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Competitive Enterprise Institute v. EPA

Filing Date: 2012
Case Categories:
  • Federal Statutory Claims
    • Freedom of Information Act
      • Lawsuits Brought by Plaintiffs Aligned with Industry Interests
Principal Laws:
Freedom of Information Act (FOIA)
Description: Action seeking nonpublic emails from EPA officials concerning its “campaign against coal-fired power.”
  • Competitive Enterprise Institute v. EPA
    Docket number(s): 12-cv-1617
    Court/Admin Entity: D.D.C.
    Case Documents:
    Filing Date Type File Action Taken Summary
    01/29/2014 Memorandum Opinion Download EPA mot. for summ. j. granted in part, denied in part. In late January 2014, the district court for the District of Columbia ruled that EPA—having produced more than 10,000 documents and complied with the court’s orders to prepare sample Vaughn indices detailing the basis for withholding all or portions of documents—had in large part complied with Freedom of Information Act (FOIA), stating: “For the most part, … CEI speaks loudly and carries a small stick. Despite the group’s bold claims, the law and the record show that EPA has almost entirely complied with its obligations under FOIA and that it is entitled to summary.
    09/28/2012 Complaint Download Complaint filed. A conservative think tank filed a lawsuit against EPA pursuant to FOIA seeking disclosure of records relating to its top administrators’ nonpublic email accounts concerning climate change.  The complaint seeks documents related to the agency’s alleged “campaign against coal-fired power” which the complaint alleged was exhibited through EPA limits on air toxics emissions generated by coal-fired power plants and EPA’s so-called “endangerment” finding that GHG emissions pose a danger to public health.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.