Citations
- 272 F. Supp. 2d 59
Full opinion text
MEMORANDUM OPINION
LAMBERTH, District Judge.
This case comes before the Court on defendant Environmental Protection Agency’s motion for summary judgment and for a stay [66] and supplement [78], Landmark’s response [77], and EPA’s reply [82]. Also before the Court is Landmark’s cross-motion for summary judgment [76], EPA’s response [83], and Landmark’s reply [86] and supplemental memorandum [93]. Upon consideration of the briefing, the law, and the record in this case, EPA’s motion for summary judgment will be granted, and Landmark’s cross-motion will be denied.
I. Background
This case originated when Plaintiff filed a FOIA request with defendant EPA on September 7, 2000, seeking “[ijdentifieation of all rules or regulations for which public notice has not been given, but which public notice is planned by the EPA between September 7, 2000 and January 20, 2001, including but not limited to the rules or regulations referenced in the attached news article” and various types of documents relating to those rules and regulations. The news article indicated that EPA was attempting to push through certain regulations before the administration change. Dissatisfied with EPA’s response, Plaintiff filed the instant suit on September 29, 2000. While the suit was pending and Landmark was awaiting EPA’s response to its FOIA request, Landmark requested this Court to enter a preliminary injunction to ensure that all material potentially responsive to its FOIA request would be preserved during the administration change. The Court issued the injunction on January 19, 2001. As explained in detail in the Court’s opinion and order on Landmark’s motion for contempt issued this day, that injunction was not obeyed and potentially responsive material contained on hard drives and email backup tapes was destroyed. Upon discovering this massive noncompliance, EPA took action to rectify the situation by initiating an investigation by the Inspector General that included efforts to recover material from reformatted hard drives-efforts that bore some fruit. The Court has held EPA contempt and ordered it to pay Landmark’s costs and fees caused by EPA’s contumacious conduct. Having conducted search of all records now in its possession, EPA has moved for summary judgment in this case.
II. EPA’s Motion for Summary Judgment
A. Summary Judgment Standard
Reasonableness is the “guiding princi-for a court faced with a FOIA summary judgment motion. Weisberg v. U.S. Department of Justice, 745 F.2d 1476, 1485 (D.C.Cir.1984). The D.C. Circuit succinctly therein described the summary judgment standard for FOIA cases: to be entitled to summary judgment, an agency must show that it “conducted a ‘search’ ‘reasonably calculated to uncover all relevant documents.’ ” Id. at 1485 (citation omitted). It is not the result of the search that is the court’s focus, but its adequacy. Id. Adequacy “is judged by a standard of reasonableness and depends, not surprisingly, on the facts of each case.” Id. An agency may demonstrate the adequacy of its search by submitting “reasonably detailed, nonconclusory affidavits submitted good faith.” Id.
Landmark raises several arguments in opposing EPA’s summary judgment that are simply irrelevant to this standard. First, it argues that EPA did not comply with the timelines provided in the FOIA for expedited processing, nor the timelines agreed upon by the parties for the completion of EPA’s search. However, a lack of timeliness does not preclude summary judgment for an agency in a FOIA case. The only question for summary judgment is whether the agency finally conducted a reasonable search, and whether its withholdings are justified. WTien exactly a reasonable search was conducted is irrelevant. See, e.g., Atkins Dep’t of Justice, 1991 WL 185084 (D.C.Cir. Sept.18, 1991) (unpub.) (“The question whether DEA complied with the Freedom of Information Act’s (FOIA) time limitations in responding to Aaron Atkins’ request is moot because DEA has now responded to this motion.”); Tijerina v. Walters, 821 F.2d 789, 799 (D.C.Cir.1987) ‘[Hjowever fitful or delayed the release information under the FOIA may be ... we are convinced appellees have, howev-belatedly, released all nonexempt material, we have no further judicial function to perform under the FOIA.’ ”) (quoting Perry v. Block, 684 F.2d 121, 125 (D.C.Cir.1982)).
Landmark also argues that some documents