Grunewald v. Jarvis, 924 F. Supp. 2d 355

Plaintiffs move to supplement the Administrative Record with one document titled Meeting the Invasive Species Challenge (2001).
Defendants argue supplementation is inappropriate; they did not include the document but will not object if cited.
FEIS is in the Administrative Record and contains a one-sentence entry about Executive Order 13112.
Executive Order 13112 refers to a future National Invasive Species Management Plan and the 2001 document.
Plaintiffs argue the 2001 document was before the agency and should be in the AR, through a chain of references.
Court holds that supplementing the Record is improper; the burden to show the document was before decisionmakers is not met.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether to supplement AR with 2001 document	Grunewald argues the document was before the agency.	Jarvis argues it is not appropriate or necessary to include it.	Denied; no supplementation.

WildEarth Guardians v. Salazar, 670 F. Supp. 2d 1 (D.D.C. 2009) (presumption of proper AR compilation; supplementation is the exception)
Pac. Shores Subdivision, Cal. Water Dist. v. U.S. Army Corps of Eng’rs, 448 F. Supp. 2d 1 (D.D.C. 2006) (supplementation requires clear evidence; not automatic)
Amfac Resorts, LLC v. U.S. Dep’t of the Interior, 143 F. Supp. 2d 7 (D.D.C. 2001) (limits on judicial second-guessing agency decisions)
Sara Lee Corp. v. Am. Bakers Ass’n, 252 F.R.D. 31 (D.D.C. 2008) (must show documents were before decisionmakers)
County of San Miguel v. Kempthorne, 587 F. Supp. 2d 64 (D.D.C. 2008) (distinguishes record supplementation boundaries)
Cape Hatteras Access Pres. Alliance v. U.S. Dep’t of Interior, 667 F. Supp. 2d 111 (D.D.C. 2009) (distinction between supplementing vs. going beyond the Record)
Fund for Animals v. Williams, 391 F. Supp. 2d 191 (D.D.C. 2005) (strong presumption of regularity in AR compilation)
Ctr. For Native Ecosystems v. Salazar, 711 F. Supp. 2d 1267 (D. Colo. 2010) (indirect citation argument stretched too far)