Competitive Enter. Inst. v. EPA, No. 15-0346, 2016 WL 355067 (D.D.C. Jan. 28, 2016) (Jackson, J.)

Competitive Enter. Inst. v. EPA, No. 15-0346, 2016 WL 355067 (D.D.C. Jan. 28, 2016) (Jackson, J.)

Re: Request for e-mails sent to or from false-identity email account created for then-EPA Administrator

Disposition: Dismissing plaintiff's complaint

• Litigation Considerations, Jurisdiction:  The court holds that "[s]ince the request for the only relief sought in this case has been rendered moot, the case will be dismissed."  The court explains that "[p]laintiff . . . filed this case against the United States Environmental Protection Agency . . . to challenge the agency's schedule for producing records under the [FOIA]."  "Since during the pendency of the action, the parties agreed upon a mutually acceptable timetable for a rolling production, and that production is complete, the lawsuit is now moot, and there are no grounds that would support retaining jurisdiction over the matter."
   
• Litigation Considerations, Pleadings:  The court holds that "it is not clear to the Court that this . . . complaint stated an independent claim that the EPA engaged in an unlawful pattern or practice, and more important, the record does not support the conclusion that there is a risk of future wrongdoing that would warrant retaining jurisdiction over a dispute that is otherwise moot."  "So again, plaintiff has failed to meet its burden to establish the existence of subject matter jurisdiction."