Rocky Mountain Wild v. BLM, No. 18-0314, 2018 WL 233329 (D. Colo. Jan. 16, 2019) (Martinez, J.)

Rocky Mountain Wild v. BLM, No. 18-0314, 2018 WL 233329 (D. Colo. Jan. 16, 2019) (Martinez, J.)

Re:  Request for records concerning oil and gas leasing decisions

Disposition:  Granting defendant's partial motion to dismiss

• Litigation Considerations:  "[T]he Court agrees with the United States District Court for the District of the District of Columbia: 'Once an agency has made its final determination under § 552(a)(6)(A), the timeliness of that determination is no longer a live controversy fit for judicial review.'"
   
• Litigation Considerations, Special Counsel Provision:  The court holds that "the Special Counsel referral is also something that, in nearly every case, may not be considered until after judgment."
   
• Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court holds that "[plaintiff] . . . fails to state a claim for a pattern-or-practice violation."  The court finds that, while "[plaintiff] has adequately pleaded that it will continue to submit FOIA requests," it does not "support the allegation that BLM purposefully allocates resources away from FOIA activities" and further, plaintiff relies on its "continuing misconception that FOIA requires disclosure of documents within 20 or 30 days."