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PacifiCorp v. EPA, No. 13-cv-02187, 2013 WL 5799953 (D. Colo. October 28, 2013) (Moore, J.)

Monday, October 28, 2013
Re: Request for documents concerning a consent decree relating to regional haze as defined by the Clean Air Act Disposition: Denying plaintiff's motion for preliminary injunction
  • Litigation Considerations:  The court holds that, "[p]laintiff has failed to show the requisite factors weigh in favor of granting [a preliminary injunction]."  The court does finds that, based on the submissions provided to the court "[p]laintiff has shown a substantial likelihood of success in establishing that the scope of Defendant's search was insufficient to constitute a complete and full response to Plaintiff's requests," and that, "[p]laintiff has also shown a substantial likelihood of success in showing that Defendant withheld documents without establishing the claimed exemption applies," but the court finds that, "[p]laintiff has not, however, met its burden as to its application for an order requiring Defendant to preserve all information potentially responsive to Plaintiff's requests," because, "[p]laintiff has presented no evidence that Defendant has or will destroy any records related to the requests."  Plaintiff also "has failed to meet its burden of showing any irreparable harm."  On balance, plaintiff has failed to show that he is entitled to the "extraordinary relief" he seeks. 
District Court
Litigation Considerations
Updated August 6, 2014