ELR Citation: 48 ELR 20117
No(s). 17-2588 (JDB) (D.C. Cir. Jul 10, 2018)

The D.C. Circuit denied a newspaper reporter's motion for partial summary judgment to require EPA to publish calendar entries of the EPA Administrator's activities. The reporter argued that the Agency violated FOIA's reading-room provision by failing to make the Administrator's detailed calendar available in its electronic reading room on an ongoing basis. But the court disagreed. The reading-room provision does not enable plaintiffs to seek all future entries in the Administrator's detailed calendar on a rolling basis; it only requires an agency to make publicly available documents that have already been created, requested, and released in the past. The court, therefore, denied the reporter's motion for partial summary judgment and granted EPA's motion for partial summary judgment.