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Litigation
Competitive Enterprise Institute v. Attorney General of New York
About this case
Documents
Filing Date
Type
Action Taken
Document
Summary
04/19/2017
Decision
Decision/order issued awarding attorney fees to petitioner.
The New York Supreme Court awarded more than $20,000 in attorney fees and litigation costs to the Competitive Enterprise Institute (CEI), which brought a lawsuit against the New York Attorney General under the New York Freedom of Information Law (FOIL). CEI filed the proceeding after the Attorney General denied its FOIL request for common interest agreements with private parties and other state attorneys general regarding climate change investigations. In awarding fees to CEI, the court cited its November 2016 decision in favor of CEI and said that law of the case precluded further examination of the Attorney General’s arguments that CEI had not substantially prevailed or had not met statutory requirements for eligibility for fees. The court said that the Attorney General had “stonewalled” rather than provide the “straightforward response” to which CEI was entitled and that an award of substantial attorney fees was “particularly appropriate” to promote FOIL’s purpose and policy.
11/21/2016
Decision
Decision and order issued.
A New York Supreme Court agreed with the Competitive Enterprise Institute (CEI) that the New York Attorney General had not complied with its obligations under the Freedom of Information Law (FOIL) in response to CEI’s request for common interest agreements with private parties and other state attorneys general regarding climate change investigations. The court indicated that the publication by a third party of a common interest agreement between state attorneys general did not moot CEI’s claims, and ordered the New York Attorney General to provide more detail regarding its search for common interest agreements involving non-state parties. The court also said that the New York Attorney General had the burden of demonstrating that FOIL exemptions applied to any responsive records that it determined were not subject to disclosure. The court also ruled that CEI was entitled to attorney fees.
08/31/2016
Petition
Petition filed.
Competitive Enterprise Institute (CEI) filed a proceeding in New York State Supreme Court under the New York Freedom of Information Law (FOIL) seeking to compel the New York Attorney General (NYAG) to produce documents in response to CEI’s request for common interest agreements entered into by the NYAG during a specified period in 2016. CEI said it believed that the NYAG had shared information, consulted, and communicated with private parties and other attorneys general regarding climate change policies and possible investigation of entities opposed to climate policies. CEI’s FOIL request came after ExxonMobil confirmed in November 2015 that it had received a subpoena from the NYAG and after the NYAG participated in a press conference in March 2016 with other state attorneys general to announce a coalition to pursue climate change-related initiatives. The NYAG denied CEI’s FOIL request, asserting that the records were exempt from disclosure because they were shielded by attorney-client privilege and the work product doctrine, were compiled for law enforcement purposes, and were inter-agency or intra-agency materials.
Summary
Proceeding seeking to compel disclosure by the New York Attorney General of common interest agreements in connection with climate change-related investigations.