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The defendant’s motion to dismissed was granted. The decision confirms the need for agencies to create and keep records — a win for transparency and accountability that should affect reforms far beyond EPA.

On February 22, 2018, CREW and Public Employees for Environmental Responsibility (PEER) challenged the failure of the Environmental Protection Agency (EPA) and EPA Administrator Scott Pruitt to adequately document EPA policies, decisions, and essential transactions as the Federal Records Act requires, and their failure to maintain a program that adequately documents EPA decisions and activities as contrary to law.

Plaintiffs also challenged the failure of the Archivist of the United States David S. Ferriero and the National Archives and Records Administration (NARA) to inform the EPA and Administrator Pruitt of these violations and make recommendations for their correction in writing, and to submit a written report of the matter to the president and Congress when satisfactory corrective measures have not demonstrably commenced within a reasonable time.

Click here to read the letter that CREW sent to Archivist Ferriero on September 12, 2017 highlighting many of the actions Administrator Pruitt and the EPA have taken, or refused to take, that appear to violate the FRA. CREW requested that the Archivist investigate the EPA and make recommendations for any record keeping violations to be redressed.

Lawsuit Documents

  • Complaint
    February 22, 2018
    Read here
  • Defendant's Motion to Dismiss
    May 1, 2018
    Read here
  • Declaration of EPA Agency Records Officer
    May 1, 2018
    Read here
  • Plaintiff's Opp. to D. Motion
    Plaintiff's Opposition to Defendant's Motion to Dismiss - May 22, 2018
    Read here
  • Defendant's Reply Memorandum
    Defendant's Reply Memorandum In Support of Motion to Dismiss - June 5, 2018
    Read here
  • Order Granting and Denying Defendant's Motion
    Order Granting in Part and Denying in Part Defendant's Motion to Dismiss - July 24, 2018
    Read here
  • Memorandum Opinion
    July 24, 2018
    Read here
  • Transcript
    August 8, 2018
    Read here
  • Defendant's Motion to Dismiss as Moot
    Defendant's Motion to Dismiss as Moot for Summary Judgement - Sept. 24, 2018
    Read here
  • Second Declaration of John B. Ellis
    September 24, 2018
    Read here
  • Answer
    September 24, 2018
    Read here
  • Plaintiff's Opposition to Defendant's Motion
    Plaintiff's Opposition to Defendant's Motion to Dismiss - October 15, 2018
    Read here
  • Rule 56(d) Declaration
    October 15, 2018
    Read here
  • Defendant's Reply Memorandum
    Defendant's Reply Memorandum in Support of Motion to Dismiss - Oct. 29, 2018
    Read here
  • Order and Memorandum Opinion
    January 10, 2019
    Read here

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