Earthworks v. U.S. Department of the Interior
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Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
EARTHWORKS, et al.,
Plaintiffs,
v. Civil Action No. 09-1972 (HHK/JMF)
U.S. DEPT. OF THE INTERIOR, et al.,
Defendants.
MEMORANDUM ORDER
There has been assigned to me the task of reviewing a large number of documents which
the Department of Interior (“DOI”) claims are protected by the attorney-client and, to a lesser
extent, the work product privileges.
The attorney-client privilege protects confidential communications made by a client to a
lawyer for the purpose of securing legal advice or services, 1 while the work product privilege
protects a lawyer’s mental processes while that lawyer is preparing for trial or working in
anticipation thereof. 2 The former is said to advance the crucial societal interest in clients being
candid with their lawyers, 3 while the latter advances the equally important value in zealous
advocacy. 4
Review of privilege logs often discloses that the person doing the log may not understand
the intricacies of the privileges being claimed. Perhaps the greatest deficiency is the failure to
appreciate that the attorney-client privilege does not operate to insulate from disclosure every
1 Banks v. Office of the Senate Sergeant at Arms, 236 F.R.D. 16, 19-20 (D.D.C. 2006). 2 Fed. R. Civ. P. 26(b)(3). 3 Upjohn Co. v. United States, 449 U.S. 383, 389 (1982). 4 Hickman v. Taylor, 329 U. S. 495, 510-11 (1947). possible communication between an attorney and client. It should be obvious that
communications from the attorney to client are not ipso facto protected. To the contrary, the
privilege operates to shield communications from an attorney to a client “only if that
communication is based on confidential information provided by the client.” Mead Data Cent. v.
U.S. Dep’t of the Air Force, 566 F.2d 242, 255 (D.C. Cir. 1977). In that case, the district court
determined that several documents were privileged although the court of appeals found that the
government’s description of the documents gave “no indication as to the confidentiality of the
information on which they were based.” Id. at 254. The court of appeals, therefore, ordered that
the documents be remanded so that the Air Force could shield from disclosure, as privileged,
only those documents where the “information upon which they [were] based was supplied by the
Air Force [to counsel] with the expectation of secrecy and was not known or disclosed to any
third party . . . .” Id.
I have attached to this opinion two charts, which indicate my ruling as to each document.
As will be seen, I have ruled finally on certain documents, but only conditionally as to others.
As I will now explain, the necessity for such conditional rulings is because so many of the
documents are drafts that were exchanged either between two persons or among a group of
persons.
Whether or not a document styled a draft in a privilege log is privileged can be a
multifaceted and fact-bound determination. The transmittal of a communication from a client to
a lawyer with an express request for guidance presents the easy case: “Here is the draft
employment agreement I am going to ask my boss to sign. Let me know if it protects my legal
rights.” In other circumstances, the absence of an explicit request for advice may not doom the
claim of privilege, if the confidential nature of the communication can be discerned from what
2 the lawyer has said or done. For example, a red lined edited draft of the agreement from the
lawyer to the client may, in a certain context, itself permit the inference that the client sent the
draft to the lawyer expecting the lawyer to provide confidential guidance as to contents of the
documents. The process of the exchange may itself bespeak an intention by the client that her
transmittal of the draft be a confidential request for guidance.
On the other hand, and this is particularly true in a governmental situation, the lawyer
may be the chief draftsperson of a particular document which she then sends to her co-workers
for their views and thoughts. While their responses may qualify as communications to a lawyer
intended to be confidential, the lawyer’s draft, transmitted to them, does not yield any
confidential communication from them. In other words, from the lawyer’s draft, we learn only
that she wrote a draft and transmitted it to her clients. Thus, while there are circumstances where
even a draft might yield a secret, client communication (e.g. the draft of a will that provides for
an illegitimate child), the transmittal of drafts in this case does not. That the DOI lawyers and
other employees were in the process of drafting new rules and regulations in response to an order
in this case is hardly a secret. The privilege log itself indicates that such drafting was taking
place.
As a result of the nuanced distinctions I have just elucidated, and because of the obvious
deficiencies in the privilege log, I must make conditional rulings. For example, I cannot tell
from the names of the authors and recipients who are the attorneys and who are the clients. In
several instances, the email address indicates that the person sending or receiving the
electronically stored information is in the Solicitor’s office, and therefore appears to be an
attorney. In all other instances, however, I cannot ascertain from the log who is the lawyer and
who is the client. Furthermore, the log cannot possibly tell me what I need to know—whether
3 the document explicitly or implicitly reveals a communication from a client that was intended to
be confidential. Thus, in its current condition, the privilege log fails me in several particulars.
I will not, however, return to the obligation of reviewing the documents until the parties
consider whether the claims of privilege could be more quickly resolved by resorting to an
agreement pursuant to Rule 502(d) of the Federal Rules of Evidence.
Having reviewed more privilege logs and assertedly privileged documents than I care to
remember, I can state with certainty that the overwhelming majority of “privileged” documents
are insignificant, and their disclosure would never prejudice the party claiming the privilege or
place that party at any tactical disadvantage. Simply put, in my almost 15 years of being a
magistrate judge and my more than 40 years of practicing law, I am still waiting to see that
“smoking gun”–the privileged document that makes a substantial difference to whether a case is
won or lost. This case is no different. To date, I have not seen a single document in this case
that, if revealed, would harm the DOI’s position in this litigation.
Often, as may be true here, the assertion of the attorney-client and work product
privileges is usually and understandably self-protective, lest the failure to assert the privilege as
to one document be deemed a waiver of all documents that deal with the same subject matter.
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
EARTHWORKS, et al.,
Plaintiffs,
v. Civil Action No. 09-1972 (HHK/JMF)
U.S. DEPT. OF THE INTERIOR, et al.,
Defendants.
MEMORANDUM ORDER
There has been assigned to me the task of reviewing a large number of documents which
the Department of Interior (“DOI”) claims are protected by the attorney-client and, to a lesser
extent, the work product privileges.
The attorney-client privilege protects confidential communications made by a client to a
lawyer for the purpose of securing legal advice or services, 1 while the work product privilege
protects a lawyer’s mental processes while that lawyer is preparing for trial or working in
anticipation thereof. 2 The former is said to advance the crucial societal interest in clients being
candid with their lawyers, 3 while the latter advances the equally important value in zealous
advocacy. 4
Review of privilege logs often discloses that the person doing the log may not understand
the intricacies of the privileges being claimed. Perhaps the greatest deficiency is the failure to
appreciate that the attorney-client privilege does not operate to insulate from disclosure every
1 Banks v. Office of the Senate Sergeant at Arms, 236 F.R.D. 16, 19-20 (D.D.C. 2006). 2 Fed. R. Civ. P. 26(b)(3). 3 Upjohn Co. v. United States, 449 U.S. 383, 389 (1982). 4 Hickman v. Taylor, 329 U. S. 495, 510-11 (1947). possible communication between an attorney and client. It should be obvious that
communications from the attorney to client are not ipso facto protected. To the contrary, the
privilege operates to shield communications from an attorney to a client “only if that
communication is based on confidential information provided by the client.” Mead Data Cent. v.
U.S. Dep’t of the Air Force, 566 F.2d 242, 255 (D.C. Cir. 1977). In that case, the district court
determined that several documents were privileged although the court of appeals found that the
government’s description of the documents gave “no indication as to the confidentiality of the
information on which they were based.” Id. at 254. The court of appeals, therefore, ordered that
the documents be remanded so that the Air Force could shield from disclosure, as privileged,
only those documents where the “information upon which they [were] based was supplied by the
Air Force [to counsel] with the expectation of secrecy and was not known or disclosed to any
third party . . . .” Id.
I have attached to this opinion two charts, which indicate my ruling as to each document.
As will be seen, I have ruled finally on certain documents, but only conditionally as to others.
As I will now explain, the necessity for such conditional rulings is because so many of the
documents are drafts that were exchanged either between two persons or among a group of
persons.
Whether or not a document styled a draft in a privilege log is privileged can be a
multifaceted and fact-bound determination. The transmittal of a communication from a client to
a lawyer with an express request for guidance presents the easy case: “Here is the draft
employment agreement I am going to ask my boss to sign. Let me know if it protects my legal
rights.” In other circumstances, the absence of an explicit request for advice may not doom the
claim of privilege, if the confidential nature of the communication can be discerned from what
2 the lawyer has said or done. For example, a red lined edited draft of the agreement from the
lawyer to the client may, in a certain context, itself permit the inference that the client sent the
draft to the lawyer expecting the lawyer to provide confidential guidance as to contents of the
documents. The process of the exchange may itself bespeak an intention by the client that her
transmittal of the draft be a confidential request for guidance.
On the other hand, and this is particularly true in a governmental situation, the lawyer
may be the chief draftsperson of a particular document which she then sends to her co-workers
for their views and thoughts. While their responses may qualify as communications to a lawyer
intended to be confidential, the lawyer’s draft, transmitted to them, does not yield any
confidential communication from them. In other words, from the lawyer’s draft, we learn only
that she wrote a draft and transmitted it to her clients. Thus, while there are circumstances where
even a draft might yield a secret, client communication (e.g. the draft of a will that provides for
an illegitimate child), the transmittal of drafts in this case does not. That the DOI lawyers and
other employees were in the process of drafting new rules and regulations in response to an order
in this case is hardly a secret. The privilege log itself indicates that such drafting was taking
place.
As a result of the nuanced distinctions I have just elucidated, and because of the obvious
deficiencies in the privilege log, I must make conditional rulings. For example, I cannot tell
from the names of the authors and recipients who are the attorneys and who are the clients. In
several instances, the email address indicates that the person sending or receiving the
electronically stored information is in the Solicitor’s office, and therefore appears to be an
attorney. In all other instances, however, I cannot ascertain from the log who is the lawyer and
who is the client. Furthermore, the log cannot possibly tell me what I need to know—whether
3 the document explicitly or implicitly reveals a communication from a client that was intended to
be confidential. Thus, in its current condition, the privilege log fails me in several particulars.
I will not, however, return to the obligation of reviewing the documents until the parties
consider whether the claims of privilege could be more quickly resolved by resorting to an
agreement pursuant to Rule 502(d) of the Federal Rules of Evidence.
Having reviewed more privilege logs and assertedly privileged documents than I care to
remember, I can state with certainty that the overwhelming majority of “privileged” documents
are insignificant, and their disclosure would never prejudice the party claiming the privilege or
place that party at any tactical disadvantage. Simply put, in my almost 15 years of being a
magistrate judge and my more than 40 years of practicing law, I am still waiting to see that
“smoking gun”–the privileged document that makes a substantial difference to whether a case is
won or lost. This case is no different. To date, I have not seen a single document in this case
that, if revealed, would harm the DOI’s position in this litigation.
Often, as may be true here, the assertion of the attorney-client and work product
privileges is usually and understandably self-protective, lest the failure to assert the privilege as
to one document be deemed a waiver of all documents that deal with the same subject matter.
But, Rule 502(a) of the Federal Rules of Evidence abolishes this so-called subject matter waiver
and replaces it with a much more constricted principle that requires the disclosure of a second
document (or a larger amount of a single document) only when the second document deals with
the same subject matter as the disclosed document and the two documents “ought in fairness be
considered together.” Fed. R. Evid. 502(a).
Rule 502(b) provides further protection against an inadvertent disclosure by permitting
the disclosed document to be “clawed back” under certain circumstances.
4 Finally, Rule 502(d) permits the parties to enter into any agreement they see fit pertaining
to the privilege questions, and makes their agreement good against the world. Used creatively, it
can save the parties and the court great expense and burden. As to the latter, in these days of
finite resources, courts can no longer justify spending many hours resolving privilege claims,
document by document, when a party can achieve the protection it needs by use of Rule 502(d).
Thus, I will order DOI to meet with plaintiffs’ counsel to ascertain whether a 502(d) order could
not promptly resolve the outstanding privilege claims so the parties can once again focus on the
merits of the controversy. The DOI now has my views on its privilege assertions and can use
them to shape the agreement it needs. I also expect it to make a conscientious effort to de-
duplicate the remaining documents. As it is well aware, the same email or memorandum appears
again and again in the documents claimed to be privileged. I urge it to use a categorical
grouping of the remaining documents 5 so its discussions with plaintiffs can achieve the
efficiency that is needed.
I expect the parties to report to me within ten days from the date of this opinion on
whether they can forge such an agreement. If they cannot, I will then decide whether I will order
the DOI to prepare a revised privilege log or enter a Rule 502(d) order myself, sua sponte.
SO ORDERED. Digitally signed by John M. Facciola DN: c=US, st=DC, l=Washington, email=john_m._facciola@dcd.uscou rts.gov, o=United States District Court for the District of Columbia, cn=John M. Facciola _______________________________ 10:26:16 -04'00' ______________ __ _ __ Date: 2013.04.02 JOHN M. FACCIOLA UNITED STATES MAGISTRATE JUDGE
5 See John M. Facciola & Jonathan Redgrave, Asserting and Challenging Privilege Claims in Modern Litigation: The Facciola-Redgrave Framework, http://www.fclr.org/fclr/articles/html/2009/facciolaredgrave.pdf (last visited Mar. 29, 2013).
5 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Sledge, Queen Anderson, Bob M. Email regarding a Privileged - Denied; does not (proxy for Joel (Deputy Ass't Director, summary of the Attorney- dislcose a Yudson BLM); McNutt, Paul district court Client. commuication (Attorney, Div. (Economist, Solids, decision in the from a client of Mineral BLM); Schwartz, case of Mineral intended to be Resources) Michael (Group Policy Center v. confididential. It during period Manager, Regulatory Norton. is a report by an when the Affairs, BLM); Rabinoff, attorney on a Solicitor's Alan (Chief, Solid decided case. Office could Minerals Branch, Utah not receive State Office, BLM); emails from Hankins, Helen (District FMV 1 FMV 2 FMV 3 11/19/2003 outside the Manager, Elko District, Solicitor's Nevada, BLM); Haight, Office) Scott (Assoc. Field Manager, Lewistown Field Office, Montana, BLM); Lonnie, Thomas (Ass't Director, BLM)
1 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Schwartz, Hudson, Ted Email regarding a Privileged - Denied; does not Michael (Regulatory Analyst, summary of the Attorney- disclose a (Group Regulatory Affairs, district court Client. commuication Manager, BLM) decision in the from a client FMV Regulatory case of Mineral intended to be FMV 49 FMV 51 12/1/2003 50 Affairs, BLM) Policy Center v. confididential. It Norton. is a report by an attorney on a decided case. Hudson, Ted Schwartz, Michael Email regarding a Privileged - Denied in part. (Regulatory (Group Manager, summary of the 43 Attorney- Granted in part. Analyst, Regulatory Affairs, C.F.R. 3809 Client. Highlighted area Regulatory BLM) meeting discussing is discussion Affairs, BLM) the effects of the among lawyer FMV courts decision. and client that FMV 97 12/19/2003 would tend to 97 disclose communication intended to be confidential.
2 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Clarke, Kathleen Memorandum Privileged - Denied in part. (Regulatory (Director, BLM) regarding the Attorney- Granted in part. Analyst, proper response to Client. Highlighted area Regulatory the decision in is discussion Affairs, BLM) Mineral Policy among lawyer FMV (through Center v. Norton and client that FMV 99 1/9/2004 Lonnie, under 43 C.F.R. would tend to 100 Thomas (Ass't 3809. disclose Director, communication BLM)) intended to be confidential.
Hudson, Ted Clarke, Kathleen Memorandum Privileged - Appears to be the (Regulatory (Director, BLM) regarding the Attorney- same document Analyst, proper response to Client. as the preceding Regulatory the decision in one. Affairs, BLM); Mineral Policy Schwartz, Center v. Norton Michael under 43 C.F.R. (Group 3809. FMV Manager, FMV 102 1/16/2004 Regulatory 103 Affairs, BLM) (through Lonnie, Thomas (Ass't Director, BLM))
3 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Clarke, Kathleen Draft Privileged - Denied in part. (Acting Chief, (Director, BLM) Memorandum Attorney- Granted in part. Regulatory regarding the Client Highlighted area Affairs, BLM) Departments is discussion (through response to the among lawyer FMV Lonnie, Mineral Policy and client that FMV 105 1/16/2004 Thomas (Ass't Center decision, would tend to 106 Director, including advice disclose BLM)) from the Office of communication the Solicitor. intended to be confidential.
Hudson, Ted Clarke, Kathleen Draft Privileged - Early edited (Regulatory (Director, BLM) Memorandum Attorney- edition of same Analyst, regarding the Client. document as 105. Regulatory proper response to Affairs, BLM) the decision in FMV (through Mineral Policy FMV 108 1/16/2004 109 Lonnie, Center v. Norton Thomas (Ass't under 43 C.F.R. Director, 3809. BLM))
4 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Schwartz, Clarke, Kathleen Memorandum Privileged - Denied in part. Michael (Director, BLM) regarding the Attorney- Granted in part. (Group proper response to Client. Highlighted area Manager, the decision in is discussion Regulatory Mineral Policy among lawyer Affairs, BLM); Center v. Norton and client that Hudson, Ted under 43 C.F.R. would tend to (Regulatory 3809. disclose FMV Analyst, communication FMV 111 2/4/2004 Regulatory intended to be 113 Affairs, BLM) confidential. (through Lonnie, Thomas (Ass't Director, BLM))
5 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Sierra, Selma Clarke, Kathleen Memorandum Privileged - Denied in part. (Ass't (Director, BLM) regarding the Attorney- Granted in part. Director, BLM) proper response to Client. Highlighted area (Lonnie, the decision in is discussion Thomas (Ass't Mineral Policy among lawyer Director, Center v. Norton and client that BLM)); under 43 C.F.R. would tend to Hudson, Ted 3809. disclose (Regulatory communication Analyst, intended to be FMV Regulatory confidential. FMV 115 2/4/2004 117 Affairs, BLM); Schwartz, Michael (Group Manager, Regulatory Affairs, BLM)
6 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Sierra, Selma Clarke, Kathleen Memorandum Privileged - Another copy of (Ass't (Director, BLM) regarding the Attorney- the same Director, BLM) proper response to Client. document as FMV (through the decision in 97. Lonnie, Mineral Policy Thomas (Ass't Center v. Norton Director, under 43 C.F.R. BLM)); 3809. Hudson, Ted (Regulatory Analyst, FMV FMV 119 2/4/2004 Regulatory 121 Affairs, BLM); Schwartz, Michael (Group Manager, Regulatory Affairs, BLM)
7 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Regulatory Draft ANPR Document Sustained-- Affairs, BLM concerning redacted; not irrelevant proposed related to this amendments to rulemaking. the grazing FMV administration FMV 128 1/14/2003 137 regulations and announcement of public meetings under 43 C.F.R. 4100.
8 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - This is the draft of (Assoc. Field 43 C.F.R. 3809. Attorney- a proposed Manager, Client. regulation and Lewistown does not disclose Field Office, in any way a Montana, confidential BLM); Hudson, communciation Ted (Acting from a client to Chief, an attorney Regulatory because there is Affairs, BLM) no indication FMV FMV 140 4/6/2005 whether the 154 author sought a lawyer's review of what the client had drafted. Denied unless supplemented to identify author.
9 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Same ruling as (Assoc. Field 43 C.F.R. 3809. Attorney- preceeding entry. Manager, Client Lewistown Field Office, FMV Montana, FMV 156 3/10/2005 BLM); Hudson, 170 Ted (Acting Chief, Regulatory Affairs, BLM)
Haight, Scott Draft Advance Privileged - Same ruling as (Assoc. Field Notice of Proposed Attorney- preceeding entry. Manager, Rule Making for Client. Lewistown Proposed Field Office, Amendments to Montana, the BLM Surface FMV BLM) Management FMV 172 Undated Regulations for 186 Operations Authorized by the Mining Laws under 43 C.F.R. 3809.
10 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Haight, Scott (Assoc. Email regarding Privileged - Denied (Acting Chief, Field Manager, completion of Attorney- conditionally Regulatory Lewistown Field Office, preliminary review Client. unless DOI FMV Affairs, BLM) Montana, BLM) of ANPR under 43 indicates that FMV 192 4/19/2005 C.F.R. 3809. Hudson is a client 192 and Haight is a lawyer.
Hudson, Ted Haight, Scott (Assoc. Email regarding Privileged - Same ruling as (Acting Chief, Field Manager, proposed revisions Attorney- preceeding entry. FMV Regulatory Lewistown Field Office, to draft Federal Client FMV 194 FMV 195 5/23/2005 Affairs, BLM) Montana, BLM) Register notice for 194 FMV rule.
Hudson, Ted Draft ANPR under Privileged - Appears to be the (Acting Chief, 43 C.F.R. 3809. Attorney- same document Regulatory Client or similar to FMV Affairs, BLM); 140, 156 and 172. Haight, Scott Same ruling. (Assoc. Field Denied unless FMV Manager, supplemented to FMV 195 4/13/2005 210 Lewistown identify author. Field Office, Montana, BLM)
11 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Same ruling as (Assoc. Field 43 C.F.R. 3809. Attorney- preceeding entry. Manager, Client. Lewistown Field Office, FMV Montana, FMV 211 6/2/2005 BLM); Hudson, 222 Ted (Acting Chief, Regulatory Affairs, BLM)
Haight, Scott Draft ANPR under Privileged - Same ruling as (Assoc. Field 43 C.F.R. 3809. Attorney- preceeding entry. Manager, Client. Lewistown Field Office, FMV Montana, FMV 240 8/9/2005 BLM); Hudson, 249 Ted (Acting Chief, Regulatory Affairs, BLM)
12 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Same ruling as (Assoc. Field 43 C.F.R. 3809. Attorney- preceeding entry. Manager, Client. Lewistown Field Office, FMV Montana, FMV 250 8/11/2005 BLM); Hudson, 257 Ted (Acting Chief, Regulatory Affairs, BLM)
Haight, Scott Draft ANPR under Privileged - Same ruling as (Assoc. Field 43 C.F.R. 3809. Attorney- preceeding entry. Manager, Client Lewistown Field Office, FMV Montana, FMV 259 8/10/2005 BLM); Hudson, 266 Ted (Acting Chief, Regulatory Affairs, BLM)
13 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Document Privileged - Denied (Acting Chief, regarding Attorney- conditionally Regulatory proposed revisions Client. unless DOI shows Affairs, BLM) to options to that author is a address remand in client and FMV Mineral Policy transmitted the FMV 275 1/26/2006 277 Center v. Norton. draft to a lawyer for review or comment.
Haight, Scott Draft options Privileged - Same ruling as (Assoc. Field paper regarding Attorney- preceeding entry. Manager, the Mineral Policy Client FMV Lewistown Center case FMV 279 1/25/2006 281 Field Office, remand. Montana, BLM) Haight, Scott Draft options Privileged - Same ruling as (Assoc. Field paper regarding Attorney- preceeding entry. Manager, the Mineral Policy Client Lewistown Center case Field Office, remand. FMV Montana, FMV 284 1/31/2006 BLM); Hudson, 286 Ted (Acting Chief, Regulatory Affairs, BLM)
14 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft options Privileged - Same ruling as (Assoc. Field paper regarding Attorney- preceeding entry. Manager, the Mineral Policy Client. FMV Lewistown Center case FMV 288 2/7/2006 291 Field Office, remand. Montana, BLM) Haight, Scott Anderson, Bob M. Sledge, Draft Privileged - Same ruling as (Assoc. Field (Deputy Ass't Director, Queen memorandum Attorney- preceeding entry. Manager, BLM); Leverette, (proxy for regarding options Client Lewistown Mitchell (Deputy Joel Yudson to address the Field Office, Division Chief, Solids, (Attorney, remand in Mineral Montana, BLM); Murphy, Ted A. Div. of Policy Center BLM) (Group Manager, Solids, Mineral versus Norton BLM); Hudson, Ted Resources) concerning 43 (Acting Chief, during C.F.R. 3809. Regulatory Affairs, period when FMV BLM) the FMV 293 Undated 296 Solicitor's Office could not receive emails from outside the Solicitor's Office)
15 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Anderson, Bob M. Sledge, Email regarding Privileged - Denied (Assoc. Field (Deputy Ass't Director, Queen proposed revisions Attorney- conditionally Manager, BLM); Leverette, (proxy for to options paper Client unless DOI Lewistown Mitchell (Deputy Joel Yudson addressing remand identifies which Field Office, Division Chief, Solids, (Attorney, in Mineral Policy recipient, if any, is Montana, BLM); Murphy, Ted A. Div. of Center v. Norton. a lawyer and that BLM) (Group Manager, Solids, Mineral Haight was BLM); Hudson, Ted Resources) seeking his or her (Acting Chief, during legal guidance or Regulatory Affairs, period when advice. FMV000 FMV00 FMV0002 BLM) the 2/7/2006 297 0297 98 Solicitor's Office could not receive emails from outside the Solicitor's Office)
Haight, Scott Draft options Privileged - Denied (Assoc. Field paper regarding Attorney- conditionally Manager, the Mineral Policy Client unless DOI shows Lewistown Center case that author is a Field Office, remand. client and FMV Montana, transmitted the FMV 298 1/25/2006 301 BLM) draft to a lawyer for review or comment.
16 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft options Privileged - Denied (Assoc. Field paper regarding Attorney- conditionally Manager, the Mineral Policy Client. unless DOI shows Lewistown Center case that author is a Field Office, remand. client and FMV Montana, transmitted the FMV 302 2/15/2006 305 BLM) draft to a lawyer for review or comment.
Haight, Scott Draft options Privileged - Denied (Assoc. Field paper regarding Attorney- conditionally Manager, the Mineral Policy Client. unless DOI shows Lewistown Center case that author is a Field Office, remand. client and FMV Montana, transmitted the FMV 307 3/28/2006 310 BLM) draft to a lawyer for review or comment.
17 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft document Privileged - Denied (Assoc. Field regarding Attorney- conditionally Manager, proposed revisions Client. unless DOI shows Lewistown to multiple that author is a Field Office, sections under 43 client and FMV Montana, C.F.R. 3809 transmitted the FMV 312 3/28/2006 BLM) concerning mineral draft to a lawyer 313 examination and for review or mining operations. comment.
Haight, Scott Draft Privileged - Same ruling as (Assoc. Field memorandum Attorney- previous entry. Manager, regarding options Client FMV Lewistown to address remand FMV 314 3/28/2006 Field Office, in Mineral Policy 317 Montana, Center v. Norton. BLM)
Haight, Scott Draft Proposed Privileged - Denied (Assoc. Field Rule under 43 Attorney- conditionally Manager, C.F.R. 3809. Client. unless DOI shows Lewistown that author is a Field Office, client and FMV Montana, transmitted the FMV 318 5/1/2006 BLM); Hudson, draft to a lawyer 325 Ted (Acting for review or Chief, comment. Regulatory Affairs, BLM)
18 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Proposed Privileged - Denied (Assoc. Field Rule under 43 Attorney- conditionally Manager, C.F.R. 3809. Client. unless DOI shows Lewistown that author is a Field Office, client and FMV Montana, transmitted the FMV 327 4/27/2006 BLM); Hudson, draft to a lawyer 334 Ted (Acting for review or Chief, comment. Regulatory Affairs, BLM)
Haight, Scott Draft Proposed Privileged - Denied (Assoc. Field Rule under 43 Attorney- conditionally Manager, C.F.R. 3809. Client. unless DOI shows Lewistown that author is a Field Office, client and FMV Montana, transmitted the FMV 349 5/2/2006 BLM); Hudson, draft to a lawyer 379 Ted (Acting for review or Chief, comment. Regulatory Affairs, BLM)
19 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Proposed Privileged - Denied (Assoc. Field Rule under 43 Attorney- conditionally Manager, C.F.R. 3809. Client. unless DOI shows Lewistown that author is a Field Office, client and FMV Montana, transmitted the FMV 380 5/2/2006 BLM); Hudson, draft to a lawyer 414 Ted (Acting for review or Chief, comment. Regulatory Affairs, BLM)
Hawbecker, Draft Information Privileged - Denied Karen (Ass't Memorandum Attorney- conditionally Solicitor, Div. regarding BLM Client unless DOI shows of Mineral response to the that author is a Resources); District Court client and Briggs, Vickie remand of the transmitted the FMV000 FMV00 (Public Affairs 3809 surface draft to a lawyer 1/5/2007 427 0430 Specialist, management for review or BLM) regulations in comment. Mineral Policy Center v. Norton.
20 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Proposed Privileged - Denied (Assoc. Field Rule amending the Attorney- conditionally Manager, BLM surface Client unless DOI shows Lewistown Management that author is a Field Office, Regulations for client and FMV Montana, Operations transmitted the FMV 432 5/2/2006 439 BLM) Authorized by the draft to a lawyer Mining Laws under for review or 43 C.F.R. 3809. comment.
21 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Anderson, Bob M. Draft Proposed Privileged - Denied (Assoc. Field (Deputy Ass't Director, Rule amending the Attorney- conditionally Manager, BLM); Murphy, Ted A. BLM Surface Client unless DOI shows Lewistown (Group Manager, Solids, Management that author is a Field Office, BLM); Leverette, Regulations for client and Montana, Mitchell (Deputy Operations transmitted the BLM) Division Chief, Solids, Authorized by the draft to a lawyer BLM); Murrellwright, Mining Laws under for review or Thomas (Physical 43 C.F.R. 3809. comment. Scientist, BLM); Hudson, Ted (Acting Chief, Regulatory FMV Affairs, BLM); Sledge, FMV 440 Undated 447 Queen (proxy for Joel Yudson (Attorney, Div. of Mineral Resources) during period when the Solicitor's Office could not receive emails from outside the Solicitor's Office)
22 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Proposed Privileged - Denied (Assoc. Field Rule under 43 Attorney- conditionally Manager, C.F.R. 3809. Client. unless DOI shows Lewistown that author is a Field Office, client and FMV Montana, transmitted the FMV 449 5/2/2006 BLM); Hudson, draft to a lawyer 456 Ted (Acting for review or Chief, comment. Regulatory Affairs, BLM)
Haight, Scott Draft Proposed Privileged - Denied (Assoc. Field Rule under 43 Attorney- conditionally Manager, C.F.R. 3809. Client. unless DOI shows Lewistown that author is a Field Office, client and FMV Montana, transmitted the FMV 475 5/8/2006 BLM); Hudson, draft to a lawyer 482 Ted (Acting for review or Chief, comment Regulatory Affairs, BLM)
23 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Proposed Privileged - Denied (Assoc. Field Rule under 43 Attorney- conditionally Manager, C.F.R. 3809. Client unless DOI shows Lewistown that author is a Field Office, client and FMV Montana, transmitted the FMV 484 5/8/2006 BLM); Hudson, draft to a lawyer 491 Ted (Acting for review or Chief, comment Regulatory Affairs, BLM)
Hudson, Ted Draft Proposed Privileged - Denied (Acting Chief, Rule under 43 Attorney- conditionally Regulatory C.F.R. 3809. Client unless DOI shows Affairs, BLM); that author is a Haight, Scott client and (Assoc. Field transmitted the FMV Manager, draft to a lawyer FMV 493 5/2/2006 527 Lewistown for review or Field Office, comment Montana, BLM)
24 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Proposed Privileged - Denied (Assoc. Field Rule under 43 Attorney- conditionally Manager, C.F.R. 3809. Client. unless DOI shows Lewistown that author is a Field Office, client and FMV Montana, transmitted the FMV 530 8/8/2006 BLM); Hudson, draft to a lawyer 560 Ted (Acting for review or Chief, comment. Regulatory Affairs, BLM)
Haight, Scott Draft Proposed Privileged - Denied (Assoc. Field Rule under 43 Attorney- conditionally Manager, C.F.R. 3809. Client. unless DOI shows Lewistown that author is a Field Office, client and FMV Montana, transmitted the FMV 572 9/19/2006 BLM); Hudson, draft to a lawyer 608 Ted (Acting for review or Chief, comment. Regulatory Affairs, BLM)
25 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Proposed Privileged - Denied (Assoc. Field Rule under 43 Attorney- conditionally Manager, C.F.R. 3809. Client unless DOI shows Lewistown that author is a Field Office, client and FMV Montana, transmitted the FMV 610 9/20/2006 BLM); Hudson, draft to a lawyer 626 Ted (Acting for review or Chief, comment. Regulatory Affairs, BLM)
Haight, Scott Draft Notice of Privileged - Denied (Assoc. Field Inquiry under 43 Attorney- conditionally Manager, C.F.R. 3809. Client. unless DOI shows Lewistown that author is a Field Office, client and FMV Montana, transmitted the FMV 627 9/27/2006 BLM); Hudson, draft to a lawyer 652 Ted (Acting for review or Chief, comment. Regulatory Affairs, BLM)
26 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Notice of Privileged - Denied (Assoc. Field Inquiry under 43 Attorney- conditionally Manager, C.F.R. 3809. Client. unless DOI shows Lewistown that author is a Field Office, client and FMV Montana, transmitted the FMV 667 9/28/2006 BLM); Hudson, draft to a lawyer 680 Ted (Acting for review or Chief, comment. Regulatory Affairs, BLM)
Haight, Scott Draft Notice of Privileged - Denied (Assoc. Field Inquiry under 43 Attorney- conditionally Manager, C.F.R. 3809. Client. unless DOI shows Lewistown that author is a Field Office, client and FMV Montana, transmitted the FMV 682 9/28/2006 BLM); Hudson, draft to a lawyer 695 Ted (Acting for review or Chief, comment. Regulatory Affairs, BLM)
27 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Notice of Privileged - Denied (Assoc. Field Inquiry under 43 Attorney- conditionally Manager, C.F.R. 3809. Client. unless DOI shows Lewistown that author is a Field Office, client and FMV Montana, transmitted the FMV 696 10/2/2006 BLM); Hudson, draft to a lawyer 709 Ted (Acting for review or Chief, comment. Regulatory Affairs, BLM)
Hawbecker, Harris, James (Assoc. Yudson, Joel Email regarding Privileged - Denied Karen (Ass't Solicitor, Div. of Mineral (Attorney, draft federal Attorney- conditionally Solicitor, Div. Resources) Div. of register notice Client; unless DOI shows of Mineral Mineral addressing Fair Attorney Work that author is a Resources) Resources) Market Value rule. Product client and FMV transmitted the FMV 710 FMV 711 10/2/2006 710 draft to a lawyer for review or comment.
28 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Notice of Privileged - Denied (Assoc. Field Inquiry under 43 Attorney- conditionally as Manager, C.F.R. 3809. Client; to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product DOI shows that Montana, author is a client BLM); Hudson, and transmitted Ted (Acting the draft to a Chief, lawyer for review FMV Regulatory or comment. FMV 711 10/2/2006 724 Affairs, BLM); Decision as to Hawbecker, Work Product Karen (Ass't held in abeyance. Solicitor, Div. of Mineral Resources)
29 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer Ted (Acting for review or Chief, comment. FMV Regulatory FMV 725 10/3/2006 739 Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources)
Hawbecker, Yudson, Joel (Attorney, Email regarding Privileged - Denied Karen (Ass't Div. of Mineral proposed revisions Attorney- conditionally Solicitor, Div. Resources) to FMV rule. Client; unless DOI shows of Mineral Attorney Work that author is Resources) Product client and FMV transmitted the FMV 740 FMV 741 10/3/2006 740 draft to a lawyer for review or comment.
30 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Notice of Privileged - Denied (Assoc. Field Inquiry under 43 Attorney- conditionally as Manager, C.F.R. 3809. Client; to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product DOI shows that Montana, author is a client BLM); Hudson, and transmitted Ted (Acting the draft to a Chief, lawyer for review FMV Regulatory or comment. FMV 741 10/3/2006 754 Affairs, BLM); Decision as to Hawbecker, Work Product Karen (Ass't held in abeyance. Solicitor, Div. of Mineral Resources)
Hawbecker, Draft Notice of Privileged - Denied Karen (Ass't Inquiry under 43 Attorney- conditionally Solicitor, Div. C.F.R. 3809. Client unless DOI shows of Mineral that author is a FMV Resources) client and FMV 756 10/3/2006 769 transmitted the draft to a lawyer for review or comment.
31 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Hudson, Ted (Acting Anderson, Email regarding Non-privileged No claim of Karen (Ass't Chief, Regulatory Bob M. proposed revisions - to be privilege. Solicitor, Div. Affairs, BLM) (Deputy Ass't to draft notice of released of Mineral Director, the Fair Market Resources) BLM); Value Rule. Haskins, Roger (Senior Specialist, Mining Law FMV Adjudication, FMV 770 10/3/2006 770 BLM); Murphy, Ted A. (Group Manager, Solids, BLM); Haight, Scott (Assoc. Field Manager, Montana, BLM)
Hawbecker, Anderson, Bob M. Email regarding Privileged - Denied; does not Karen (Ass't (Deputy Ass't Director, draft of FMV Attorney- disclose a Solicitor, Div. BLM); Murphy, Ted A. notice. Client. communication of Mineral (Group Manager, Solids, from a client Resources) BLM); Haskins, Roger intended to be FMV FMV 771 FMV 772 10/3/2006 (Senior Specialist, confidential. 771 Mining Law Adjudication, BLM); Hudson, Ted (Acting Chief, Regulatory Affairs, BLM)
32 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Notice of Privileged - Denied (Assoc. Field Inquiry under 43 Attorney- conditionally Manager, C.F.R. 3809. Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV Ted (Acting for review or FMV 772 10/3/2006 785 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources)
33 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Anderson, Bob M. Hawbecker, Email regarding Privileged - Sustained. (Assoc. Field (Deputy Ass't Director, Karen (Ass't proposed revisions Attorney- Manager, BLM) Solicitor, Div. to regulations Client. Lewistown of Mineral concerning notice Field Office, Resources); of the Fair Market Montana, Loomas, Value Rule. BLM) Michael (Roseburg District Office, Oregon, BLM); FMV Haskins, FMV 786 10/4/2006 789 Roger (Senior Specialist, Mining Law Adjud., BLM); Hudson, Ted (A.C., Reg. Aff., BLM); Murphy, Ted A. (Gr. Mgr., BLM)
34 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Anderson, Bob Hudson, Ted (Acting Hawbecker, Email regarding Privileged - Sustained. M. (Deputy Chief, Regulatory Karen (Ass't proposed revisions Attorney- Ass't Director, Affairs, BLM) Solicitor, Div. to regulations Client. BLM) of Mineral concerning notice Resources); of the Fair Market Haskins, Value Rule. Roger (Senior Specialist, Mining Law Adjudication, BLM); FMV FMV 790 10/4/2006 Haight, Scott 792 (Assoc. Field Manager, Montana, BLM); Murphy, Ted A. (Gr. Mgr., BLM); Loomas, Michael (Oregon, BLM)
35 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Hawbecker, Karen Anderson, Email regarding Privileged - Sustained. (Acting Chief, (Ass't Solicitor, Div. of Bob M. proposed revisions Attorney- Regulatory Mineral Resources) (Deputy Ass't to regulations Client. Affairs, BLM) Director, concerning draft BLM); notice of the Fair Haskins, Market Value Rule. Roger (Senior Specialist, Mining Law Adjudication, FMV FMV 793 10/4/2006 BLM); 794 Haight, Scott (Assoc. Field Manager, Lewistown Field Office, Montana, BLM); Murphy, Ted A. (Gr. Mgr., BLM)
36 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Haight, Scott (Assoc. Anderson, Email regarding Privileged - Same ruling as (Acting Chief, Field Manager, Bob M. proposed revisions Attorney- preceeding entry. Regulatory Lewistown Field Office, (Deputy Ass't to draft notice of Client. Affairs, BLM) Montana, BLM) Director, the Fair Market BLM); Value Rule. Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources); Loomas, Michael FMV FMV 795 FMV 798 10/5/2006 (Roseburg 797 District Office, Oregon, BLM); Haskins, Roger (Sr. Spec., BLM); Murphy, Ted A. (Gr. Mgr., BLM)
37 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Draft ANPR under Privileged - Denied (Acting Chief, 43 C.F.R. 3809. Attorney- conditionally Regulatory Client. unless DOI shows Affairs, BLM); that author is a Haight, Scott client and (Assoc. Field transmitted the Manager, draft to a lawyer FMV Lewistown for review or FMV 798 10/3/2006 812 Field Office, comment. Montana, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources)
38 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Hudson, Ted (Acting Anderson, Email regarding Privileged - Denied (Assoc. Field Chief, Regulatory Bob M. proposed revisions Attorney- conditionally until Manager, Affairs, BLM) (Deputy Ass't draft notice of the Client. DOI identifies the Lewistown Director, Fair Market Value author as a client Field Office, BLM); Rule. seeking legal Montana, Hawbecker, guidance or BLM) Karen (Ass't advice from a Solicitor, Div. lawyer. of Mineral Resources); Loomas, Michael (Roseburg FMV FMV 813 FMV 819 10/6/2006 District 818 Office, Oregon, BLM); Haskins, Roger (Senior Specialist, BLM); Murphy, Ted A. (Gr. Mgr., BLM)
39 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV Ted (Acting for review or FMV 819 10/3/2006 833 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources) Hawbecker, Yudson, Joel (Attorney, Email regarding Privileged - Denied. Karen (Ass't Div. of Mineral proposed revisions Attorney- Transmittal of Solicitor, Div. Resources) to fair market Client; draft. Does not of Mineral value notice. Attorney Work disclose Resources) Product communication from client FMV intended to be FMV 834 FMV 835 10/20/2006 834 confidential nor the mental impressions, conclusions, opinions, or legal theories of a lawyer.
40 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client; unless DOI shows Lewistown Attorney Work that author is a Field Office, Product client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV Ted (Acting for review or FMV 835 10/20/2006 849 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources) Hawbecker, Yudson, Joel (Attorney, Email regarding Privileged - Denied. Karen (Ass't Div. of Mineral proposed revisions Attorney- Transmittal of Solicitor, Div. Resources) to fair market Client; draft. Does not of Mineral value notice. Attorney Work disclose Resources) Product communication from client FMV intended to be FMV 850 FMV 851 10/20/2006 850 confidential nor the mental impressions, conclusions, opinions, or legal theories of a lawyer.
41 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client; unless DOI shows Lewistown Attorney Work that author is a Field Office, Product client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV Ted (Acting for review or FMV 851 10/20/2006 865 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources) Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client; unless DOI shows Lewistown Attorney Work that author is a Field Office, Product. client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV Ted (Acting for review or FMV 866 10/23/2006 882 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources)
42 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client; unless DOI shows Lewistown Attorney Work that author is a Field Office, Product. client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV Ted (Acting for review or FMV 883 10/23/2006 899 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources) Harris, James Hawbecker, Karen Email regarding Privileged - Denied. (Assoc. (Ass't Solicitor, Div. of comments to Fair Attorney- Transmittal of Solicitor, Div. Mineral Resources); Market Value rule. Client; draft. Does not of Mineral Yudson, Joel (Attorney, Attorney Work disclose Resources) Div. of Mineral Product. communication Resources) from client FMV intended to be FMV 900 FMV 901 10/24/2006 900 confidential nor the mental impressions, conclusions, opinions, or legal theories of a lawyer.
43 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client; unless DOI shows Lewistown Attorney Work that author is a Field Office, Product. client and Montana, transmitted the BLM); Hudson, draft to a lawyer Ted (Acting for review or Chief, comment. Regulatory FMV FMV 901 10/23/2006 Affairs, BLM); 917 Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources); Harris, James (Assoc. Solicitor, Div. of Mineral Resources)
44 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Harris, James (Assoc. Yudson, Joel Email regarding Denied. Privileged - Karen (Ass't Solicitor, Div. of Mineral (Attorney, draft FMV notice. Attorney- Transmittal of Solicitor, Div. Resources) Div. of Client; draft. Does not of Mineral Mineral disclose Attorney Work Resources) Resources) Product. communication from client intended to be FMV confidential nor FMV 918 FMV 919 10/24/2006 918 the mental impressions, conclusions, opinions, or legal theories of a lawyer, except for a trivial comment. Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client; unless DOI shows Lewistown Attorney Work that author is a Field Office, Product. client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV Ted (Acting for review or FMV 919 10/23/2006 934 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources)
45 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Harris, James Hawbecker, Karen Email regarding Privileged -Denied. (Assoc. (Ass't Solicitor, Div. of proposed revisions Attorney- Transmittal of Solicitor, Div. Mineral Resources) to FMV notice. Client; draft. Does not of Mineral disclose Attorney Work Resources) Product communication from client intended to be FMV FMV 937; confidential nor FMV 935 10/24/2006 936 FMV 954 the mental impressions, conclusions, opinions, or legal theories of a lawyer, except for a trivial comment. Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client; unless DOI shows Lewistown Attorney Work that author is a Field Office, Product client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV Ted (Acting for review or FMV 937 10/23/2006 953 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources)
46 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client; unless DOI shows Lewistown Attorney Work that author is a Field Office, Product client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV Ted (Acting for review or FMV 954 10/23/2006 970 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources) Hawbecker, Harris, James (Assoc. Yudson, Joel Email regarding Privileged - Denied. Karen (Ass't Solicitor, Div. of Mineral (Attorney, proposed revisions Attorney- Transmittal of Solicitor, Div. Resources) Div. of to FMV rule. Client; draft. Does not of Mineral Mineral Attorney Work disclose Resources) Resources) Product communication from client intended to be FMV FMV 972; confidential nor FMV 971 10/24/2006 971 FMV 989 the mental impressions, conclusions, opinions, or legal theories of a lawyer, except for a trivial comment.
47 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client; unless DOI shows Lewistown Attorney Work that author is a Field Office, Product client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV Ted (Acting for review or FMV 972 10/23/2006 988 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources) Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client; unless DOI shows Lewistown Attorney Work that author is a Field Office, Product client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV Ted (Acting for review or FMV 989 10/23/2006 1005 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources)
48 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Hudson, Ted (Acting Email regarding Privileged - Denied. Karen (Ass't Chief, Regulatory proposed revisions Attorney- Transmittal of Solicitor, Div. Affairs, BLM); to notice of the Client. draft. Does not of Mineral Leverette, Mitchell Fair Market Value disclose Resources) (Deputy Division Chief, Rule. communication Solids, BLM); Murphy, from client Ted A. (Group Manager, intended to be Solids, BLM); Haskins, confidential nor, FMV FMV FMV 10/25/2006 Roger (Senior Specialist, except for the 1006 1006 1007 Mining Law highlighted Adjudication, BLM) section, the mental impressions, conclusions, opinions, or legal theories of a lawyer. Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or 10/23/2006 1007 1023 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources)
49 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Hawbecker, Karen Yudson, Joel Email regarding Privileged - Sustained. (Assoc. Field (Ass't Solicitor, Div. of (Atty., Div. of proposed revisions Attorney- Manager, Mineral Resources) Min. Res.); to fair market Client. Lewistown Leverette, value rule notice. Field Office, Mitchell Montana, (Dep. Div. BLM) Chief, Solids, BLM); Haskins, Roger (Sr. FMV FMV FMV 11/3/2006 Spec., BLM); 1024 1029 1030 Hudson, Ted (Acting Chief, Regulatory Affairs, BLM); Murphy, Ted A. (Gr. Mgr., Solids, BLM)
50 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or 11/2/2006 1030 1046 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources)
51 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Leverette, Haight, Scott (Assoc. Yudson, Joel Email regarding Privileged - Denied Mitchell Field Manager, (Atty., Div. of proposed revisions Attorney- conditionally (Deputy Lewistown Field Office, Min. Res.); to fair market Client. unless DOI shows Division Chief, Montana, BLM) Hawbecker, value rule notice. that author is a Solids, BLM) Karen (Ass't client and Solicitor, Div. transmitted the of Mineral draft to a lawyer Resources); for review or Haskins, comment. Roger (Senior FMV FMV FMV Specialist, 11/3/2006 1047 1052 1053 Mining Law Adjudication, BLM); Hudson, Ted (Act. Chief, Reg. Aff., BLM); Murphy, Ted A. (Gr. Mgr., Solids, BLM)
52 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or 11/2/2006 1053 1069 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources)
53 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Haight, Scott (Assoc. Yudson, Joel Email regarding Privileged - Sustained. Karen (Ass't Field Manager, (Atty., Div. of proposed revisions Attorney- Solicitor, Div. Lewistown Field Office, Min. Res.); to the fair market Client. of Mineral Montana, BLM) Leverette, value notice. Resources) Mitchell (Dep. Div. Chief, Solids, BLM); Haskins, Roger (Sr. FMV FMV FMV Spec., Mining 11/3/2006 1070 1074 1075 Law Adjudication, BLM); Hudson, Ted (Acting Chief, Reg. Aff., BLM); Murphy, Ted A. (Gr. Mgr., Solids, BLM)
54 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or 11/2/2006 1075 1091 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources)
55 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Leverette, Mitchell Yudson, Joel Email regarding Privileged - Denied (Assoc. Field (Deputy Division Chief, (Atty., Div. of proposed revisions Attorney- conditionally Manager, Solids, BLM) Mineral to fair market Client. unless DOI shows Lewistown Resources); value notice. that author is a Field Office, Hawbecker, client and Montana, Karen (Ass't transmitted the BLM) Solicitor, Div. draft to a lawyer of Min. Res.); for review or Haskins, comment. Roger (Sr. Spec., Mining FMV FMV FMV Law 11/3/2006 1092 1098 1099 Adjudication, BLM); Hudson, Ted (Acting Chief, Regulatory Affairs, BLM); Murphy, Ted A. (Gr. Mgr., Solids, BLM)
56 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or 11/2/2006 1099 1115 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources) Hawbecker, Yudson, Joel (Attorney, Email regarding Privileged - Sustained Karen (Ass't Div. of Mineral proposed revisions Attorney- because one or Solicitor, Div. Resources); Harris, to invalidly claimed Client. more recipients is FMV FMV FMV 11/7/2006 of Mineral James (Assoc. Solicitor, sections of notice a lawyer. 1116 1116 1117 Resources) Div. of Mineral of Fair Market Resources) Value Rule.
57 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or 11/23/2006 1117 1133 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources)
58 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Haight, Scott (Assoc. Yudson, Joel Email regarding Privileged - Denied (Acting Chief, Field Manager, (Attorney, proposed revisions Attorney- conditionally Regulatory Lewistown Field Office, Div. of to fair market Client. unless DOI shows Affairs, BLM) Montana, BLM) Mineral value notice. that author is a Resources); client and Hawbecker, transmitted the Karen (Ass't draft to a lawyer Solicitor, Div. for review or of Min. Res.); comment. Leverette, FMV FMV FMV Mitchell 11/8/2006 1134 1139 1140 (Dep. Div. Chief, Solids, BLM); Haskins, Roger (Sr. Spec., BLM); Murphy, Ted A. (Group Manager, Solids, BLM)
59 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or 11/2/2006 1140 1156 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources) Haight, Scott Hudson, Ted (Acting Hawbecker, Email regarding Privileged - Denied (Assoc. Field Chief, Regulatory Karen (Ass't proposed revisions Attorney- conditionally Manager, Affairs, BLM) Solicitor, Div. to ANPR. Client. unless DOI shows Lewistown of Mineral that author is a Field Office, Resources) client and FMV FMV 11/16/2006 Montana, transmitted the 1216 1218 BLM) draft to a lawyer for review or comment.
60 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Haight, Scott (Assoc. Hudson, Ted Email regarding Privileged - Denied Karen (Ass't Field Manager, (Acting Chief, proposed revisions Attorney- conditionally Solicitor, Div. Lewistown Field Office, Regulatory to language Client. unless DOI shows of Mineral Montana, BLM) Affairs, BLM) contained in ANPR. that author is a FMV FMV Resources) client and 11/16/2006 1219 1219 transmitted the draft to a lawyer for review or comment.
Hudson, Ted Haight, Scott (Assoc. Hawbecker, Email regarding Privileged - Denied (Acting Chief, Field Manager, Karen (Ass't correcting mistake Attorney- conditionally Regulatory Lewistown Field Office, Solicitor, Div. in ANPR. Client unless DOI shows Affairs, BLM) Montana, BLM) of Mineral that author is a FMV FMV Resources) client and 11/20/2006 1220 1221 transmitted the draft to a lawyer for review or comment.
Hudson, Ted Haight, Scott (Assoc. Hawbecker, Email regarding Privileged - Denied (Acting Chief, Field Manager, Karen (Ass't correcting mistake Attorney- conditionally Regulatory Lewistown Field Office, Solicitor, Div. in ANPR. Client unless DOI shows FMV Affairs, BLM) Montana, BLM) of Mineral that author is a FMV FMV 1223; Resources) client and 11/20/2006 1222 1222 FMV transmitted the 1240 draft to a lawyer for review or comment.
61 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or 11/20/2006 1223 1239 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources) Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or 11/20/2006 1240 1256 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources)
62 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or 11/21/2006 1259 1275 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources) Hawbecker, Hudson, Ted (Acting Email regarding Privileged - Denied, Karen (Ass't Chief, Regulatory proposed revisions Attorney- Transmittal of Solicitor, Div. Affairs, BLM); Haight, to ANPR. Client. draft. Does not of Mineral Scott (Assoc. Field disclose Resources) Manager, Lewistown communication Field Office, Montana, from client FMV FMV FMV BLM); Murphy, Ted A. intended to be 11/28/2006 1278 1278 1279 (Group Manager, Solids, confidential. BLM); Leverette, Mitchell (Deputy Division Chief, Solids, BLM); Anderson, Bob (Deputy Asst Director, BLM)
63 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or 11/27/2006 1279 1295 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources) Hawbecker, Hudson, Ted (Acting Email regarding Privileged - Denied. Does not Karen (Ass't Chief, Regulatory proposed revisions Attorney- disclose Solicitor, Div. Affairs, BLM); Haight, of ANPR. Client. communication of Mineral Scott (Assoc. Field from client Resources) Manager, Lewistown intended to be FMV FMV FMV0012 Field Office, Montana, confidential nor 11/29/2006 1296 1296 97 BLM) the mental impressions, conclusions, opinions, or legal theories of a lawyer.
64 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or 11/29/2006 1297 1313 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources) Haight, Scott Anderson, Bob M. (Ass't Hawbecker, Draft Information Privileged - Denied (Assoc. Field Director, BLM); Karen (Ass't Memorandum Attorney- conditionally Manager, Murphy, Ted (Group Solicitor, Div. regarding Remand Client unless DOI shows Lewistown Manager, Solids, BLM) of Mineral of 43 C.F.R. 3809 that author is a Field Office, Resources); Regulations in client and FMV FMV Montana, Hudson, Ted Mineral Policy transmitted the 11/21/2006 1349 1349 BLM) (Acting Chief, Center versus draft to a lawyer Regulatory Norton. for review or Affairs, BLM) comment.
65 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Murphy, Ted (Group Anderson, Draft Privileged - Denied (Acting Chief, Manager, Solids, BLM) Bob M. (Ass't memorandum Attorney- conditionally Regulatory Director, regarding Client unless DOI shows Affairs, BLM) BLM); Communication that author is a Hawbecker, Plan and ANPR client and Karen (Ass't under 43 C.F.R. transmitted the Solicitor, Div. 3809. draft to a lawyer of Mineral for review or FMV FMV Resources); comment. 11/13/2006 1353 1356 Haight, Scott (Assoc. Field Manager, Lewistown Field Office, Montana, BLM)
Haight, Scott Anderson, Bob M. (Ass't Hawbecker, Draft Information Privileged - Denied (Assoc. Field Director, BLM); Karen (Ass't Memorandum Attorney- conditionally Manager, Murphy, Ted (Group Solicitor, Div. regarding Remand Client unless DOI shows Lewistown Manager, Solids, BLM) of Mineral of 43 C.F.R. 3809 that author is a Field Office, Resources); Regulations in client and FMV FMV Montana, Hudson, Ted Mineral Policy transmitted the 11/21/2006 1357 1357 BLM) (Acting Chief, Center v. Norton. draft to a lawyer Regulatory for review or Affairs, BLM) comment.
66 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Murphy, Ted Draft Information Privileged - Denied Memorandum Attorney- conditionally regarding District Client unless DOI shows Court remand of that author is a 43 C.F.R. 3809 cleint and FMV FMV 12/21/2006 surface transmitted the 1359 1360 management draft to a lawyer regulations in for review or Mineral Policy comment. Center versus Norton. Murphy, Ted Draft Information Privileged - Denied Memorandum Attorney- conditionally regarding BLM Client unless DOI shows response to the that author is a District Court client and FMV FMV remand of the 43 transmitted the 12/21/2006 1362 1363 C.F.R. 3809 surface draft to a lawyer management for review or regulations in comment. Mineral Policy Center v. Norton.
67 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Murphy, Ted (Group Anderson, Memorandum Privileged - Denied. (Acting Chief, Manager, Solids, BLM) Bob M. (Ass't regarding the Attorney- Transmittal of Regulatory Director, communication Client draft. Does not Affairs, BLM) BLM); plan for the ANPR disclose Hawbecker, on surface communication Karen (Ass't management. from client Solicitor, Div. intended to be of Mineral confidential nor FMV FMV Resources); the mental Undated 1367 1370 Haight, Scott impressions, (Assoc. Field conclusions, Manager, opinions, or legal Lewistown theories of a Field Office, lawyer. Montana, BLM)
Murphy, Ted Draft Information Privileged - Denied. (Group Memorandum Attorney- Transmittal of Manager, regarding BLM Client draft. Does not Solids, BLM) response to the disclose District Court communication FMV FMV remand of the 43 from client 11/21/2006 1371 1371 C.F.R. 3809 surface intended to be management confidential. regulations in Mineral Policy Center v. Norton.
68 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Murphy, Ted Draft Information Privileged - Denied. (Group Memorandum Attorney- Transmittal of Manager, regarding BLM Client draft. Does not Solids, BLM); response to the disclose Haight, Scott District Court communication FMV FMV (Assoc. Field remand of the 43 from client 12/26/2006 1378 1379 Manager, C.F.R. 3809 surface intended to be Lewistown management confidential. Field Office, regulations in Montana, Mineral Policy BLM) Center v. Norton.
Briggs, Vickie Draft Information Privileged - Denied. (Public Affairs Memorandum Attorney- Transmittal of Specialist, regarding BLM Client. draft. Does not BLM) response to disclose District Court communication FMV FMV remand of the from client 12/28/2006 1386 1388 3809 Surface intended to be Management confidential. Regulations in Mineral Policy Center versus Norton.
69 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Haight, Scott (Assoc. Draft Information Privileged - Denied. Karen (Ass't Field Manager, Memorandum Attorney- Transmittal of Solicitor, Div. Lewistown Field Office, regarding Remand Client draft. Does not of Mineral Montana, BLM), Aird, of 43 C.F.R. 3809 disclose Resources) Brenda (Senior Advisor, Regulations in communication Office of the Ass't Mineral Policy from client FMV FMV Sec'y); Anderson, Bob Center versus intended to be 12/28/2006 1397 1399 (Ass't Director, BLM); Norton. confidential. Hudson, Ted (Acting Chief, Regulatory Affairs, BLM), Murphy, Ted (Group Manager, Solids, BLM)
Anderson, Bob Hawbecker, Karen Draft Information Privileged - Denied. (Ass't (Ass't Solicitor, Div. of Memorandum Attorney- Transmittal of Director, BLM) Mineral Resources); regarding Remand Client draft. Does not Haight, Scott (Assoc. of 43 C.F.R. 3809 disclose Field Manager, Regulations in communication Lewistown Field Office, Mineral Policy from client FMV FMV 12/28/2006 Montana, BLM); Center versus intended to be 1409 1411 Leverette, Mitchell Norton. confidential. (Deputy Division Chief, Solids, BLM); Abbott, Jim (Acting Ass't Director, BLM)
70 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Anderson, Bob Hawbecker, Karen Draft Information Privileged - Denied. (Ass't (Ass't Solicitor, Div. of Memorandum Attorney- Transmittal of Director, BLM) Mineral Resources); regarding Remand Client draft. Does not Haight, Scott (Assoc. of 43 C.F.R. 3809 disclose Field Manager, Regulations in communication Lewistown Field Office, Mineral Policy from client FMV FMV Montana, BLM); Center versus intended to be 12/28/2006 1412 1415 Leverette, Mitchell Norton. confidential nor (Deputy Division Chief, the mental Solids, BLM); Abbott, impressions, Jim (Acting Ass't conclusions, Director, BLM) opinions, or legal theories of a lawyer. Hawbecker, Haight, Scott (Assoc. Draft Information Privileged - Denied. Karen (Ass't Field Manager, Memorandum Attorney- Transmittal of Solicitor, Div. Lewistown Field Office, regarding District Client draft. Does not of Mineral Montana, BLM), Aird, Court remand of disclose Resources) Brenda (Senior Advisor, 43 C.F.R. 3809 communication Office of the Ass't surface from client FMV FMV Sec'y); Anderson, Bob management intended to be 12/28/2006 1420 1422 (Ass't Director, BLM); regulations in confidential. Hudson, Ted (Acting Mineral Policy Chief, Regulatory Center versus Affairs, BLM), Murphy, Norton. Ted (Group Manager, Solids, BLM)
71 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Draft Information Privileged - Denied as to Karen (Ass't Memorandum Attorney- Attorney-Client Solicitor, Div. regarding BLM's Client; and sustained as of Mineral response to the Attorney Work to work product. Resources) District Court Product. FMV FMV 1/5/2007 remand of the 1438 1441 3809 surface management regulations in Mineral Policy Center v. Norton. Hawbecker, Draft Information Privileged - Denied. Karen (Ass't Memorandum Attorney- Transmittal of Solicitor, Div. regarding BLM Client. draft. Does not of Mineral response to disclose Resources); District Court communication FMV FMV Briggs, Vickie remand of the from client 1/5/2007 1447 1449 (Public Affairs 3809 Surface intended to be Specialist, Management confidential. BLM) Regulations in Mineral Policy Center versus Norton.
72 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Draft Information Privileged - Denied. Karen (Ass't Memorandum Attorney- Transmittal of Solicitor, Div. regarding BLM Client. draft. Does not of Mineral response to disclose Resources); District Court communication FMV FMV Briggs, Vickie remand of the from client 1/5/2007 1450 1453 (Public Affairs 3809 Surface intended to be Specialist, Management confidential. BLM) Regulations in Mineral Policy Center versus Norton.
73 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Aird, Brenda Hawbecker, Karen Draft Information Privileged - Denied. (Senior (Ass't Solicitor, Div. of Memorandum Attorney- Transmittal of Advisor, Office Mineral Resources); regarding Remand Client. draft. Does not of the Ass't Anderson, Bob (Deputy of 43 C.F.R. 3809 disclose Sec'y) Ass't Director, BLM); Regulations in communication Abbott, Jim (Acting Mineral Policy from client Ass't Director, BLM); Center versus intended to be Leverette, Mitchell Norton. confidential. (Deputy Division Chief, Solids, BLM); Haight, FMV FMV Scott (Assoc. Field 1/5/2007 1459 1462 Manager, Lewistown Field Office, Montana BLM); Hudson, Ted (Acting Chief, Regulatory Affairs, BLM); Murphy, Ted, (Group Manager, Solids, BLM); Gauthier- Warriner, Barbara (BLM Liaison, Office of the Ass't Sec'y)
74 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Aird, Brenda Hawbecker, Karen Draft Information Privileged - Denied. (Senior (Ass't Solicitor, Div. of Memorandum Attorney- Transmittal of Advisor, Office Mineral Resources); regarding Remand Client draft. Does not of the Ass't Anderson, Bob (Deputy of 43 C.F.R. 3809 disclose Sec'y) Ass't Director, BLM); Regulations in communication Abbott, Jim (Acting Mineral Policy from client Ass't Director, BLM); Center versus intended to be Leverette, Mitchell Norton. confidential. (Deputy Division Chief, Solids, BLM); Haight, FMV FMV Scott (Assoc. Field 1/5/2007 1463 1465 Manager, Lewistown Field Office, Montana BLM); Hudson, Ted (Acting Chief, Regulatory Affairs, BLM); Murphy, Ted, (Group Manager, Solids, BLM); Gauthier- Warriner, Barbara (BLM Liaison, Office of the Ass't Sec'y)
75 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Aird, Brenda Hawbecker, Karen Draft Information Privileged - Denied. (Senior (Ass't Solicitor, Div. of Memorandum Attorney- Transmittal of Advisor, Office Mineral Resources); regarding Remand Client draft. Does not of the Ass't Anderson, Bob (Deputy of 43 C.F.R. 3809 disclose Sec'y) Ass't Director, BLM); Regulations in communication Abbott, Jim (Acting Mineral Policy from client Ass't Director, BLM); Center versus intended to be Leverette, Mitchell Norton. confidential. (Deputy Division Chief, Solids, BLM); Haight, FMV FMV Scott (Assoc. Field 1/5/2007 1466 1469 Manager, Lewistown Field Office, Montana BLM); Hudson, Ted (Acting Chief, Regulatory Affairs, BLM); Murphy, Ted, (Group Manager, Solids, BLM); Gauthier- Warriner, Barbara (BLM Liaison, Office of the Ass't Sec'y)
76 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Aird, Brenda Anderson, Email regarding Nonprivileged - To be released. Karen (Ass't (Renewable Energy Bob M. (Dep. proposed revisions to be released Solicitor, Div. Advisor, Office of the AD, BLM); to the fair market of Mineral Ass't Sec'y) Abbott, Jim value rule briefing Resources) (Act. AD, paper. BLM); Leverette, M. (Dep. DC, BLM); Haight, S. (Ass. Field FMV FMV 1/8/2007 Mgr., BLM); 1470 1474 Hudson, Ted (AC, Reg. Aff., BLM); Murphy, Ted A. (Gr. Mgr., BLM); Gauthier- Warinner, B. (Office of Ass't Sec'y)
77 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Abbott, Jim Information Privileged - Denied. Does not (Acting Ass't Memorandum Attorney- disclose a Director, regarding Client communication BLM); Haight, proposed rule Privileged from a client Scott (Assoc. amending the intended to be Field Bureau of Land confidential. Manager, Management Lewistown Surface Field Office, Management FMV FMV Montana, Regulations for 1/10/2007 1476 1479 BLM); Briggs, Operations Vickie (Public Authorized by the Affairs Mining Laws under Specialist, 43 C.F.R. 3809. BLM); Anderson, Robert M. (Deputy Ass't Director, BLM)
Briggs, Vickie Draft Information Privileged - Denied. Does not (Public Affairs Memorandum Attorney- disclose a Specialist, regarding BLM Client communication BLM); response to Privileged from a client FMV FMV Gauthier- Mineral Policy intended to be 1/10/2007 1481 1484 Warinner, Center v. Norton confidential. It is Barbara (BLM Court remand of a report by an Liaison, Office regulations. attorney on a of the Ass't decided case. Sec'y)
78 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Murrellwright, Draft Information Privileged - Denied. Does not Scott Memorandum Attorney- disclose a (Geologist, regarding BLM Client communication BLM); response to Privileged from a client Maybee, J.; Mineral Policy intended to be Gauthier- Center v. Norton confidential. FMV FMV Warinner, Court remand of 1/9/2007 1485 1486 Barbara regulations. Gauthier- Warinner, Barbara (BLM Liaison, Office of the Ass't Sec'y) Brady, Ray Murrellwright, Thomas Leverette, Email regarding Privileged - Denied (Energy Team (Geologist, BLM) Mitchell follow-up Attorney- conditionally Manager, (Deputy questions on the Client. unless DOI shows BLM) Division discussion on how that author is a Chief, Solids, to proceed with client and sought BLM); notice of FMV rule advice or legal Kupferman, under Kennedy guidance from a Steve decision. lawyer. (Geologist, FMV FMV 11/14/2007 California 1703 1705 State Office, BLM); Haskins, Roger (Senior Specialist, Mining Law Adjudication, BLM)
79 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Murrellwright, Brady, Ray (Energy Leverette, Email regarding Privileged - Denied Thomas Team Manager, BLM) Mitchell discussion on how Attorney- conditionally (Geologist, (Deputy to proceed with Client. unless DOI shows BLM) Division notice of FMV rule that author is a Chief, Solids, under Kennedy client and sought BLM); decision. advice or legal Kupferman, guidance from a Steve lawyer. (Geologist, FMV FMV 11/14/2007 California 1706 1707 State Office, BLM); Haskins, Roger (Senior Specialist, Mining Law Adjudication, BLM)
80 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Murrellwright, Brady, Ray (Energy Leverette, Email regarding Privileged - Denied Thomas Team Manager, BLM) Mitchell followup question Attorney- conditionally (Geologist, (Deputy on the FMV rule Client. unless DOI shows BLM) Division under Mineral that author is a Chief, Solids, Policy Center v. client and sought BLM); Norton. advice or legal Haskins, guidance from a Roger lawyer. (Senior Specialist, Mining Law Adjudication, FMV FMV 11/15/2007 BLM); 1708 1711 Kupferman, Steve (Geologist, California State Office, BLM); Hudson, Ted (Acting Chief, Regulatory Affairs, BLM)
81 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation BLM Nitta, Kendra (Attorney, Draft Interim Final Privileged - Denied Div. of Mineral Rule. attorney client conditionally as Resources); Hawbecker, Attorney Work to Attorney-Client Karen (Ass't Solicitor, Product. privilege unless Div. of Mineral DOI shows that Resources); McKeown, author is a client Matt (Deputy Assoc. and transmitted FMV FMV Solicitor, Div. of Mineral the draft to a 11/26/2007 1712 1720 Resources); Harris, lawyer for review James (Assoc. Solicitor, or comment. Div. of Mineral Decision as to Resources) Work Product held in abeyance.
Haight, Scott Draft interim final Privileged - Denied (Assoc. Field fair market value Attorney- conditionally as Manager, rule. Client - to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product. DOI shows that Montana, author is a client BLM); Hudson, and transmitted FMV FMV Ted (Acting the draft to a 11/27/2007 1721 1726 Chief, lawyer for review Regulatory or comment. Affairs, BLM) Decision as to Work Product held in abeyance.
82 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation 11/29/2007 Nitta, Kendra Hawbecker, Karen Email regarding Privileged - Denied. (Attorney, Div. (Ass't Solicitor, Div. of draft interim fair Attorney- Transmittal of of Mineral Mineral Resources) market value rule. Client - draft. Does not Resources) Attorney Work disclose Product. communication from client intended to be FMV FMV confidential nor 1727 1727 the mental impressions, conclusions, opinions, or legal theories of a lawyer, except for a trivial comment. 12/11/2007 Hawbecker, Anderson, Bob M. Email regarding Nonprivileged - To be released. Karen (Ass't (Deputy Ass't Director, draft of the FMV to be released FMV FMV Solicitor, Div. BLM) rule and 1728 1728 of Mineral reclamation Resources) handbook. 1/15/2008 Harris, James Hawbecker, Karen Email regarding Nonprivileged - To be released. (Assoc. (Ass't Solicitor, Div. of proposed revisions to be released FMV FMV FMV Solicitor, Div. Mineral Resources) to FMV Rule. 1748 1748 1749 of Mineral Resources) 1/15/2008 Harris, James Draft document Privileged - Sustained as to (Assoc. regarding Attorney- work product. FMV FMV Solicitor, Div. proposed revisions Client; 1749 1750 of Mineral to Insert A of the Attorney Work Resources) FMV rule. Product
83 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Harris, James McKeown, Matthew Email regarding Nonprivileged - To be released. (Assoc. (Deputy Assoc. Solicitor, proposed revisions to be released Solicitor, Div. Div. of Mineral to FMV rule. of Mineral Resources); Hawbecker, FMV FMV Resources) Karen (Ass't Solicitor, 1/15/2008 1751 1751 Div. of Mineral Resources); Nitta, Kendra (Attorney, Div. of Mineral Resources)
Hawbecker, McKeown, Matthew Email regarding Nonprivileged - To be released. Karen (Ass't (Deputy Assoc. Solicitor, proposed revisions to be released Solicitor, Div. Div. of Mineral to FMV rule. FMV FMV FMV 1/15/2008 of Mineral Resources); Harris, 1752 1752 1753 Resources) James (Assoc. Solicitor, Div. of Mineral Resources) Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally as Manager, Client; to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product DOI shows that Montana, author is a client BLM); Hudson, and transmitted FMV FMV Ted (Acting the draft to a 1/11/2008 1753 1758 Chief, lawyer for review Regulatory or comment. Affairs, BLM) Decision as to Work Product held in abeyance.
84 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Harris, James Hawbecker, Karen Email regarding Privileged - Sustianed as to (Assoc. (Ass't Solicitor, Division proposed revisions Attorney- the work product Solicitor, Div. of Mineral Resources); to preamble Client; privilege but only FMV FMV 1/16/2008 of Mineral McKeown, Matthew language of the Attorney Work as to highlighted 1760 1760 Resources) (Deputy Assoc. Solicitor, FMV rule. Product material. Div. of Mineral Resources) Hawbecker, Harris, James (Assoc. McKeown, Email regarding Privileged - Sustained as to Karen (Ass't Solicitor, Div. of Mineral Matthew proposed revisions Attorney- work product. Solicitor, Div. Resources) (Deputy to preamble Client; FMV FMV FMV of Mineral Assoc. language of draft Attorney Work 1/17/2008 1761 1761 1762 Resources) Solicitor, Div. interim final FMV Product of Mineral rule. Resources)
Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally as Manager, Client; to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product DOI shows that Montana, author is a client BLM); Hudson, and transmitted FMV FMV Ted (Acting the draft to a 1/15/2008 1762 1768 Chief, lawyer for review Regulatory or comment. Affairs, BLM) Decision as to Work Product held in abeyance.
85 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Harris, James (Assoc. McKeown, Email regarding Privileged - Sustained as to Karen (Ass't Solicitor, Div. of Mineral Matthew proposed revisions Attorney- work product. Solicitor, Div. Resources) (Deputy to preamble Client; FMV FMV FMV of Mineral Assoc. language of draft Attorney Work 1/17/2008 1769 1769 1770 Resources) Solicitor, Div. interim final FMV Product of Mineral rule. Resources)
Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally as Manager, Client; to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product DOI shows that Montana, author is a client BLM); Hudson, and transmitted FMV FMV Ted (Acting the draft to a 1/15/2008 1770 1776 Chief, lawyer for review Regulatory or comment. Affairs, BLM) Decision as to Work Product held in abeyance.
86 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally as Manager, Client; to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product DOI shows that Montana, author is a client BLM); Hudson, and transmitted FMV FMV Ted (Acting the draft to a 1/23/2008 1777 1789 Chief, lawyer for review Regulatory or comment. Affairs, BLM) Decision as to Work Product held in abeyance.
Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and FMV FMV 1/29/2008 Montana, transmitted the 1790 1796 BLM); Hudson, draft to a lawyer Ted (Acting for review or Chief, comment. Regulatory Affairs, BLM)
87 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Harris, James Hawbecker, Karen Email regarding Privileged - Denied. (Assoc. (Ass't Solicitor, Div. of proposed revisions Attorney- Transmittal of Solicitor, Div. Mineral Resources); to draft interim Client; draft. Does not of Mineral McKeown, Matthew final FMV rule. Attorney Workdisclose Resources) (Deputy Assoc. Solicitor, Product communication Div. of Mineral from client FMV FMV FMV Resources) intended to be 1/29/2008 1797 1797 1798 confidential nor the mental impressions, conclusions, opinions, or legal theories of a lawyer. Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally as Manager, Client; to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product DOI shows that Montana, author is a client BLM); Hudson, and transmitted FMV FMV Ted (Acting the draft to a 1/29/2008 1798 1804 Chief, lawyer for review Regulatory or comment. Affairs, BLM); Decision as to Harris, James Work Product (Assoc. held in abeyance. Solicitor, Div. of Mineral Resources)
88 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Harris, James Hawbecker, Karen McKeown, Email regarding Privileged - Denied. Does not (Assoc. (Ass't Solicitor, Div. of Matthew proposed revisions Attorney- disclose Solicitor, Div. Mineral Resources) (Deputy to draft interim Client - communication of Mineral Assoc. final FMV rule. Attorney Work from client FMV Resources) Solicitor, Div. Product intended to be 1807; of Mineral confidential nor FMV FMV FMV Resources) the mental 1/29/2008 1805 1806 1814; impressions, FMV conclusions, 1821 opinions, or legal theories of a lawyer.
89 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally as Manager, Client; to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product DOI shows that Montana, author is a client BLM); Hudson, and transmitted Ted (Acting the draft to a Chief, lawyer for review Regulatory or comment. FMV FMV 1/29/2008 Affairs, BLM); Decision as to 1807 1813 Nitta, Kendra Work Product (Attorney, Div. held in abeyance. of Mineral Resources); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources)
90 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally as Manager, Client; to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product DOI shows that Montana, author is a client BLM); Hudson, and transmitted Ted (Acting the draft to a Chief, lawyer for review Regulatory or comment. FMV FMV 1/29/2008 Affairs, BLM); Decision as to 1814 1820 Nitta, Kendra Work Product (Attorney, Div. held in abeyance. of Mineral Resources); Harris, James (Assoc. Solicitor, Div. of Mineral Resources)
Restatement of Non-privileged To be released. FMV FMV the Law regarding - to be 1/1/1944 1821 1823 Property, Section released 512 on licenses.
91 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Harris, James (Assoc. McKeown, Email regarding Privileged - Denied. Karen (Ass't Solicitor, Div. of Mineral Matthew proposed revisions Attorney- Transmittal of Solicitor, Div. Resources) (Deputy to draft interim Client - draft. Does not of Mineral Assoc. final FMV rule. Attorney Work disclose Resources) Solicitor, Div. Product communication FMV of Mineral from client FMV FMV 1825; Resources) intended to be 1/29/2008 1824 1824 FMV confidential nor 1832 the mental impressions, conclusions, opinions, or legal theories of a lawyer.
92 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally as Manager, Client; to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product DOI shows that Montana, author is a client BLM); Hudson, and transmitted Ted (Acting the draft to a Chief, lawyer for review Regulatory or comment. FMV FMV 1/29/2008 Affairs, BLM); Decision as to 1825 1831 Nitta, Kendra Work Product (Attorney, Div. held in abeyance. of Mineral Resources); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources)
93 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally as Manager, Client; to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product DOI shows that Montana, author is a client BLM); Hudson, and transmitted Ted (Acting the draft to a Chief, lawyer for review Regulatory or comment. FMV FMV 1/29/2008 Affairs, BLM); Decision as to 1832 1838 Harris, James Work Product (Assoc. held in abeyance. Solicitor, Div. of Mineral Resources); Nitta, Kendra (Attorney, Div. of Mineral Resources)
94 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Harris, James (Assoc. McKeown, Email regarding Denied. Privileged - Karen (Ass't Solicitor, Div. of Mineral Matthew proposed revisions Attorney- Transmittal of Solicitor, Div. Resources) (Deputy to draft interim Client; draft. Does not of Mineral Assoc. final fair market disclose Attorney Work Resources) Solicitor, Div. value rule. Product. communication of Mineral from client FMV0018 FMV FMV Resources) intended to be 40;FMV0 1/29/2008 1839 1839 confidential nor 01847 the mental impressions, conclusions, opinions, or legal theories of a lawyer Hawbecker, Draft interim final Privileged - Denied Karen (Ass't rule amending the Attorney- conditionally as Solicitor, Div. BLM Surface Client; to Attorney-Client of Mineral Management Attorney Work privilege unless Resources); Regulations for Product. DOI shows that Nitta, Kendra Operations author is a client (Attorney, Div. Authorized by the and transmitted FMV FMV of Mineral Mining Laws under the draft to a 1/29/2008 1840 1846 Resources); 43 C.F.R. 3809. lawyer for review Hudson, Scott; or comment. Haight, Ted Decision as to Work Product held in abeyance.
95 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Harris, James Draft interim final Privileged - Sustained as to (Assoc. rule amending the Attorney- work product. Solicitor, Div. BLM Surface Client; of Mineral Management Attorney Work Resources); Regulations for Product. Nitta, Kendra Operations (Attorney, Div. Authorized by the of Mineral Mining Laws under Resources); 43 C.F.R. 3809. Haight, Scott FMV FMV 1/29/2008 (Assoc. Field 1847 1853 Manager, Lewistown Field Office, Montana, BLM); Hudson, Ted (Acting Chief, Regulatory Affairs, BLM)
96 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Harris, James (Assoc. McKeown, Email regarding Privileged - Denied. Does not Karen (Ass't Solicitor, Div. of Mineral Matthew proposed revisions Attorney- disclose Solicitor, Div. Resources) (Deputy to draft interim Client; communication of Mineral Assoc. final FMV rule. Attorney Work from client FMV Resources) Solicitor, Div. Product intended to be 1856; of Mineral confidential nor FMV FMV FMV Resources) the mental 1/30/2008 1854 1855 1863; impressions, FMV conclusions, 1870 opinions, or legal theories of a lawyer.
97 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally as Manager, Client; to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product DOI shows that Montana, author is a client BLM); Hudson, and transmitted Ted (Acting the draft to a Chief, lawyer for review Regulatory or comment. FMV FMV 1/29/2008 Affairs, BLM); Decision as to 1856 1862 Hawbecker, Work Product Karen (Ass't held in abeyance. Solicitor, Div. of Mineral Resources); Nitta, Kendra (Attorney, Div. of Mineral Resources)
98 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally as Manager, Client; to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product DOI shows that Montana, author is a client BLM); Hudson, and transmitted Ted (Acting the draft to a Chief, lawyer for review Regulatory or comment. FMV FMV 1/29/2008 Affairs, BLM); Decision as to 1863 1869 Nitta, Kendra Work Product (Attorney, Div. held in abeyance. of Mineral Resources); Harris, James (Assoc. Solicitor, Div. of Mineral Resources)
Restatement of Nonprivileged - To be released. FMV FMV the Law regarding to be released 1/1/1944 1870 1872 Property, Section 512 on licenses.
99 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Draft Interim Final Privileged - Denied Karen (Ass't Rule. Attorney- conditionally Solicitor, Div. Client. unless DOI shows of Mineral that author is a Resources); client and Nitta, Kendra transmitted the (Attorney, Div. draft to a lawyer of Mineral for review or Resources); comment. Haight, Scott FMV FMV 1/30/2008 (Assoc. Field 1874 1880 Manager, Lewistown Field Office, Montana, BLM); Hudson, Ted (Acting Chief, Regulatory Affairs, BLM)
100 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Anderson, Bob M. Hawbecker, Email regarding Privileged - Denied, except (Acting Chief, (Deputy Ass't Director, Karen (Ass't proposed revisions Attorney- for highlighted Regulatory BLM) Solicitor, Div. to draft interim Client. part. Affairs, BLM) of Mineral final FMV rule. Resources); Nitta, Kendra (Attorney, Div. of Mineral Resources); Leverette, FMV FMV FMV 1/31/2008 Mitchell 1881 1882 1883 (Deputy Division Chief, Solids, BLM); Haight, Scott (Assoc. Field Manager, Montana, BLM)
101 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Draft Interim Final Privileged - Denied (Acting Chief, Rule. Attorney- conditionally Regulatory Client. unless DOI shows Affairs, BLM); that author is a Nitta, Kendra client and (Attorney, Div. transmitted the of Mineral draft to a lawyer FMV FMV Resources); for review or 1/31/2008 1883 1898 Haight, Scott comment. (Assoc. Field Manager, Lewistown Field Office, Montana, BLM)
Hudson, Ted Draft Interim Final Privileged - Denied (Acting Chief, Rule. Attorney- conditionally Regulatory Client. unless DOI shows Affairs, BLM); that author is a Nitta, Kendra client and (Attorney, Div. transmitted the of Mineral draft to a lawyer FMV FMV Resources); for review or 1/31/2008 1900 1906 Haight, Scott comment. (Assoc. Field Manager, Lewistown Field Office, Montana, BLM)
102 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Nitta, Kendra Draft Interim Final Privileged - Denied (Attorney, Div. Rule. Attorney- conditionally of Mineral Client. unless DOI shows Resources); that author is a Hawbecker, client and Karen (Ass't transmitted the Solicitor, Div. draft to a lawyer of Mineral for review or Resources); comment. Hudson, Ted FMV FMV 1/31/2008 (Acting Chief, 1908 1914 Regulatory Affairs, BLM); Haight, Scott (Assoc. Field Manager, Lewistown Field Office, Montana, BLM)
103 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Hawbecker, Karen Anderson, Email regarding Privileged - Granted as to (Acting Chief, (Ass't Solicitor, Div. of Bob M. (Dep. proposed revisions Attorney- highlighted part. Regulatory Mineral Resources) A.D., BLM); to draft interim Client Affairs, BLM) Nitta, Kendra final fair market (Atty., Div. of value rule. Mineral Resources); Leverette, Mitchell (Deputy FMV FMV FMV 2/1/2008 Division 1915 1916 1917 Chief, Solids, BLM); Haight, Scott (Assoc. Field Manager, Lewistown Field Office, Montana, BLM)
104 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Draft Interim Final Privileged - Denied (Acting Chief, Rule. Attorney- conditionally Regulatory Client unless DOI shows Affairs, BLM); that author is a Nitta, Kendra client and (Attorney, Div. transmitted the of Mineral draft to a lawyer FMV FMV Resources); for review or 2/1/2008 1917 1929 Haight, Scott comment. (Assoc. Field Manager, Lewistown Field Office, Montana, BLM)
105 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Anderson, Bob Hudson, Ted (Acting Hawbecker, Email regarding Privileged - Denied, except M. (Deputy Chief, Regulatory Karen (Ass't decision to discuss Attorney- for highlighted Ass't Director, Affairs, BLM) Solicitor, Div. draft interim final Client section. BLM) of M.R.); FMV rule with Nitta, Kendra solids experts. (Attorney, Div. of M.R.); Leverette, Mitchell (Deputy FMV FMV FMV Division 2/6/2008 1930 1931 1932 Chief, Solids, BLM); Haight, Scott (Assoc. Field Manager, Lewistown Field Office, Montana, BLM)
106 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Draft Interim Final Privileged - Denied (Acting Chief, Rule. Attorney- conditionally Regulatory Client. unless DOI shows Affairs, BLM); that author is a Nitta, Kendra client and (Attorney, Div. transmitted the of Mineral draft to a lawyer FMV FMV Resources); for review or 2/6/2008 1932 1945 Haight, Scott comment. (Assoc. Field Manager, Lewistown Field Office, Montana, BLM)
107 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Hawbecker, Karen Anderson, Email regarding Privileged - Sustained. (Acting Chief, (Ass't Solicitor, Div. of Bob; Nitta, proposed revisions Attorney- Regulatory Mineral Resources) Kendra to draft interim Client Affairs, BLM) (Attorney, final FMV rule. Div. of Mineral Resources); Leverette, Mitchell FMV FMV FMV (Deputy 2/6/2008 1946 1946 1947 Division Chief, Solids, BLM); Haight, Scott (Assoc. Field Manager, Lewistown Field Office, Montana, BLM)
108 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Draft Interim Final Privileged - Sustained as to (Acting Chief, Rule. Attorney- the highlighted Regulatory Client. part. Affairs, BLM); Nitta, Kendra (Attorney, Div. of Mineral FMV FMV Resources); 2/6/2008 1947 1960 Haight, Scott (Assoc. Field Manager, Lewistown Field Office, Montana, BLM)
109 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Anderson, Bob M. Hawbecker, Email regarding Privileged - Denied (Assoc. Field (Deputy Ass't Director, Karen (Ass't proposed revisions Attorney- conditionally Manager, BLM) Solicitor, Div. to draft interim Client unless DOI shows Lewistown of Mineral final FMV rule. that author is a Field Office, Resources); client and Montana, Nitta, Kendra transmitted the BLM) (Attorney, draft to a lawyer Div. of for review or Mineral comment. Resources); Leverette, FMV FMV FMV Mitchell 2/7/2008 1961 1963 1964 (Deputy Division Chief, Solids, BLM); Hudson, Ted (Acting Chief, Regulatory Affairs, BLM)
110 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Nitta, draft to a lawyer FMV FMV Kendra for review or 2/7/2008 1964 1977 (Attorney, Div. comment. of Mineral Resources); Hudson, Ted (Acting Chief, Regulatory Affairs, BLM)
111 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Haight, Scott (Assoc. Anderson, Email regarding Privileged - Denied, except Karen (Ass't Field Manager, Bob M. concerns and Attorney- for highlighted Solicitor, Div. Lewistown Field Office, (Deputy Ass't proposed revisions Client. section. of Mineral Montana, BLM) Director, to draft interim Resources) BLM); Nitta, final fair market Kendra value rule. (Attorney, Div. of Mineral Resources); Leverette, FMV FMV 2/11/2008 Mitchell 1978 1980 (Deputy Division Chief, Solids, BLM); Hudson, Ted (Acting Chief, Regulatory Affairs, BLM)
112 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Harris, James Hawbecker, Karen McKeown, Email regarding Privileged - Denied. Does not (Assoc. (Ass't Solicitor, Div. of Matthew Mike Nedd Attorney- disclose Solicitor, Div. Mineral Resources) (Deputy Attorney-Client Client; communication of Mineral Assoc. communication Attorney Work from client FMV Resources) Solicitor, Div. with review of Product intended to be 1984; of Mineral FMV rule. confidential nor FMV FMV FMV Resources) the mental 2/14/2008 1981 1983 1991; impressions, FMV conclusions, 1998 opinions, or legal theories of a lawyer, except for a trivial comment.
113 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally as Manager, Client; to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product DOI shows that Montana, author is a client BLM); Hudson, and transmitted Ted (Acting the draft to a Chief, lawyer for review Regulatory or comment. FMV FMV 1/29/2008 Affairs, BLM); Decision as to 1984 1990 Hawbecker, Work Product Karen (Ass't held in abeyance. Solicitor, Div. of Mineral Resources); Nitta, Kendra (Attorney, Div. of Mineral Resources)
114 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally as Manager, Client; to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product DOI shows that Montana, author is a client BLM); Hudson, and transmitted Ted (Acting the draft to a Chief, lawyer for review Regulatory or comment. FMV FMV 1/29/2008 Affairs, BLM); Decision as to 1991 1997 Harris, James Work Product (Assoc. held in abeyance. Solicitor, Div. of Mineral Resources); Nitta, Kendra (Attorney, Div. of Mineral Resources)
Restatement of Nonprivileged - To be released. FMV FMV the Law regarding to be released 1/1/1944 1998 2000 Property, Section 512 on licenses.
115 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Harris, James (Assoc. McKeown, Email regarding Privileged - Denied. Does not Karen (Ass't Solicitor, Div. of Mineral Matthew proposed revisions Attorney- disclose Solicitor, Div. Resources) (Deputy to draft interim Client; communication of Mineral Assoc. final FMV rule. Attorney Work from client FMV Resources) Solicitor, Div. Product intended to be 2003; of Mineral confidential nor FMV FMV FMV 2/14/2008 Resources) the mental 2001 2002 2010; impressions, FMV conclusions, 2017 opinions, or legal theories of a lawyer ecept for highlighted part.
116 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally as Manager, Client; to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product DOI shows that Montana, author is a client BLM); Hudson, and transmitted Ted (Acting the draft to a Chief, lawyer for review Regulatory or comment. FMV FMV 1/29/2008 Affairs, BLM); Decision as to 2003 2009 Nitta, Kendra Work Product (Attorney, Div. held in abeyance. of Mineral Resources); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources)
117 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally as Manager, Client; to Attorney-Client Lewistown Attorney Work privilege unless Field Office, Product DOI shows that Montana, author is a client BLM); Hudson, and transmitted Ted (Acting the draft to a Chief, lawyer for review Regulatory or comment. FMV FMV 1/29/2008 Affairs, BLM); Decision as to 2010 2016 Harris, James Work Product (Assoc. held in abeyance. Solicitor, Div. of Mineral Resources); Nitta, Kendra (Attorney, Div. of Mineral Resources)
Restatement of Nonprivileged - To be released. FMV FMV 1/1/1944 the Law, Property, to be released 2017 2019 Section 512.
118 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Sledge, Queen Anderson, Bob M. Email regarding Privileged - Denied; does not (proxy for Joel (Deputy Ass't Director, option paper Attorney- disclose a Yudson BLM); Leverette, concerning Client. communication (Attorney, Div. Mitchell (Deputy Mineral Policy from a client of Mineral Division Chief, Solids, Center versus intended to be Resources) BLM); Haight, Scott Norton. confidential. during period (Assoc. Field Manager, when the Lewistown Field Office, FMV FMV FMV 2/14/2008 Solicitor's Montana, BLM) 2020 2020 2021 Office could not receive emails from outside the Solicitor's Office)
Anderson, Bob M. Edited briefing Privileged - Denied; does not (Deputy Ass't Director, paper regarding Attorney- disclose a BLM); Leverette, FMV options after Client. communication Mitchell (Deputy the Mining Policy from a client FMV FMV Undated Division Chief, Solids, Center decision. intended to be 2021 2027 BLM); Haight, Scott confidential. (Assoc. Field Manager, Work product Lewistown Field Office, privilege not Montana, BLM) claimed.
119 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Draft Interim Final Privileged - Denied Karen (Ass't Rule. Attorney- conditionally Solicitor, Div. Client. unless DOI shows of Mineral that author is a Resources); client and Hudson, Ted transmitted the (Acting Chief, draft to a lawyer Regulatory for review or Affairs, BLM); comment. Haight, Scott FMV FMV 3/4/2008 (Assoc. Field 2029 2043 Manager, Lewistown Field Office, Montana, BLM); Nitta, Kendra (Attorney, Div. of Mineral Resources)
Haight, Scott Hawbecker, Karen Nitta, Kendra Email regarding Privileged - Sustained. (Assoc. Field (Ass't Solicitor, Div. of (Attorney, proposed revisions Attorney- Manager, Mineral Resources) Div. of to draft interim Client. Lewistown Mineral final FMV rule. Field Office, Resources); FMV FMV FMV Montana, Hudson, Ted 3/13/2008 2044 2045 2046 BLM) (Acting Chief, Regulatory Affairs, BLM)
120 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Draft Interim Final Privileged - Denied Karen (Ass't Rule. Attorney- conditionally Solicitor, Div. Client. unless DOI shows of Mineral that author is a Resources); client and Hudson, Ted transmitted the (Acting Chief, draft to a lawyer Regulatory for review or Affairs, BLM); comment. Haight, Scott FMV FMV 3/4/2008 (Assoc. Field 2046 2060 Manager, Lewistown Field Office, Montana, BLM); Nitta, Kendra (Attorney, Div. of Mineral Resources)
Hudson, Ted Hawbecker, Karen Draft Interim Final Privileged - Denied (Acting Chief, (Ass't Solicitor, Div. of Rule. Attorney- conditionally Regulatory Mineral Resources); Client unless DOI shows Affairs, BLM) Haight, Scott (Assoc. that author is a FMV FMV Field Manager, client and Undated 2062 2076 Lewistown Field Office, transmitted the Montana, BLM) draft to a lawyer for review or comment.
121 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Hudson, Ted (Acting Hawbecker, Email regarding Privileged - Sustained. (Assoc. Field Chief, Regulatory Karen (Ass't discussion of Attorney- Manager, Affairs, BLM) Solicitor, Div. mining purposes Client. Lewistown of Mineral language in FMV Field Office, Resources); rule. FMV FMV FMV0020 Montana, Nitta, Kendra 3/14/2008 2077 2080 81 BLM) (Attorney, Div. of Mineral Resources)
Hawbecker, Draft Interim Final Privileged - Denied Karen (Ass't Rule. Attorney- conditionally Solicitor, Div. Client. unless DOI shows of Mineral that author is a Resources); client and Nitta, Kendra transmitted the (Attorney, Div. draft to a lawyer of Mineral for review or Resources); comment. Hudson, Ted FMV FMV 3/4/2008 (Acting Chief, 2081 2095 Regulatory Affairs, BLM); Haight, Scott (Assoc. Field Manager, Lewistown Field Office, Montana, BLM)
122 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Haight, Scott (Assoc. Hawbecker, Email regarding Privileged - Sustained. (Acting Chief, Field Manager, Karen (Ass't discussion of Attorney- Regulatory Lewistown Field Office, Solicitor, Div. mining purposes Client. Affairs, BLM) Montana, BLM) of Mineral language in FMV Resources); rule. FMV FMV FMV Nitta, Kendra 3/14/2008 2096 2098 2099 (Attorney, Div. of Mineral Resources)
Hawbecker, Draft Interim Final Privileged - Denied Karen (Ass't Rule. Attorney- conditionally Solicitor, Div. Client. unless DOI shows of Mineral that author is a Resources); client and Hudson, Ted transmitted the (Acting Chief, draft to a lawyer Regulatory for review or Affairs, BLM); comment. Haight, Scott FMV FMV 3/4/2008 (Assoc. Field 2099 2113 Manager, Lewistown Field Office, Montana, BLM); Nitta, Kendra (Attorney, Div. of Mineral Resources)
123 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Lawyer, Mark Little, Chart regarding Information Sustained. (Acting Chief, (Regulatory Affairs, Chandra Department of about other Irrelevant. Regulatory BLM) (Regulatory Interior rulemakings FMV FMV Undated Affairs, BLM) Affairs, BLM) Regulations Ready redacted. 2115 2117 for Review from April through June 2008. Hudson, Ted Hawbecker, Karen Haight, Scott Draft Interim Final Privileged - Denied (Acting Chief, (Ass't Solicitor, Div. of (Assoc. Field Rule. Attorney- conditionally Regulatory Mineral Resources) Manager, Client. unless DOI shows Affairs, BLM) Lewistown that author is a Field Office, client and FMV FMV Montana, transmitted the Undated 2119 2142 BLM) draft to a lawyer for review or comment.
Hudson, Ted Hawbecker, Karen Haight, Scott Draft Interim Final Privileged - Denied (Acting Chief, (Ass't Solicitor, Div. of (Assoc. Field Rule. Attorney- conditionally Regulatory Mineral Resources) Manager, Client. unless DOI shows Affairs, BLM) Lewistown that author is a FMV FMV Field Office, client and Undated 2144 2167 Montana, transmitted the BLM) draft to a lawyer for review or comment.
124 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hudson, Ted Nygren, Andrea (BLM) Chart regarding Information Sustained. (Acting Chief, Department of the about other Irrelevant. Regulatory Interior rulemakings FMV FMV Undated Affairs, BLM) Regulations Ready redacted. 2171 2173 for Review from April through June 2008. Hawbecker, McKeown, Matthew Email regarding Privileged - Denied. Does not Karen (Ass't (Deputy Assoc. Solicitor, proposed revisions Attorney- disclose Solicitor, Div. Div. of Mineral to FMV rule. Client; communication of Mineral Resources); Harris, Attorney Work from client Resources) James (Assoc. Solicitor, Product intended to be Div. of Mineral confidential nor Resources) the mental FMV FMV impressions, 4/7/2008 2174 2174 conclusions, opinions, or legal theories of a lawyer, except for a trivial comment.
Hudson, Ted Chart regarding Information Sustained. (Acting Chief, BLM regulations about other Irrellevant. FMV FMV Undated Regulatory ready for review rulemakings 2190 2192 Affairs, BLM) under 43 C.F.R. redacted. 3800.
125 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, McKeown, Matthew Email regarding Privileged - Sustained. FMV Karen (Ass't (Deputy Assoc. Solicitor, Solicitor's Office's Attorney- 2495; Solicitor, Div. Div. of Mineral advice regarding Client; FMV FMV FMV of Mineral Resources) Northwest Mining Attorney Work 7/14/2008 2492 2494 2534; Resources) Association Product. FMV proposed revisions 2575 to FMV rule.
McKeown, Hawbecker, Karen Email regarding Privileged - Numbering is FMV Matthew (Ass't Solicitor, Div. of Solicitor's Office's Attorney- wrong; document 2581; (Deputy Mineral Resources) advice regarding Client begins on 2578; FMV FMV FMV Assoc. Northwest Mining Privileged sustained. 7/14/2008 2578 2580 2620; Solicitor, Div. Association Attorney Work FMV of Mineral proposed revisions Product. 2661 Resources) to FMV rule.
Hawbecker, McKeown, Matthew Email regarding Privileged - Sustained. FMV Karen (Ass't (Deputy Assoc. Solicitor, Solicitor's Office's Attorney- 2695; Solicitor, Div. Div. of Mineral advice regarding Client privilege FMV FMV FMV of Mineral Resources) Northwest Mining Attorney Work 7/14/2008 2690 2694 2734; Resources) Association Product. FMV proposed revisions 2775 to FMV rule.
McKeown, Hawbecker, Karen Email regarding Privileged - Sustained as to FMV Matthew (Ass't Solicitor, Div. of Solicitor's Office's Attorney- work product. 2782; (Deputy Mineral Resources) advice regarding Client; FMV FMV FMV Assoc. Northwest Mining Attorney Work 7/14/2008 2778 2781 2821; Solicitor, Div. Association Product. FMV of Mineral proposed revisions 2862 Resources) to FMV rule.
126 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Nedd, Mike (Asst. McKeown, Email regarding Privileged - Denied. Does not Karen (Ass't Director, BLM); Matthew the fair market Attorney- disclose Solicitor, Div. Anderson, Bob M. (Deputy value policy and Client. communication of Mineral (Deputy Ass't Director, Assoc. the use of from client Resources) BLM); Leverette, Solicitor, Div. unclaimed lands intended to be Mitchell (Deputy of Mineral for mining confidential. FMV FMV FMV Division Chief, Solids, Resources); operations. 7/14/2008 2865 2865 2866 BLM) Nitta, Kendra (Attorney, Div. of Mineral Resources)
Haight, Scott Draft interim final Privileged - Denied (Assoc. Field rule under 43 Attorney- conditionally Manager, C.F.R. 3800. Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV FMV Ted (Acting for review or 8/11/2008 3042 3067 3041 Chief, comment Regulatory Affairs, BLM); Nitta, Kendra (Attorney, Div. of Mineral Resources)
127 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Caswell, Allred, C. Stephen Memorandum Privileged - Denied; does not James L. (Assistant Secretary of regarding interim Attorney- disclose a (Director, the Interior) final rule on Client. communication BLM); Hudson, mining claims from a client Ted (Acting under the general intended to be FMV FMV 8/11/2008 Chief, mining laws confidential. 3068 3068 Regulatory concerning use of Affairs, BLM) unclaimed lands for mining purposes under 43 C.F.R. 3800. Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or 8/12/2008 3070 3095 Chief, comment. Regulatory Affairs, BLM); Nitta, Kendra (Attorney, Div. of Mineral Resources)
128 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Hawbecker, Hudson, Ted (Acting Leverette, Email regarding Privileged - Sustained as to Karen (Ass't Chief, Regulatory Mitchell proposed revisions Attorney- the highlighted Solicitor, Div. Affairs, BLM) (Deputy to the fair market Client. section. of Mineral Division value rule. Resources) Chief, Solids, FMV BLM); FMV FMV 3098; 8/18/2008 Haight, Scott 3096 3097 FMV (Assoc. Field 3124 Manager, Lewistown Field Office, Montana, BLM) Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or 8/11/2008 3098 3123 Chief, comment. Regulatory Affairs, BLM); Nitta, Kendra (Attorney, Div. of Mineral Resources)
129 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Caswell, Allred, C. Stephen Memorandum Privileged - Denied; does not James L. (Assistant Secretary of regarding interim Attorney- disclose a (Director, the Interior) final rule on Client. communication BLM); Hudson, mining claims from a client Ted (Acting under the general intended to be FMV FMV 8/11/2008 Chief, mining laws confidential. 3124 3124 Regulatory concerning use of Affairs, BLM) unclaimed lands for mining purposes under 43 C.F.R. 3800. Hudson, Ted Hawbecker, Karen Email regarding Privileged - Sustained as to (Acting Chief, (Ass't Solicitor, Div. of the Solicitor Attorney- the highlighted FMV FMV 8/19/2008 Regulatory Mineral Resources) review of multiple Client. section. 3125 3126 Affairs, BLM) rule surname packages. Hudson, Ted Hawbecker, Karen Email regarding Privileged - Sustained. (Acting Chief, (Ass't Solicitor, Div. of the Solicitor Attorney- FMV FMV 8/19/2008 Regulatory Mineral Resources); review of multiple Client. 3127 3128 Affairs, BLM) Sosin, Amy rule surname packages.
130 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer Ted (Acting for review or Chief, comment. FMV FMV Regulatory 8/11/2008 3131 3156 Affairs, BLM); Nitta, Kendra (Attorney, Div. of Mineral Resources)
Caswell, Allred, C. Stephen Memorandum Privileged - Denied. Does not James L. (Assistant Secretary of regarding interim Attorney- disclose a (Director, the Interior) final rule on Client. communication BLM); Hudson, mining claims from a client to a Ted (Acting under the general lawyer. FMV FMV 8/11/2008 Chief, mining laws 3157 3157 Regulatory concerning use of Affairs, BLM) unclaimed lands for mining purposes under 43 C.F.R. 3800.
131 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or 8/11/2008 3161 3186 Chief, comment. Regulatory Affairs, BLM); Nitta, Kendra (Attorney, Div. of Mineral Resources)
Caswell, Allred, C. Stephen Memorandum Privileged - Denied. James L. (Assistant Secretary of regarding interim Attorney- Transmittal of (Director, the Interior) final rule on Client. draft; does not BLM); Hudson, mining claims disclose a Ted (Acting under the general communication FMV FMV 8/11/2008 Chief, mining laws from a client 3187 3187 Regulatory concerning use of intended to be Affairs, BLM) unclaimed lands confidential. for mining purposes under 43 C.F.R. 3800. Hudson, Ted Draft chart Information Sustained; (Acting Chief, regarding about other irrelevant. FMV FMV Regulatory regulations ready rulemakings 9/11/2008 3190 3192 Affairs, BLM) for review from redacted. October through December 2008.
132 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer Ted (Acting for review or Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't FMV FMV Solicitor, Div. 9/17/2008 3195 3218 of Mineral Resources); Nitta, Kendra (Attorney, Div. of Mineral Resources)
133 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or 9/17/2008 3220 3243 Chief, comment. Regulatory Affairs, BLM); Nitta, Kendra (Attorney, Div. of Mineral Resources)
Draft chart Information Sustained; regarding about other irrelevant. FMV FMV regulations ready rulemakings 9/11/2008 3261 3263 for review from redacted. October through December 2008. Hudson, Ted Hawbecker, Karen Email regarding Information Sustained; FMV FMV (Acting Chief, (Ass't Solicitor, Div. of the status of the about other irrelevant. 10/21/2008 3266 3267 Regulatory Mineral Resources) FMV rule and the rulemakings Affairs, BLM) EPAct coal rule. redacted.
134 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally Manager, Client privilege unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or 9/18/2008 3274 3297 Chief, comment. Regulatory Affairs, BLM); Nitta, Kendra (Attorney, Div. of Mineral Resources)
Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or Undated 3657 3673 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources)
135 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the BLM); Hudson, draft to a lawyer FMV FMV Ted (Acting for review or Undated 3674 3690 Chief, comment. Regulatory Affairs, BLM); Hawbecker, Karen (Ass't Solicitor, Div. of Mineral Resources) Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and FMV FMV Undated Montana, transmitted the 3691 3707 BLM); Hudson, draft to a lawyer Ted (Acting for review or Chief, comment. Regulatory Affairs, BLM)
136 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft ANPR under Privileged - Denied (Assoc. Field 43 C.F.R. 3809. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and FMV FMV Undated Montana, transmitted the 3708 3724 BLM); Hudson, draft to a lawyer Ted (Acting for review or Chief, comment. Regulatory Affairs, BLM) Anderson, Bob Yudson, Joel (Attorney, Draft Interim Final Privileged - Denied (Ass't Div. of Mineral Rule. Attorney- conditionally Director, BLM) Resources) Client. unless DOI shows that author is a FMV FMV client and Undated 3734 3739 transmitted the draft to a lawyer for review or comment.
137 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008) Beg End Author / Document Privilege Attach. Date Receipient CC Ruling Doc# Doc# Sender Description Designation Haight, Scott Draft Interim Final Privileged - Denied (Assoc. Field Rule. Attorney- conditionally Manager, Client. unless DOI shows Lewistown that author is a Field Office, client and Montana, transmitted the FMV FMV BLM); Hudson, draft to a lawyer Undated 3792 3798 Ted (Acting for review or Chief, comment. Regulatory Affairs, BLM)
Draft Interim Final Privileged - Denied Rule. Attorney- conditionally Client. unless DOI shows that author is a FMV FMV client and Undated 3799 3807 transmitted the draft to a lawyer for review or comment.
138 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Haskins, Draft Privileged - Denied Roger Proposed Attorney- conditionally (Senior Rule on Client. unless DOI shows Specialist, Location, that author is a Mining Law Recording, client and Adjudication and transmitted the , BLM) Maintenance draft to a lawyer of Mining for review or MIL MIL Claims or comment. 2/25/1999 Sites, 43 43 107 C.F.R. 3710, 3730, 3820, 3830, 3840, and 3850.
1 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Hudson, Ted Hawbecker, Karen (Attorney, Div. of Mineral Email Privileged - Sustained as to (Regulatory Resources) regarding Attorney- Attorney-Client Analyst, proposed Client; Privilege. Regulatory revisions to Attorney Affairs, BLM) millsite Work regulations Product. preamble. MIL MIL MIL 3/5/1999 108 108 109
Hudson, Ted Draft Privileged - Denied (Regulatory Proposed Attorney- conditionally Analyst, Rule on Client; unless DOI shows Regulatory Location, Attorney that author is a Affairs, BLM) Recording, Work client and and Product. transmitted the MIL MIL Maintenance draft to a lawyer 3/2/1999 of Mining for review or 109 231 Claims or comment. Sites, 43 C.F.R. 3710, 3730, 3820, 3830, 3840, and 3850.
2 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
SOL mark up Privileged - Denied of proposed Attorney- conditionally rule on Client. unless DOI shows Location, that author is a Recording, client and MIL MIL and transmitted the 3/26/1999 369 547 Maintenance draft to a lawyer of Mining for review or Claims or comment. Sites.
3 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Hawbecker, Loveless, Scott; Abeita, Ethel; Adams, Lauri; Email Privileged - Sustained as Work Karen Aldrich, Rich; Anderson, Terri; Arguedas, regarding Attorney Product as to the (Attorney, Arthur; Babst, Charles; Baca Green, Tonianne; request for Work highlighted Div. of Berger, Temi; Blackwell,Sharon; Bockmon, comment Product section only. Mineral Chris; Butler, Alexandra; Chaffin, John; and review Resources) Dunnigan, Karan; Eaton, Robert; Etheridge, from Dave; Freels, Catherine; Frost, Gavin; Gelfuso, minerals Andrea; Goodyear, Barbara; Grayson, David; attorneys to Greenfield, Richard; Grenham, Brad; Guy, Gina; proposed Harrington, John; Hemmer, Lisa (Attorney, revisions to Solicitor's Office); Hill, Bruce; Hockberger, Jack; mining law Hopewell, Dennis; Jordan, Derril; Kelley, regulations. Colleen; King, Marianne; Kunz, John; Madsen, MIL MIL MIL 4/16/1999 Lowell; Mihan, Ralph; Moore, Gerald; 548 548 549 Mothershead, James; OHare, Thomas; Ohline, Beverly; Payne, John R.; Rice, Jean; Rigg, Jennifer; Rising, Lyle; Roth, Barry; Schoessler, Michael; Sebby, Kenneth; Shea, Courtney; Spaulding, Janet; Steiger, John; Thornton, Gerald; Toussaint, Lisa; Vaughn, Grant; Vollmann, Tim; Watts, Dave; Wood, Brock; Woodcock, Alan; Fugate, Barbara; Nitta, Kendra; Schaumberg, Peter; Leslie, Phyllis; Yudson, Joel (All attorneys, Solicitor's Office)
4 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Hawbecker, Loveless, Scott; Abeita, Ethel; Adams, Lauri; Questions Privileged - Sustained as to Karen Aldrich, Rich; Anderson, Terri; Arguedas, and answers Attorney Work Product. (Attorney, Arthur; Babst, Charles; Baca Green, Tonianne; regarding Work Div. of Berger, Temi; Blackwell,Sharon; Bockmon, Sections Product Mineral Chris; Butler, Alexandra; Chaffin, John; 3832.32 and Resources) Dunnigan, Karan; Eaton, Robert; Etheridge, 3832.22 of Dave; Freels, Catherine; Frost, Gavin; Gelfuso, mining law. Andrea; Goodyear, Barbara; Grayson, David; Greenfield, Richard; Grenham, Brad; Guy, Gina; Harrington, John; Hemmer, Lisa (Attorney, Solicitor's Office); Hill, Bruce; Hockberger, Jack; Hopewell, Dennis; Jordan, Derril; Kelley, Colleen; King, Marianne; Kunz, John; Madsen, MIL MIL 4/16/1999 Lowell; Mihan, Ralph; Moore, Gerald; 549 549 Mothershead, James; OHare, Thomas; Ohline, Beverly; Payne, John R.; Rice, Jean; Rigg, Jennifer; Rising, Lyle; Roth, Barry; Schoessler, Michael; Sebby, Kenneth; Shea, Courtney; Spaulding, Janet; Steiger, John; Thornton, Gerald; Toussaint, Lisa; Vaughn, Grant; Vollmann, Tim; Watts, Dave; Wood, Brock; Woodcock, Alan; Fugate, Barbara; Nitta, Kendra; Schaumberg, Peter; Leslie, Phyllis; Yudson, Joel (All attorneys, Solicitor's Office)
5 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Hawbecker, Yudson, Email Privileged - Sustained as Work Karen Joel regarding Attorney Product as to the (Attorney, (Attorney, review Work highlighted Div. of Div. of questions for Product. section only. Mineral Mineral minerals Resources) Resources); attorneys. Schaumber MIL MIL g, Peter 4/20/1999 550 551 (Deputy Assoc. Solicitor, Div. of Mineral Resources)
Hemmer, Hawbecker, Karen (Attorney, Div. of Mineral Schaumber Email Privileged - Sustained as Work Lisa Resources) g, Peter regarding Attorney- Product as to the (Attorney, (Deputy review Client; highlighted Div. of Assoc. questions for Attorney section only. Mineral Solicitor, mineral Work Resources) Div. of attorneys Product. Mineral concerning MIL MIL Resources); mining law 4/20/1999 552 552 Yudson, regulatoins. Joel (Attorney, Div. of Mineral Resources)
6 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Schaumberg, SOL mark up Privileged - Denied; does not Peter of proposed Attorney- disclose a (Deputy rule on Client. communication Assoc. Location, from a client Solicitor, Div. Recording, intended to be MIL MIL of Mineral Maintenance confidential. 5/1/1999 1060 1111 Resources) of Mining Claims or Sites.
Hawbecker, SOL mark up Privileged - Denied; does not Karen of proposed Attorney- disclose a (Attorney, rule on Client. communication Div. of Location, from a client Mineral Recording, intended to be MIL MIL Resources) and confidential. 5/14/1999 Maintenance 1112 1168 of Mining Claims or Sites.
Tryon, Hawbecker, Karen (Attorney, Div. of Mineral Email Privileged - Denied; does not Stephen Resources); Schaumberg, Peter (Deputy Assoc. regarding Attorney- disclose a (Oklahoma Solicitor, Div. of Mineral Resources); Birnbaum, briefing on Client communication MIL MIL MIL Field Liz (Assoc. Solicitor, Div. of Mineral Resources); mining claim from a client 5/26/1999 Manager, Yudson, Joel (Attorney, Div. of Mineral fee and intended to be 1177 1177 1178 BLM) Resources) recordation. confidential.
7 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Schwartz, Hawbecker, Karen (Attorney, Div. of Mineral Email Privileged - Sustained. Michael Resources) regarding Attorney- (Group revised Client. MIL MIL MIL briefing plan 5/27/1999 Manager, 1340 1341 1342 Regulatory on mill site Affairs, BLM) provision.
Schwartz, Hawbecker, Karen (Attorney, Div. of Mineral Draft Privileged - Denied Michael Resources) memorandu Attorney- conditionally (Group m regarding Client. unless DOI shows Manager, outline for that author is a Regulatory briefing on client and MIL MIL Affairs, BLM) interim final transmitted the 1342 1345 rule on document to a mining lawyer for review claims or or comment. sites.
8 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Hudson, Ted Hawbecker, Karen (Attorney, Div. of Mineral Draft Privileged - Denied; does not (Regulatory Resources), Haskins, Roger (Senior Specialist, Questions & Attorney- disclose a Analyst, Mining Law Adjudication, BLM), Schwartz, Answers Client. communication Regulatory Michael (Group Manager, Regulatory Affairs, document from a client Affairs, BLM) BLM) prepared for intended to be Office of confidential. Management and Budget briefing regarding Proposed Rule on Location, MIL MIL Recording, 1347 1352 and Maintenance of Mining Claims or Sites, 43 C.F.R. Parts 3710, 3730, 3820, 3830, 3840, and 3850.
9 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Schaumberg, Hawbecker, Karen (Attorney, Div. of Mineral Fax attaching Privileged - Denied; is not a Peter Resources) edits to Attorney- communication (Deputy proposed Client. from a client. Assoc. rule on Solicitor, Div. Location, of Mineral Recording, MIL MIL Resources) and 7/7/1999 1385 1407 Maintenance of Mining Claims or Sites.
Haskins, Schwartz, Michael (Group Manager, Regulatory Hawbecker, Email Privileged - Denied; does not Roger Affairs, BLM); Hudson, Ted (Regulatory Analyst, Karen regarding Attorney- disclose a (Senior Regulatory Affairs, BLM) (Attorney, chronology Client; communication MIL MIL MIL Specialist, Div. of of 3830 Attorney from a client to a 9/15/1999 1964 1964 1965 Mining Law Mineral rulemaking. Work lawyer. Adjudication Resources) Product. , BLM) Haskins, Schwartz, Michael (Group Manager, Regulatory Hawbecker, Chronology Privileged - Denied as to Roger Affairs, BLM); Hudson, Ted (Regulatory Analyst, Karen regarding Attorney- attorney-client (Senior Regulatory Affairs, BLM) (Attorney, Mining Claim Client; privilege but MIL MIL Specialist, Div. of proposed Attorney sustained as to 9/15/1999 Mining Law Mineral rule package. Work work product. 1965 1965 Adjudication Resources) Product. , BLM)
10 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Nagle, Eric Hawbecker, Karen (Attorney, Div. of Mineral King, Email Privileged - Denied; does not (Attorney, Resources) Marianne regarding Attorney- disclose a Pacific (Attorney, proposed Client; communication MIL MIL MIL Northwest Pacific revisions to Attorney from a client 10/13/1999 Regional Northwest proposed Work intended to be 2072 2072 2073 Solicitor's Regional rule on Product. confidential. Office) Solicitor's millsite Office) location. Nagle, Eric Hawbecker, Karen (Attorney, Div. of Mineral King, Memorandu Privileged - Sustained. (Attorney, Resources) Marianne m regarding Attorney- Pacific (Attorney, comments Client; MIL MIL Northwest Pacific on proposed Attorney 10/13/1999 Regional Northwest rule on Work 2073 2074 Solicitor's Regional millsites. Product. Office) Solicitor's Office) Schwartz, Hawbecker, Karen (Attorney, Div. of Mineral Draft EA for Privileged - Denied Michael Resources) Proposed Attorney- conditionally (Group Rule on Client. unless DOI shows Manager, Location, that author is a Regulatory Recording, client and Affairs, BLM) and transmitted the MIL MIL Maintenance draft to a lawyer 4124 4130 of Mining for review or Claims or comment. Sites, 43 C.F.R. 3710, 3730, 3820, 3830, 3840, and 3850.
11 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Rieger, Nick Hawbecker, Karen (Attorney, Div. of Mineral Email Privileged - Sustained. (Physical Resources) regarding Attorney- Scientist, proposed Client. Solids, BLM) revisions and required MIL MIL MIL signatures on 12/4/2002 4484 4484 4485 EA of regulations under 43 C.F.R. 3830.
Rieger, Nick Hawbecker, Karen (Attorney, Div. of Mineral Draft EA for Privileged - Denied (Physical Resources) Proposed Attorney- conditionally Scientist, Rule on Client. unless DOI shows Solids, BLM) Location, that author is a Recording, client and and transmitted the Maintenance draft to a lawyer MIL MIL of Mining for review or 4485 4491 Claims or comment. Sites, 43 C.F.R. Parts 3710, 3730, 3820, 3830, 3840, and 3850.
12 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Ferguson, Watson, Rebecca W. (Ass't Sec'y, DOI); Clarke, Memorandu Privileged - Denied; does not Fred E. Kathleen (Director, BLM) m regarding Attorney- disclose a (Assoc. the Mill Site Client. communication MIL MIL Opinion. from a client 2/24/2003 Solicitor, Div. 4593 4594 of Mineral intended to be Resources) confidential.
Ferguson, Watson, Rebecca W. (Ass't Sec'y, DOI); Clarke, Memorandu Privileged - Denied; does not Fred E. Kathleen (Director, BLM) m regarding Attorney- disclose a (Assoc. documents Client. communication Solicitor, Div. for from a client of Mineral preparation intended to be Resources) for meeting confidential. MIL MIL with 2/24/2003 Secretary 4595 4596 Norton on draft mill site opinion by Solicitor Myers.
Ferguson, Memorandu Privileged - Denied; does not Fred E. m regarding Attorney- disclose a (Assoc. the Mill Site Client. communication MIL MIL Opinion. from a client 2/28/2003 Solicitor, Div. 4597 4635 of Mineral intended to be Resources) confidential.
13 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Ferguson, Lass, Conrad (Special Ass't, BLM) Memorandu Privileged - Denied; does not Fred E. m regarding Attorney- disclose a (Assoc. mill site Client. communication Solicitor, Div. opinion from a client MIL MIL of Mineral issues to intended to be 3/5/2003 4636 4636 Resources) discuss in confidential. upcoming meeting.
Culp, Pete Ferguson, Fred E. (Assoc. Solicitor, Div. of Memorandu Privileged - Sustained. (Ass't Mineral Resources) m regarding Attorney- Director, Mill Site Client. BLM); opinion Abbey, Bob issues. (Nevada State MIL MIL Director, 3/11/2003 BLM); Deery, 4637 4675 Rick (Geologist, Solids, BLM); Lass, Conrad (Special Ass't, BLM)
Deery, Rick Hawbecker, Karen (Attorney, Div. of Mineral Fax regarding Privileged - Sustained. (Geologist, Resources) Mill Site Attorney- MIL MIL 3/13/2003 Solids, BLM) Opinion Client. 4676 4684 issues.
14 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Draft Privileged - Sustained. document Attorney- regarding Client. MIL MIL pros and 3/13/2003 4685 4688 cons of mill site options.
Draft table Privileged - Sustained. regarding Attorney- MIL MIL pros and Client. 3/14/2003 cons of mill 4689 4693 site options.
Hawbecker, Norton, Gale A. (Sec'y of the Interior) Memorandu Privileged - Denied; does not Karen m regarding Attorney- disclose a (Attorney, briefing on Client. communication Div. of Mining Law from a client MIL MIL use or intended to be 3/14/2003 Mineral 4694 4696 Resources) occupancy confidential. mill site provision.
Draft report Privileged - Sustained. regarding Attorney- MIL MIL 3/17/2003 Mill Site Client. 4697 4698 Options Paper.
15 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Myers III. Norton, Gale A. (Sec'y of the Interior) Griles, J. Draft Privileged - Sustained William G. Steven memorandu Attorney- (Solicitor of (Deputy m regarding Client. the Interior) Sec'y of the DOI response Interior); to criticism Watson, of Leshy mill Rebecca W. site opinion. MIL MIL (Ass't Sec'y, 4/8/2003 4718 4731 DOI); Klee, Ann (Counselor to the Sec'y)
Myers III. Norton, Gale A. (Sec'y of the Interior) Memorandu Privileged - Sustained. William G. m regarding Attorney- MIL MIL Mill Site Client. 4/11/2003 (Solicitor of 4732 4746 the Interior) Options Paper.
16 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Myers III. Norton, Gale A. (Sec'y of the Interior) Griles, J. Draft Privileged - Sustained. William G. Steven memorandu Attorney- (Solicitor of (Deputy m regarding Client. the Interior) Sec'y of the DOI response Interior); to criticism Watson, of Leshy mill Rebecca W. site opinion. MIL MIL (Ass't Sec'y, 4/11/2003 4747 4761 DOI); Klee, Ann (Counselor to the Sec'y)
Memorandu Privileged - Denied m regarding Attorney- conditionally questions on Client. unless DOI the mill site identifies author use and and recipient and occupancy establishes MIL MIL requirement communication 6/16/2003 s. was by a client, 4764 4769 intended to be confidential, and sought legal advice or guidance.
17 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Watson, Clark, Jeffrey B. (Deputy Ass't. Attorney Sansonetti, Letter Privileged - Sustained Rebecca W. General, DOJ) Thomas L. regarding Attorney- (Ass't Sec'y, (Ass't. meeting with Client. DOI) Attorney Assistant General, Attorney DOJ) General MIL MIL Thomas 7/2/2003 4770 4776 Sansonetti regarding the 1997 Mill Site Opinion.
Hawbecker, Ferguson, Fred E. (Assoc. Solicitor, Div. of Schaumber Email Privileged - Sustained. Karen Mineral Resources) g, Peter regarding Attorney- (Attorney, (Deputy Mill Site Client; MIL MIL Div. of Assoc. Opinion and Attorney 7/7/2003 Mineral Solicitor, proposed Work 4777 4777 Resources) Div. of rulemaking. Product. Mineral Resources)
18 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Hawbecker, Walston, Rod (Deputy Solicitor) Ferguson, Email Privileged - Sustained as to Karen Fred E. regarding Attorney- Work Product. (Attorney, (Assoc. proposed Client; Div. of Solicitor, revisions to Attorney Mineral Div. of Mill Site Work Resources) Mineral Opinion. Product. Resources); Schaumber MIL MIL g, Peter 7/17/2003 4778 4778 (Deputy Assoc. Solicitor, Div. of Mineral Resources)
19 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Rieger, Nick Draft Privileged - Denied (Physical Environment Attorney- conditionally Scientist, al Client. unless DOI shows Solids, BLM); Assessment that author is a Haskins, for BLM Final client and Roger Rule to transmitted the (Senior amend draft to a lawyer Specialist, regulations for review or Mining Law on locating, comment. Adjudication recording, MIL MIL 8/8/2003 , BLM); and 4911 4923 Hawbecker, maintaining Karen mining (Attorney, claims and Div. of sites under Mineral 43 C.F.R. Resources) 3710, 3730, 3810, 3820, 3830, 3840, and 3850.
Memorandu Privileged - Denied; does not m regarding Attorney- disclose a talking points Client. communication for mill site from a client MIL MIL opinion and intended to be 8/9/2003 5041 5042 rules. confidential. Neither author nor recipient identified.
20 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Hawbecker, Ferguson, Fred E. (Assoc. Solicitor, Div. of Schaumber Email Privileged - Sustained as Work Karen Mineral Resources) g, Peter regarding Attorney- Product. (Attorney, (Deputy proposed Client; MIL MIL Div. of Assoc. revisions to Attorney 8/12/2003 Mineral Solicitor, preamble Work 5063 5063 Resources) Div. of under 43 Product. Mineral C.F.R. 3830. Resources) Ferguson, Hawbecker, Karen (Attorney, Div. of Mineral Ferguson, Email Privileged - From Fegusson; Fred E. Resources) Fred E. regarding Attorney- does not disclose (Assoc. (Assoc. proposed Client; a client Solicitor, Div. Solicitor, revisions to Attorney communication of Mineral Div. of EA and Work he intended to be Resources) Mineral preamble Product. confidential. Rest Resources); under 43 is same document Schaumber C.F.R. 3830. as 5063, and is MIL MIL g, Peter sustained as Work 8/13/2003 5178 5178 (Deputy Product as to Assoc. highlighted Solicitor, section of Div. of Fergusson to Mineral Hawbecker. Resources)
21 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Ferguson, Malmen, Erika (Attorney, Solicitor's Office) Email Privileged - Denied. Does not Fred E. regarding Attorney- disclose (Assoc. Citizens Coal Client; communication Solicitor, Div. Council v. Attorney from client of Mineral Norton and Work intended to be MIL MIL Resources) Mill site Product. confidential nor 8/20/2003 Opinion and the mental 5194 5195 rule. impressions, conclusions, opinions, or legal theories of a lawyer.
BLM Hawbecker, Karen (Attorney, Div. of Mineral Draft EA of Privileged - Denied Regulatory Resources) BLM Attorney- conditionally Affairs proposed Client. unless DOI shows final rule to that author is a revise 43 client and C.F.R. 3710, transmitted the MIL MIL 3810, 3820, draft to a lawyer 8/21/2003 5705 5715 3830, 3840, for review or and 3850, comment including transmittal slip to Karen Hawbecker.
22 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Hudson, Ted Haskins, Roger (Senior Specialist, Mining Law Hudson, Email Not To be released. (Regulatory Adjudication, BLM); Schwartz, Michael (Group Ted regarding privileged - Analyst, Manager, Regulatory Affairs, BLM) (Regulatory proposed will be MIL MIL MIL Regulatory Analyst, revisions to released with 8/29/2003 Affairs, BLM) Regulatory final rule home phone 6812 6812 6813 Affairs, under 43 number BLM) C.F.R. 3830. redacted
23 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Haskins, Draft Final Privileged - Denied Roger (Sr. Rule on Attorney- conditionally Spec., Location, Client. unless DOI shows Mining Law Recording, that author is a Adjudication and client and , BLM); Maintenance transmitted the Hudson, Ted of Mining draft to a lawyer (Reg. Claims or for review or Analyst, Reg. Sites, 43 comment. Affairs, C.F.R. Parts BLM); Stiles, 3710, 3730, Pamela (Adj. 3820, 3830, Lead, 3840, and MIL MIL 10/21/2002 Wyoming 3850. 6813 7041 State Office, BLM); Schaff, Connie (Adj. Lead, Montana State Office, BLM)
24 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Hawbecker, Excerpts Privileged - Denied. Does not Karen from opinion Attorney- disclose MIL MIL (Attorney, regarding Client. communication 9/1/2003 Div. of Mill Site from client 7042 7058 Mineral operation. intended to be Resources) confidential. Schwartz, Sledge, Queen (proxy for Joel Yudson Email Privileged - Denied. Does not Michael (Attorney, Div. of Mineral Resources) during regarding Attorney- disclose MIL (Group period when the Solicitor's Office could not proposed Client. communication MIL MIL 7060 Manager, receive emails from outside the Solicitor's revisions to from client 9/2/2003 7059 7059 MIL Regulatory Office) mining site intended to be 7294 Affairs, BLM) regulations. confidential.
Schwartz, Sledge, Queen (proxy for Joel Yudson Draft Final Privileged - Denied Michael (Attorney, Div. of Mineral Resources) during Rule on Attorney- conditionally (Group period when the Solicitor's Office could not Location, Client. unless DOI shows Manager, receive emails from outside the Solicitor's Recording, that author is a Regulatory Office) and client and Affairs, BLM) Maintenance transmitted the MIL MIL 9/2/2003 of Mining draft to a lawyer 7060 7293 Claims or for review or Sites, 43 comment. C.F.R. 3710, 3730, 3820, 3830, 3840, and 3850.
25 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Schwartz, Sledge, Queen (proxy for Joel Yudson Draft Final Privileged - Denied Michael (Attorney, Div. of Mineral Resources) during Rule on Attorney- conditionally (Group period when the Solicitor's Office could not Location, Client. unless DOI shows Manager, receive emails from outside the Solicitor's Recording, that author is a Regulatory Office) and client and Affairs, BLM) Maintenance transmitted the MIL MIL 9/3/2003 of Mining draft to a lawyer 7294 7524 Claims or for review or Sites, 43 comment. C.F.R. 3710, 3730, 3820, 3830, 3840, and 3850. Hawbecker, Walston, Rod (Deputy Solicitor); Ferguson, Fred Email Privileged - Denied. Does not Karen E. (Assoc. Solicitor, Div. of Mineral Resources); regarding Attorney disclose (Attorney, Schaumberg, Peter (Deputy Assoc. Solicitor, OMB Work communication Div. of Div. of Mineral Resources) comments Product. from client Mineral on proposed intended to be MIL MIL Resources) rule under confidential nor 9/4/2003 7527 7527 43 C.F.R. the mental 3830. impressions, conclusions, opinions, or legal theories of a lawyer. Hawbecker, Haskins, Roger (Senior Specialist, Mining Law Fax regarding Privileged - Denied; deos not Karen Adjudication, BLM) proposed Attorney- disclose a MIL MIL (Attorney, revisions to Client. communication 10/9/2003 7831 7833 Div. of final rule 43 from a client Mineral C.F.R. 3830. intended to be Resources) confidential.
26 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.) Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)
Beg End Author / Document Privilege Attch. Date Receipient CC Ruling Doc # Doc# Sender Description Designation
Rieger, Nick Hawbecker, Karen (Attorney, Div. of Mineral Draft EA for Privileged - Denied; does not (Physical Resources) proposed Attorney- disclose a Scientist, rule to revise Client. communication MIL MIL 43 C.F.R. from a client 12/4/2003 Solids, BLM) 9009 9016 3830, with intended to be cover fax confidential. sheet.
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