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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.)

Date

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."
Court Decision Topic(s)
District Court opinions
Exemption 7(C)
Litigation Considerations, Preliminary Injunctions
Updated January 13, 2022