Natural Resources Defense Council v. United States Environmental Protection…
Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency
- Andrew Carter
- 1:20-cv-00900
- U.S. District Court · Southern District of New York
- 3
In Natural Resources Defense Council v. Environmental Protection Agency, Magistrate Judge Lehrburger approved the parties' FOIA schedule and canceled the initial conference.
The order directly affects Natural Resources Defense Council, Inc. and the United States Environmental Protection Agency by setting EPA's additional-search and production process and setting deadlines for NRDC's responses and any later summary-judgment proceedings.
What happened
Natural Resources Defense Council v. United States Environmental Protection Agency concerns a request under the Freedom of Information Act for records about speeches, talks, remarks, or presentations that former EPA Administrator Pruitt gave to people or groups outside the federal government. The agency initially identified 94 pages and withheld them in full, later partly granted an administrative appeal, and produced portions of approximately 94 pages while claiming the remaining portions were exempt.
The parties jointly asked to be excused from preparing a standard civil case-management plan because the case generally would not involve discovery. They proposed that the Environmental Protection Agency conduct an additional search, review records, produce non-exempt material on a rolling basis, and provide information about any withheld material. Natural Resources Defense Council would then identify disputed withholdings, and the parties would report whether summary-judgment briefing was necessary.
Magistrate Judge Robert W. Lehrburger approved the proposed deadlines and canceled the May 20, 2020 initial pretrial conference. The order set procedures for further searching and producing records; it did not decide whether the agency's withholdings were lawful.
The detailed version
- Natural Resources Defense Council v. United States Environmental Protection… · No. 1:20-cv-00900
- Andrew Carter
- May 14, 2020
Background
Natural Resources Defense Council (NRDC) brought this action under the Freedom of Information Act, a federal law that generally gives the public a right to request records from federal agencies. NRDC sought records concerning the content of speeches, talks, remarks, or presentations that former Environmental Protection Agency Administrator Pruitt made since February 17, 2017, to people or groups outside the federal government.
NRDC submitted its request on April 24, 2017. The Environmental Protection Agency (EPA) stated on April 4, 2019, that it had completed its search, located 94 pages of responsive records, and withheld all of them. NRDC filed an administrative appeal, which EPA partly granted. Before NRDC filed its complaint on February 3, 2020, EPA had not released records in response to that appeal. On March 28, 2020, EPA produced portions of approximately 94 pages and asserted that the remaining portions were exempt. NRDC sought the non-exempt records, identification of any withholdings, and descriptions of the reasons for those withholdings.
Parties' Joint Proposal
The parties reported that they had met and conferred about a schedule for an additional search and production. They stated that the case generally was not subject to civil discovery and that they did not currently foresee a need for discovery. They expected the case to be resolved either by agreement or through cross-motions for summary judgment based on agency declarations.
The proposed schedule stated that EPA was preparing search parameters and considering NRDC's suggestions. EPA expected to conduct an initial pre-case assessment on or about May 27, 2020, then review the collected records and produce responsive, non-exempt records or portions on a rolling basis at a rate of 300 documents per month. The proposal stated that EPA would provide information about withheld records or portions within 14 days after its final production. NRDC would have 14 days afterward to identify challenged withholdings or other challenges to EPA's search or justifications. Thirty days after that, the parties would jointly advise the court whether summary-judgment briefing was necessary.
The letter also proposed a July 31, 2020 deadline for any needed joinder or amended pleadings and requested a 14-day postponement of the initial pretrial conference.
Ruling
Magistrate Judge Robert W. Lehrburger ordered that all of the proposed deadlines would take effect. The court stated that no initial pretrial conference was needed and canceled the conference scheduled for May 20, 2020, while inviting the parties to request another conference if necessary.
This order addressed case administration and the process for further searching and producing records. It did not rule on whether EPA's claimed exemptions or withholdings complied with the Freedom of Information Act.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.