Aqualliance v. United States Bureau of Reclamation
Civil Action No. 2021-0632
| D.D.C. | Dec 8, 2021Background
- AquAlliance, a Northern California water-conservation nonprofit, FOIA-requested “a summary of the water transfers taking place in 2020” listing seller, buyer, amount, mechanism, timing, and approval status.
- The Bureau of Reclamation’s Regional FOIA Officer routed the request to the California Great Basin Division (CGB) custodian with subject-matter expertise.
- The CGB custodian searched the only location where such a summary would be maintained and found no agency-created 2020 summary; the office had moved to using a California-owned Water Transfer Information Management System in 2020.
- The Bureau informed AquAlliance that it did not generate the requested summary and provided a link to the state system; AquAlliance sued seeking the underlying information instead.
- Parties cross-moved for summary judgment; the central legal question was whether a search limited to summaries satisfied FOIA or whether the agency had to search for or create underlying records.
- The Court granted the Bureau’s motion, holding the agency fulfilled its FOIA obligations by reasonably searching for the specific summaries requested and was not required to create new compilations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether searching only for agency-created summaries satisfied FOIA | AquAlliance: Bureau should have searched for underlying source records that contain the requested information, not just for preexisting "summaries." | Bureau: It reasonably searched for the specific summaries requested and located no such summaries; it need not search beyond the scope of the request. | Court: Held for Bureau — search for summaries was adequate because AquAlliance asked specifically for summaries. |
| Whether the agency must create a summary from existing data | AquAlliance: Implied request for information warranting the creation or compilation of a summary. | Bureau: FOIA does not require agencies to create new records or compile information into a new document. | Court: Held for Bureau — agency had no obligation under FOIA to create the requested summary. |
Key Cases Cited
- Valencia-Lucena v. U.S. Coast Guard, 180 F.3d 321 (D.C. Cir. 1999) (search adequacy measured by whether search was reasonably calculated to uncover responsive records)
- Truitt v. Dep’t of State, 897 F.2d 540 (D.C. Cir. 1990) (same principle on adequacy of FOIA searches)
- Weisberg v. U.S. Dep’t of Justice, 745 F.2d 1476 (D.C. Cir. 1984) (adequacy of search judged by reasonableness under the circumstances)
- Military Audit Project v. Casey, 656 F.2d 724 (D.C. Cir. 1981) (agency affidavits may support summary judgment when they describe searches with reasonably specific detail)
- SafeCard Servs., Inc. v. SEC, 926 F.2d 1197 (D.C. Cir. 1991) (agency declarations entitled to presumption of good faith; speculative claims insufficient to rebut)
- Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136 (1980) (FOIA does not obligate agencies to create or retain records they do not have)
- DOJ v. Tax Analysts, 492 U.S. 136 (1989) (agency bears ultimate burden to show compliance with FOIA)