Our Children's Earth Foundation v. National Marine Fisheries Service

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT

I. INTRODUCTION

Now before the Court are cross-motions for partial summary judgment seeking to resolve Freedom of Information Act (“FOIA”) claims in this environmental and administrative law case. ECF Nos. 34 (“Mot.”), 39 (“Opp’n & Cross-Mot.”). Plaintiffs are two groups of environmental advocates seeking summary judgment on their claims that Defendants, 1 the National Marine Fisheries Service (the “Fisheries *1079 Service”) and the Fish and Wildlife Service (“FWS”), failed to comply with the FOIA in responding to Plaintiffs’ requests for documents. Additionally, Plaintiffs allege that the Fisheries Service has a pattern and practice of such failures. Defendants disagree and have moved for summary judgment in their own right, arguing they have complied with the law.

The motions are fully briefed, ECF Nos. 47 (“Pis.’ Opp’n & Reply”), 49 (“Gov’t Reply”), and appropriate for resolution without oral argument under Civil Local Rule T — 1(b). For the reasons set forth below the motions are GRANTED IN PART and DENIED IN PART.

II. BACKGROUND

Plaintiffs have two intertwined concerns in this case: the fate of a…