Sierra Club v. United States Environmental Protection Agency

ELR Citation: 49 ELR 20008
No(s). 18-cv-03472-EDL (N.D. Cal. Dec 26, 2018) (LaPorte, J.)

A district court granted an environmental group's motion for partial summary judgment against EPA for failure to respond to the group's FOIA requests. The group argued that the Agency violated FOIA by not making a determination whether to comply with the group's four FOIA requests within 20 business days of receipt. The Agency argued that it lacked the resources to comply with the scope of the requests. The court held that the group gave persuasive reasons for urgency of its requests and that the Agency's limited resources did not relieve it of its statutory obligation to promptly provide the requested documents. The court therefore granted the group's motion for partial summary judgment and ordered the Agency to produce the documents requested. 

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