Ecological Rights Foundation v. U.S. Environmental Protection Agency
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 12 ECOLOGICAL RIGHTS FOUNDATION, Case No. 20-cv-06898-SI
Plaintiff,
ORDER ON CROSS MOTIONS FOR
v. SUMMARY JUDGMENT
U.S. ENVIRONMENTAL PROTECTION Re: Dkt. Nos. 30,
AGENCY,
17 Defendant. 18 Before the Court are cross summary judgment motions filed by the parties in this Freedom of Information Act (“FOIA”) dispute. Defendant U.S. Environmental Protection Agency (“EPA”) moves for summary judgment on whether it properly invoked Exemption 5 in withholding various records in response to a ten-part FOIA request from plaintiff Ecological Rights Foundation (“EcoRights”). Dkt. No. 30. EcoRights cross-moves for summary judgement on the same issue, and also requests this Court to issue declaratory and injunctive relief to address EPA’s alleged FOIA violations in this case and in others (i.e., a “pattern or practice” claim). Dkt. No. 31. For the reasons set forth below, the Court GRANTS defendant EPA’s summary judgment motion and…