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Judicial Watch • JW v. Defense Dept. Dakota Pipeline complaint 01282

JW v. Defense Dept. Dakota Pipeline complaint 01282

JW v. Defense Dept. Dakota Pipeline complaint 01282

Page 1: JW v. Defense Dept. Dakota Pipeline complaint 01282

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Number of Pages:4

Date Created:June 29, 2017

Date Uploaded to the Library:June 30, 2017

Tags:01282, usace, pipeline, Sierra, Dept, Dakota, Defense, requested, complaint, responsive, Pentagon, defendant, filed, plaintiff, request, document, records, FOIA, Washington


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Case 1:17-cv-01282 Document Filed 06/29/17 Page THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
JUDICIAL WATCH, INC.,
425 Third Street SW, Suite 800
Washington, 20024,
Plaintiff,
U.S. DEPARTMENT DEFENSE,
1400 Defense Pentagon
Washington, 20301,
Defendant.
____________________________________)
Civil Action No.
COMPLAINT
Plaintiff Judicial Watch, Inc. brings this action against Defendant U.S. Department
Defense compel compliance with the Freedom Information Act, U.S.C. 552 FOIA grounds therefor, Plaintiff alleges follows:
JURISDICTION AND VENUE
The Court has jurisdiction over this action pursuant U.S.C. 552(a)(4)(B)
and U.S.C. 1331.
Venue proper this district pursuant U.S.C. 1391(e).
PARTIES
Plaintiff Judicial Watch, Inc. not-for-profit, educational organization
incorporated under the laws the District Columbia and headquartered 425 Third Street
SW, Suite 800, Washington, 20024. Plaintiff seeks promote transparency, accountability,
and integrity government and fidelity the rule law. part its mission, Plaintiff
regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the
Case 1:17-cv-01282 Document Filed 06/29/17 Page
responses and disseminates its findings and the requested records the American public
inform them about what their government to.
Defendant U.S. Department Defense agency the United States
Government. Defendant has possession, custody, and control records which Plaintiff seeks
access. Defendant headquartered 1200 Pennsylvania Avenue NW, Washington, 20460.
STATEMENT FACTS May 2017, Plaintiff submitted FOIA request the U.S. Army Corps
Engineers USACE component Defendant, seeking the following:
All records communication between USACE and Greenpeace, Sierra Club,
EarthJustice, Friends the Earth regarding the Dakota Access Pipeline
the Standing Rock Sioux Reservation.
All internal USACE emails communications discussing the efforts
Greenpeace, Sierra Club, EarthJustice, Friends the Earth, other
environmentalist groups halt delay construction the Dakota Access
Pipeline.
According email records, the relevant USACE components received the request May 10, 2017, and assigned the request Tracking Number FP-17-018294. the date this Complaint, Defendant has failed to: (i) produce the
requested records demonstrate that the requested records are lawfully exempt from
production; (ii) notify Plaintiff the scope any responsive records Defendant intends
produce withhold and the reasons for any withholdings; (iii) inform Plaintiff that may
appeal any adequately specific, adverse determination.
COUNT
Violation FOIA, U.S.C. 552
Plaintiff realleges paragraphs through fully stated herein.
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Case 1:17-cv-01282 Document Filed 06/29/17 Page
Plaintiff being irreparably harmed because Defendant violation FOIA,
and Plaintiff will continue irreparably harmed unless Defendant compelled comply
with FOIA.
10. trigger FOIA administrative exhaustion requirement, Defendant was
required determine whether comply with Plaintiff request June 27, 2017 the latest. minimum, Defendant was required to: (i) gather and review the requested documents; (ii)
determine and communicate Plaintiff the scope any responsive records Defendant intended produce withhold and the reasons for any withholdings; and (iii) inform Plaintiff that may
appeal any adequately specific, adverse determination. See, e.g., Citizens for Responsibility and
Ethics Washington Federal Election Commission, 711 F.3d 180, 188-89 (D.C. Cir. 2013).
11.
Because Defendant failed determine whether comply with Plaintiff request
within the time period required FOIA, Plaintiff deemed have exhausted its administrative
appeal remedies. U.S.C. 552(a)(6)(C)(i).
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant
conduct searches for any and all records responsive Plaintiff FOIA request and demonstrate
that employed search methods reasonably likely lead the discovery records responsive Plaintiff FOIA request; (2) order Defendant produce, date certain, any and all nonexempt records Plaintiff FOIA request and Vaughn index any responsive records
withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and
all non-exempt records responsive Plaintiff FOIA request; (4) grant Plaintiff award
attorneys fees and other litigation costs reasonably incurred this action pursuant U.S.C.
552(a)(4)(E); and (5) grant Plaintiff such other relief the Court deems just and proper.
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Case 1:17-cv-01282 Document Filed 06/29/17 Page
Dated: June 29, 2017
Respectfully submitted, Chris Fedeli
Chris Fedeli Bar No. 472919
JUDICIAL WATCH, INC.
425 Third Street SW, Suite 800
Washington, 20024
(202) 646-5172
Counsel for Plaintiff
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