Our Children's Earth Found. v. Nat'l Marine Fisheries Serv., Nos. 14-01130, 14-04365, 2016 WL 234359 (N.D. Cal. Jan. 20, 2016) (Orrick, J.)
Our Children's Earth Found. v. Nat'l Marine Fisheries Serv., Nos. 14-01130, 14-04365, 2016 WL 234359 (N.D. Cal. Jan. 20, 2016) (Orrick, J.)
Re: Request for records concerning agency actions regarding upgrade of water diversion facilities and impacts those upgrades may have on steelhead trout and other endangered species
Disposition: Order resolving remaining issues; directing parties to submit stipulated form of judgment
- Exemption 7(C): The court "conclude[s] that [defendant] was justified in redacting the law enforcement officer information." Specifically, the court "conclude[s] that [defendant] has identified a cognizable privacy interest supporting redaction of the names and contact information." Additionally, the court "do[es] not see any public interest in disclosing the names and contact information." "The only public interest argument put forth by plaintiffs is their ability 'to be able to evaluate whether [defendant] is adequately searching its files by tasking these personnel with reviewing their files.'"
- Litigation Considerations, Preliminary Injunctions: The court "find[s] that further injunctive relief is not warranted." "In particular, the hard evidence provided about [defendant's] elimination of its backlog and the actual hiring of additional staff (as opposed to the mere promise or expectation of hiring additional staff), lead[s] [the court] to conclude that further injunctive relief is not warranted and that this case should, finally, come to its conclusion." "It is apparent . . . that [defendant] was at one time routinely failing to obey FOIA's deadlines." "It is also apparent that [defendant] has made significant improvements and structural changes (in technology and staffing) that are to continue in the future." "For purposes of these cases, that is enough."