905 F. Supp. 2d 356
D.D.C.2012Background
- Sierra Club filed FOIA requests with TVA seeking documents about a Tennessee coal plant and related information (Apr–Jun 2012).
- TVA issued a draft Environmental Assessment and opened a public comment period later extended to Nov 30, 2012.
- Sierra Club sought to expedite requests and received a “partial response” in early Nov 2012.
- Plaintiff filed this action on Nov 15, 2012 and moved for a preliminary injunction the same day.
- Court denies the injunction on personal jurisdiction grounds and transfers the case to the Eastern District of Tennessee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FOIA provides personal jurisdiction over TVA. | Sierra Club argues FOIA § 552(a)(4)(B) provides jurisdiction. | TVA contends FOIA does not confer personal jurisdiction in D.C. | FOIA § 552(a)(4)(B) does not confer personal jurisdiction. |
| Whether TVA’s presence/contacts in the forum give the court specific or general jurisdiction. | Sierra Club cites TVA’s D.C. office as basis for jurisdiction. | TVA’s contacts do not establish jurisdiction; government-contacts exception applies. | TVA’s D.C. office fits government-contacts exception; no personal jurisdiction. |
| Whether the case should be transferred rather than dismissed for lack of jurisdiction. | Transfer to the Eastern District of Tennessee is appropriate. | Not explicitly argued; court evaluates transfer as proper. | Transfer to the Eastern District of Tennessee appropriate. |
Key Cases Cited
- Omni Capital Int’l, Ltd. v. Rudolf Wolff & Co., Ltd., 484 U.S. 97 (1987) (congressional silence limits nationwide service of process; do not invent jurisdictional reach)
- Jones v. U.S. Nuclear Regulatory Comm’n, 654 F. Supp. 130 (D.D.C. 1987) (FOIA TVA personal jurisdiction question; venue considerations; conflicting precedents)
- Murphy v. TVA, 559 F. Supp. 58 (D.D.C. 1983) (FOIA and TVA personal jurisdiction; simultaneous enactment not conclusive)
- E. Tenn. Research Corp. v. TVA, 416 F. Supp. 988 (D.D.C. 1976) (issues about TVA subject to FOIA and jurisdiction; vacated on other grounds)
- Robertson v. Railroad Labor Bd., 268 U.S. 619 (1925) (nationwide venue does not imply nationwide service of process)