N'Jai v. EPA, No. 13-1212, 2014 WL 2508289 (W.D. Pa. June 4, 2014) (Fisher, J.)

N'Jai v. EPA, No. 13-1212, 2014 WL 2508289 (W.D. Pa. June 4, 2014) (Fisher, J.)

Re: Request for records concerning EPA investigation of plaintiff's environmental complaint

Disposition: Dismissing plaintiff's claim for lack of jurisdiction

• Litigation Considerations, Mootness:  The court holds that, "as all documents responsive to Plaintiff's FOIA request have been produced by the EPA, her FOIA claim is moot and must be dismissed for lack of jurisdiction."  "The Court finds [defendant's] declaration to be in good faith and sufficiently detailed so as to establish the EPA's compliance with its duty under FOIA to conduct an adequate search for, and to produce, records that are responsive to the Plaintiff's request."  The court explains that defendant's "declaration sets forth the procedures utilized by EPA's Region III for locating documents responsive to a FOIA request."  "This includes a search of the EPA's electronic databases . . . as well as a request for records from the EPA's Federal Records Coordinator and the EPA inspector assigned to the property in question."  The court also explains that "[p]laintiff does not dispute the adequacy of the EPA's search for responsive documents, nor does she point to any evidence suggesting that additional documents are within EPA's possession but have not been turned over."  "Although Plaintiff complains that the Agency's response took too long and that [defendant] impeded the process in bad faith, Plaintiff does not dispute that the EPA has satisfied, albeit belatedly, its obligations under FOIA."