Tri-Valley Cares v. Department of Energy

MEMORANDUM **

Plaintiffs Tri-Valley Cares, Nuclear Watch of New Mexico, and individuals (collectively, “Tri-Valley”) appeal the district court’s order granting summary judgment in favor of Defendants United States Department of Energy and its auxiliaries (collectively, “DOE”). On appeal, Tri-Valley makes three specific arguments concerning the proposed construction of a federal government biological weapons research laboratory near San Francisco. First, Tri-Valley asserts that the DOE failed to comply with the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321-4370 (“NEPA”), by issuing a Finding of No Significant Impact (“FON-SI”) after analyzing the project in an Environmental Assessment. According to plaintiffs, the proposed research laboratory may have a significant effect on the human environment and, accordingly, the DOE must prepare an Environmental Impact Statement. Second, Tri-Valley claims that, under the Freedom of Information Act, 5 U.S.C. § 552 (“FOIA”), DOE failed timely to provide non-exempt documents. Third and finally, plaintiffs claim that the district court improperly struck portions of plaintiffs’ extra-record declarations. We review a district…