NRDC v. Wright-Patterson Air Force Base

A district court granted a motion for summary judgment in a case brought by NRDC, which alleged that the Air Force failed to conduct an adequate search for records responsive to a Freedom of Information Act (FOIA) request concerning a $6 billion coal-to-liquid facility to be built in Ohio by a private company.  NRDC alleged that the facility would emit more than 26 million tons of GHGs and sought records concerning the federal government’s agreement to purchase any fuel generated by the facility.  After receiving the FOIA request, the Air Force sent the NRDC a response stating that no records had been found.  After no records were produced in response to subsequent FOIA requests, NRDC filed an action in federal court.  The Air Force moved for summary judgment on the ground that it had conducted an adequate search for responsive documents.  The district court granted the motion, holding that the agency had conducted an adequate search.