Landmark Legal Foundation v. Environmental Protection Agency (82 F. Supp. 3d 211, 2015)

MEMORANDUM OPINION

Royce C. Lamberth, United States District Judge

Before the Court is the plaintiffs motion [46] for spoliation sanctions against the defendant Environmental Protection Agency (“EPA”). Upon consideration of the plaintiffs motion [46], the defendant’s opposition [55], the plaintiffs reply [59], the defendant’s surreply [62], the arguments presented by both parties at the motion hearing held on January 28, 2015, the applicable law, and the entire record herein, the Court will DENY the plaintiffs motion for spoliation sanctions.

Two possible explanations exist for EPA’s conduct following Landmark Legal Foundation’s filing of a Freedom of Information Act (“FOIA”) request in August 2012. Either EPA intentionally sought 4o eyade Landmark’s lawful FOIA request so the agency could destroy responsive documents, or EPA demonstrated apathy and carelessness toward Landmark’s request. Either scenario reflects poorly upon EPA and surely serves to diminish the public’s trust in the agency. While the government is correct that the record does not support a finding of punitive spoliation sanctions, the Court shall take this opportunity to express its discontent with EPA’s continued disregard for its FOIA obligations.

I. BACKGROUND

Landmark is a public interest law firm focused on Politically conservative causes. ‘