Competitive Enter. Inst. v. EPA, No. 13-1532, 2014 WL 4359191 (D.D.C. Sept. 4, 2014) (Collyer, J.)

Competitive Enter. Inst. v. EPA, No. 13-1532, 2014 WL 4359191 (D.D.C. Sept. 4, 2014) (Collyer, J.)

Re: Request for certain officials' text messages

Disposition: Granting in part and denying in part defendant's motion for summary judgment

• Litigation Considerations:  The court holds that "[b]ecause FOIA only addresses an agency's disclosure requirements and not its record-keeping obligations, [plaintiff] cannot state a claim for the unlawful destruction of records under FOIA."  "In any event, [plaintiff] does not oppose EPA's argument regarding the inapplicability of FOIA to this dispute" and "therefore has abandoned and waived this claim."