Center for Biological Diversity v. EPA

Center for Biological Diversity also filed a Freedom of Information Act lawsuit against EPA seeking to compel disclosure of records, excluding emails, documenting EPA’s recommendations to the Office of Management and Budget Director regarding the 2009 endangerment finding for greenhouse gases under the Clean Air Act. The “Unleashing American Energy” executive order directed the EPA Administrator to submit joint recommendations with the heads of other relevant agencies “on the legality and continuing applicability” of the endangerment finding. CBD alleged that it was harmed by EPA’s failures to promptly comply with FOIA because “such violations preclude the Center from gaining a full understanding of EPA’s reasoning for seeking to reverse its finding that greenhouse gases threaten the public health and welfare of current and future generations.”