ELR Citation: 51 ELR 20203
No(s). 21-632 (JEB) (D.D.C. Dec 8, 2021) (Boasberg, J.)

A district court granted summary judgment for the Bureau of Reclamation in a FOIA lawsuit brought by a company seeking summaries of certain water transfers. The company requested a summary of transfers taking place in 2020 under the Bureau's and San Luis & Delta-Mendota Water Authority's Long-Term Water Transfer program, listing what the summary should contain. The Bureau determined no such summary existed in its records, but said it would compile and make available certain information regarding water transfers later in the year. The company filed suit, asserting that the Bureau should have conducted a more in-depth search of its records for the information. The court found that while documents might exist that contain some of the sought information, the company did not describe what they could be and conceded that they were not summaries. Moreover, to the extent that the company would like the Bureau to "create" a summary using this information, it is well established that agencies are under no obligation to do so. The court granted the Bureau's motion for summary judgment.