff's reply regarding their motion for summary judgment is due 4/10/09. Oral argument on Defendant's Motion for Summary Judgment 22 , and on plaintiffs' anticipated cross motion for summary judgment, is set for 4/30/09 at 10:00 a.m., in Courtroom #9B. (kb) (Entered: 03/03/2009)
2009-03-12	36	RECORD OF SCHEDULING ORDER by Judge Dennis J. Hubel: Due to a conflict that has arisen on the court's calendar, oral argument on Defendant's Motion for Summary Judgment 22 is RESET to May 19, 2009, at 10:00 a.m., in Courtroom #9B. (kb) (Entered: 03/12/2009)
2009-03-19	37	Motion for Summary Judgment. Oral Argument requested. Filed by Columbia Riverkeeper. (VandenHeuvel, Brett) (Entered: 03/19/2009)
2009-03-19	38	Memorandum in Support Plaintiffs' Motion for Summary Judgment . Filed by Columbia Riverkeeper. (Related document(s): Motion for Summary Judgment 37 .) (Attachments: # 1 Exhibit 1 to 7, # 2 Exhibit 8 to 12, # 3 Exhibit 13 to 16, # 4 Exhibit 17 to 18, # 5 Exhibit 19 to 22, # 6 Attachment Declaration of Brett VandenHeuvel) (VandenHeuvel, Brett) (Entered: 03/20/2009)
2009-03-20	39	Concise Statement of Material Fact Response . Filed by Columbia Riverkeeper. (Related document(s): Motion for Summary Judgment 37 .) (VandenHeuvel, Brett) (Entered: 03/20/2009)
2009-03-30	40	Unopposed Motion for Extension of Time. Filed by Federal Energy Regulatory Commission. (Danielson, Kevin) (Entered: 03/30/2009)
2009-04-03	41	Reply Defendant's Reply to Defendant's Motion for Summary Judgment and Response to Plaintiffs' Motion for Summary Judgment to Motion for Summary Judgment 22 . Filed by Federal Energy Regulatory Commission. (Danielson, Kevin) (Entered: 04/03/2009)
2009-04-03	42	Declaration of Jacqueline Holmes. Filed by Federal Energy Regulatory Commission. (Related document(s): Reply to Motion 41 .) (Danielson, Kevin) (Entered: 04/03/2009)
2009-04-03	43	Declaration of Kevin Danielson. Filed by Federal Energy Regulatory Commission. (Related document(s): Reply to Motion 41 .) (Attachments: # 1 Exhibit 1 - Part 1, # 2 Exhibit 1 - Part 2, # 3 Exhibit 1 - Part 3, # 4 Exhibit 2 -Part 1, # 5 Exhibit 2 - Part 2, # 6 Exhibit 3 - Part 1, # 7 Exhibit 3 - Part 2) (Danielson, Kevin) (Entered: 04/03/2009)
2009-04-07	44	ORDER: Defendant's Unopposed Motion for Extension of Time 40 to file its response to plaintiff's motion for summary judgment, and its reply to defendant's motion for summary judgment, is GRANTED, up to and including 4/3/09. Ordered by Magistrate Judge Dennis J. Hubel. (kb) (Entered: 04/07/2009)
2009-04-14	45	Reply to Motion for Summary Judgment 37 Oral Argument requested. Filed by Columbia Riverkeeper. (VandenHeuvel, Brett) (Entered: 04/14/2009)
2009-05-19	46	MINUTES OF PROCEEDINGS: Motion Hearing Held regarding Plaintiff's Motion for Summary Judgment (# 37 ) and Defendant's Motion for Summary Judgment (# 22 ) held 5/19/09: ORDER: The Motions (# 22 & # 37 ) are taken under advisement as of 5/19/2009. Brett A. VandenHeuvel & Brenna Bell present as counsel for plaintiff(s). Kevin Danielson present as counsel for defendant(s). Court Reporter: Bonita Shumway. Magistrate Judge Dennis J. Hubel presiding. eo) (Entered: 06/17/2009)
2009-07-24	47	OPINION AND ORDER: Plaintiffs' motion for summary judgment (doc. # 37) is GRANTED in part and DENIED in part. FERC's motion for summary judgment on Exemption Six (doc. # 27) is DENIED. Signed on 7/24/09 by Magistrate Judge Dennis J. Hubel. (see formal 20-page opinion) (kb) (Entered: 07/24/2009)
2009-08-05	48	Unopposed Motion for Extension of Time to File Costs and Fee Motion . Filed by Columbia Riverkeeper. (VandenHeuvel, Brett) (Entered: 08/05/2009)
2009-08-11	49	JUDGMENT: IT IS ORDERED that defendant shall search for and produce the documents requested in plaintiffs' Freedom of Information Act requests #1 and #2, with names and addresses. Plaintiffs' claims based on the Administrative Procedures Act are dismissed for lack of subject matter jurisdiction. Plaintiffs' second claim for relief, a request that the court find defendant's actions arbitrary and capricious, is dismissed. Signed on 8/10/09 by Magistrate Judge Dennis J. Hubel. (kb) (Entered: 08/11/2009)
2009-08-11	50	ORDER: Plaintiff's Unopposed Motion for Extension of Time to File Costs and Fee Motion 48 is GRANTED, up to and including September 10, 2009. Ordered by Magistrate Judge Dennis J. Hubel. (kb) (Entered: 08/11/2009)
2009-09-10	51	Motion for Attorney Fees and Costs . Filed by Columbia Riverkeeper. (VandenHeuvel, Brett) Modified on 11/24/2009 (kb). (Entered: 09/10/2009)
2009-09-10	52	Memorandum in Support Motion for Attorney's Fees and Costs . Filed by Columbia Riverkeeper. (Related document(s): Motion for Attorney Fees 51 .) (VandenHeuvel, Brett) (Entered: 09/10/2009)
2009-09-10	53	Second Declaration of Brett VandenHeuvel in Support of plaintiffs' motion for attorney's fees and costs . Filed by Columbia Riverkeeper. (Related document(s): Motion for Attorney Fees 51 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (VandenHeuvel, Brett) (Entered: 09/10/2009)
2009-09-10	54	Declaration of Brenna Bell in support of plaintiffs' motion for attorney's fees and costs . Filed by Columbia Riverkeeper. (Related document(s): Motion for Attorney Fees 51 .) (Attachments: # 1 Exhibit 1) (VandenHeuvel, Brett) (Entered: 09/10/2009)
2009-09-10	55	Second Declaration of Brent Foster in support of plaintiffs' motion for attorney's fees and costs . Filed by Columbia Riverkeeper. (Related document(s): Motion for Attorney Fees 51 .) (Attachments: # 1 Exhibit 1 (timesheet)) (VandenHeuvel, Brett) (Entered: 09/10/2009)
2009-09-10	56	Declaration of Christopher Winter in support of plaintiffs' motion for attorney's fees and costs . Filed by Columbia Riverkeeper. (Related document(s): Motion for Attorney Fees 51 .) (VandenHeuvel, Brett) (Entered: 09/10/2009)
2009-09-10	57	Declaration of Stephanie M Parent in support of plaintiffs' motion for attorney's fees and costs . Filed by Columbia Riverkeeper. (Related document(s): Motion for Attorney Fees 51 .) (VandenHeuvel, Brett) (Entered: 09/10/2009)
2009-09-10	58	Declaration of Travis Williams in support of plaintiffs' motion for attorney's fees and costs . Filed by Columbia Riverkeeper. (Related document(s): Motion for Attorney Fees 51 .) (VandenHeuvel, Brett) (Entered: 09/10/2009)
2009-09-21	59	Motion for Extension of Time. Filed by Federal Energy Regulatory Commission. (Danielson, Kevin) (Entered: 09/21/2009)
2009-09-23	60	ORDER: Defendant's Motion for Extension of Time 59 is GRANTED. Defendant's response to plaintiff's motion for attorney fees is now due by 10/5/2009. Ordered by Magistrate Judge Dennis J. Hubel. (kb) (Entered: 09/23/2009)
2009-10-05	61	Unopposed Motion for Extension of Time. Filed by Federal Energy Regulatory Commission. (Danielson, Kevin) (Entered: 10/05/2009)
2009-10-06	62	ORDER: Granting Defendant's Motion for Extension of Time 61 . Defendant's response to Plaintiff's Motion for Attorney Fees and Costs 51 is now due by 11/4/2009. Ordered by Magistrate Judge Dennis J. Hubel. (kb) (Entered: 10/06/2009)
2009-10-08	63	Notice of Appeal to the 9th Circuit. Filed by Federal Energy Regulatory Commission. (Attachments: # 1 Attachment) (Danielson, Kevin) (Entered: 10/08/2009)
2009-10-13	64	Notification from USCA 9th Circuit of Case Number CA 09-35901 for Notice of Appeal 63 filed by Federal Energy Regulatory Commissioner on 10/8/09, including Time Schedule Order. (kt) (Entered: 10/16/2009)
2009-11-04	65	Unopposed Motion for Extension of Time to File a Response/Reply Defendant's Third Unopposed Motion for Extension of Time to Motion for Attorney Fees and Costs 51 . Filed by Federal Energy Regulatory Commission. (Danielson, Kevin) (Entered: 11/04/2009)
2009-11-09	66	ORDER: Granting Defendant's Third Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion for Attorney Fees and Costs 65 . Response is now due by 12/4/2009. Ordered by Magistrate Judge Dennis J. Hubel. (kb) (Entered: 11/09/2009)
2009-11-19	68	Order from USCA for the 9th Circuit dismissing Appeal CA 09-35901 63 . (tomg) (Entered: 11/24/2009)
2009-11-20	67	Motion for Attorney Fees Joint Stipulation and [Proposed] Order Regarding Attorney Fees and Costs . Filed by Federal Energy Regulatory Commission. (Danielson, Kevin) (Entered: 11/20/2009)
2010-01-04	69	ORDER: Granting Motion for Attorney Fees 67 . Signed on 12/23/09 by Magistrate Judge Dennis J. Hubel. (ljl) (Entered: 01/05/2010)
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