S. Env’t L. Ctr. v. Tenn. Valley Auth., No. 24-00110, 2024 WL 5202758 (E.D. Tenn. Dec. 23, 2024) (Greer, J.)
S. Env’t L. Ctr. v. Tenn. Valley Auth., No. 24-00110, 2024 WL 5202758 (E.D. Tenn. Dec. 23, 2024) (Greer, J.)
Re: Request for records concerning proposed natural gas plant and battery energy storage system in Cheatham County, Tennessee
Disposition: Denying defendant’s motion to dismiss for lack of subject matter jurisdiction
- Litigation Considerations, Mootness and Other Grounds for Dismissal & Exhaustion of Administrative Remedies: The court relates that “Defendant raises a factual challenge to the Court’s subject matter jurisdiction.” “Relying on the April 12, 2024, determination letter, Defendant claims that the case is moot because it ‘fully responded’ to Plaintiff’s FOIA request.” “Defendant contends that any claims Plaintiff has concerning the adequacy of the FOIA response are not properly before the Court because they have not been exhausted.” “Plaintiff maintains that the case is not moot because ‘outstanding issues remain about the adequacy of TVA’s search and assertion of exemptions.’”First, the court finds that “Defendant’s post-complaint FOIA response did not render the case moot.” “Although Defendant maintains that it fully responded to Plaintiff’s FOIA request, Plaintiff has identified multiple documents that it has reason to believe TVA withheld or unreasonably failed to locate.” “Given that the Complaint challenged the adequacy of Defendant’s FOIA response, and that issue has not been fully resolved, the Court retains the ability to give meaningful relief.” “Hence, the case is not moot.”
“Moreover, Plaintiff’s suit is not barred by failure to meet the exhaustion requirement.” “Here, Plaintiff requested records from TVA in July 2023.” “Defendant did not respond to that request until April 2024, well after the applicable time limit.” “Therefore, Plaintiff’s FOIA claims were constructively exhausted.” “The fact that Defendant provided a response after the commencement of this lawsuit does not change the analysis.”