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Competitive Enterprise Institute v. United States Environmental Protection Agency

ELR Citation: 44 ELR 20026
Nos. 12-1617, (D.D.C., 01/29/2014) (Boasberg, J.)

A district court held that EPA mostly complied with a think tank's FOIA request seeking information related to former EPA Administrator Lisa Jackson's use of a secondary email account. EPA produced over 10,000 records in response to the request and moved for summary judgment. The think tank opposed that motion on multiple grounds, ranging from "broad claims of bureaucratic conspiracy" to "nitpicking over EPA's refusal to disclose the spelling of its staff's personal email addresses." But for the most part, according to the court, the think tank "speaks loudly and carries a small stick." The law and the record show that EPA has almost entirely complied with its obligations under FOIA and that it is entitled to summary judgment on nearly every count. The court therefore ordered EPA to address a few last details before it terminates the case.