989 F. Supp. 2d 74
D.D.C.2013Background
- CEI filed FOIA requests to NASA (07-175, 07-172, 08-040) seeking records related to the 2007 temperature data corrections and Gavin Schmidt RealClimate correspondence.
- NASA produced some records but delayed responses; Inspector General found staffing and oversight issues as causes.
- CEI appealed the Initial Determinations; NASA issued a Final Determination reversing some findings and directing a broader search.
- NASA later released additional pages and the court considered CEI’s challenge to search adequacy and scope.
- CEI argued about specific directories and accounts (Steve, alternate_cleaning, Schmidt @columbia.edu, Schmidt @realclimate.org) and broader search requirements; the court addressed these in its ruling.
- The court granted in part and denied in part NASA’s summary judgment and ordered production of Steve directory materials and certain RealClimate-related emails.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CEI exhausted administrative remedies | CEI exhausted by appealing the final determinations | Exhaustion failed for unappealed 2007 requests | Exhaustion satisfied; court may review |
| Whether NASA's search was reasonably calculated to locate records | Search was incomplete (Steve dir., @columbia.edu, non-email records) | Search reasonable; limited scope justified by focus on emails | Search reasonable overall; directed production of Steve directory or Vaughn index for exemptions |
| Whether RealClimate emails are agency records | RealClimate emails related to agency business are agency records | RealClimate emails are personal unless tied to agency matters | Some RealClimate emails tied to agency business are agency records; others not required to be searched |
| Whether NASA should search Dr. Schmidt’s @realclimate.org emails | NASA should search @realclimate.org for agency-related emails | Domain not under agency control; not required to search | NASA must search for responsive emails involving @realclimate.org when exchanged with NASA accounts; not required to search the private domain |
| Whether discovery or spoliation relief is warranted | Bad faith and spoliation possible due to delays | Delays do not prove bad faith; affidavits sufficient | Discovery denied; protective order not warranted; good faith findings affirmed |
Key Cases Cited
- SafeCard Servicios, Inc. v. SEC, 926 F.2d 1197 (D.C. Cir. 1991) (agency affidavits entitle to presumption of good faith)
- Tax Analysts v. U.S. Dep't of Justice, 492 U.S. 136 (U.S. 1989) (agency records control factors; core test for agency records)
- Burka v. U.S. Dep't of Health & Human Servs., 87 F.3d 508 (D.C. Cir. 1996) (totality of the circumstances control test for agency records)
- Campbell v. U.S. Dep't of Justice, 164 F.3d 20 (D.C. Cir. 1998) (reasonableness standard for search; expand scope when leads arise)
- Weisberg v. U.S. Dep't of Justice, 705 F.2d 1344 (D.C. Cir. 1983) (summary judgment standard in FOIA; de novo review on appeal)