Conservation Force v. Ashe
2013 U.S. Dist. LEXIS 146670
| D.D.C. | 2013Background
- FOIA request by Conservation Force sought the entire Administrative Record for the 1999 straight-horned markhor downlist petition.
- Service produced 59 documents after suit but argued the search was sufficient and case moot.
- Court must decide whether the Service’s search was reasonably calculated to uncover all responsive records.
- Plaintiff contends the request covers records generated after the 90-day finding and up to the 12-month finding, i.e., beyond the pre-90-day scope.
- Service argues the administrative record ends with the 90-day finding and that the 12-month finding period produced no records.
- Court holds the request encompasses records post-90-day finding up to the failure to issue a 12-month finding, and that the search was incomplete, so the case is not moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of the administrative record under FOIA | Conservation Force argues the record includes post-90-day materials. | Service contends the record ends at the 90-day finding; no 12-month record. | Plaintiff prevails; scope includes post-90-day materials up to the 12-month finding. |
| Adequacy of the FOIA search | Search did not include documents generated after the 90-day finding. | Search limited to materials relied upon for the 90-day finding. | Search was inadequate; further search for the full administrative record required. |
| Mootness of the case | If full records not yet produced, case remains live. | Once responsive documents were produced, case moot. | Not moot; must conduct full search for the entire administrative record. |
Key Cases Cited
- Mead Data Central, Inc. v. U.S. Dep't of Air Force, 566 F.2d 242 (D.C. Cir. 1977) (de novo review for FOIA, scope of search guidance)
- Iturralde v. Comptroller of Currency, 315 F.3d 311 (D.C. Cir. 2003) (reasonableness standard for search adequacy)
- Hemenway v. Hughes, 601 F. Supp. 1002 (D.D.C. 1985) (liberal construction of FOIA requests; broad search duties)
- Ad Hoc Metals Coalition v. Whitman, 227 F. Supp. 2d 134 (D.D.C. 2002) (administrative record includes materials before final decision)
- Nordic v. USDA, not provided () (not applicable)