Grand Canyon Trust v. Zinke

311 F. Supp. 3d 381
CourtCourt of Appeals for the D.C. Circuit
DecidedMay 24, 2018
DocketCivil Action No. 17–849 (BAH)
StatusPublished
Cited by7 cases

This text of 311 F. Supp. 3d 381 (Grand Canyon Trust v. Zinke) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grand Canyon Trust v. Zinke, 311 F. Supp. 3d 381 (D.C. Cir. 2018).

Opinion

Chief Judge Beryl A. Howell

The plaintiff, Grand Canyon Trust, seeks attorney's fees and costs, pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552(a)(4)(E), arising from the plaintiff's underlying FOIA requests to defendants, the Department of the Interior's Office of the Secretary ("DOI-OS") and Bureau of Land Management ("BLM"), for documents regarding an order issued by the Secretary of the Interior concerning the Federal Coal Program, see Compl. ¶ 2, ECF No. 1. Within thirteen months of submitting the FOIA requests and four months of the filing of the complaint, the defendants disclosed, in whole or in part, 65,353 pages of records, which disclosures fully discharged the defendants' obligations under the FOIA. The parties reached a settlement regarding document production issues but contested the issue of attorney's fees. For the reasons set forth below, the plaintiff's Motion for Attorney Fees and Costs, Pl.'s Mot. Att'y's Fees ("Pl.'s Mot."), ECF No. 17, is denied because the plaintiff is ineligible for a fee award.

I. BACKGROUND

The plaintiff Grand Canyon Trust is "a non-profit corporation with over 3,500 members" and the mission "to protect and restore the lands, ecosystems, and environment of the Colorado Plateau, including those federal lands for which the mineral estate is owned or managed by the federal government by and through the U.S. Department of the Interior and the Bureau of Land Management pursuant to the Federal Coal Program." Compl. ¶ 11. In August 2016, the plaintiff submitted FOIA requests to the DOI-OS and BLM requesting "[a]ll documents and records concerning and supporting the development of the January 15, 2016 Secretarial Order 3338" and "[a]ll documents and records concerning the implementation of the January 15, 2016 Secretarial Order 3338, specific to Section 5, Pause of the Issuance of New Federal Coal Leases for Thermal Coal, and Section 6, Exclusions." Pl.'s Mot., Ex. 1, Decl. of Eric Ames ("Ames Decl."), Ex. C, Correspondence between Grand Canyon Trust and DOI-OS ("DOI-OS Correspondence") at 12, ECF No. 17-1; see also Ames Decl., Ex. D, Correspondence between Grand Canyon Trust and BLM ("BLM Correspondence") at 46, ECF No. 17-1.1 The two defendants' responses are detailed below, followed by a summary of the ensuing litigation.

A. The Plaintiff's FOIA Request to the Office of the Secretary

The DOI-OS acknowledged receipt of the plaintiff's August 2, 2016, request on *384August 16, 2016, and advised that the DOI-OS FOIA Office was "taking a 10-workday extension under 43 C.F.R. § 2.19" and would be "placing your request under the 'Complex' processing track." DOI-OS Correspondence at 17. Two months later, on October 18, 2016, the plaintiff sent a letter to the DOI-OS "objecting to the Office of the Secretary's failure to issue a determination within the statutory deadlines in the FOIA" and requesting "an estimated completion date." Compl. ¶ 33; see also DOI-OS Correspondence at 18-19. The DOI-OS responded on October 20, 2016, explaining that the FOIA office was "continuing to search for records" and would "provide records to you on a rolling basis as they become available." DOI-OS Correspondence at 21. The DOI-OS estimated that the agency's first response would be sent "on or about November 17, 2016." Id. Five days later, the DOI-OS again notified the plaintiff that the request was being processed. Id. at 22. Although the DOI-OS did not provide any files by November 16, 2016, the agency provided a "partial response" of 222 pages on December 2, 2016. Id. at 24; see also Compl. ¶ 36.

On January 17, 2017, the DOI-OS informed the plaintiff that its search had been completed and all responsive records located, noting that "the records are exceptionally voluminous-about 8,000 additional pages." DOI-OS Correspondence at 29. The DOI-OS further stated that although the office had "many requests that require our work and attention, we continue to work diligently on yours," with a final response expected "in early February." Id. On March 17, 2017, after not hearing from the DOI-OS in February, the plaintiff inquired about the timing of "a final response so that we can avoid taking additional steps to secure the public documents." Id. The DOI-OS promptly responded that the records were "currently with the Office of the Solicitor for comment," which is "the final, routine stage of review," and that the Office of the Solicitor "has a multitude of requests that require its attention" but was "working diligently to review the voluminous records that are responsive to your request." Id. In addition, the DOI-OS had located "several thousand additional pages of information" that were still being evaluated. Id. In April 2017, the DOI-OS informed the plaintiff that letters had been sent to several coal companies, notifying the companies that certain information submitted by the companies to the DOI-OS was responsive to the plaintiff's FOIA request and inviting the companies to submit any objections to the release of such information. Id. at 30-42.

Finally, on May 1, 2017, the plaintiff requested that the DOI-OS "identify the estimated completion date and provide a disclosure plan for the release of documents and records no later than the close of business on May 3, 2017."Id. at 45. On May 3, 2017, a FOIA Officer from the DOI-OS spoke with the plaintiff and stated that "a large portion of the documents were being reviewed by the Office of the Solicitor" and that "the request would take at least another two months to finalize." Defs.' Answer ¶ 43, ECF No. 18. The plaintiff then filed this lawsuit on May 9, 2017.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
311 F. Supp. 3d 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grand-canyon-trust-v-zinke-cadc-2018.