PacifiCorp v. U.S. Environmental Protection Agency

Filing 57

ORDER directing the EPA to confirm the accuracy of the Vaughan index by Judge Raymond P. Moore on 1/23/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 13BcvB02187BRM-CBS
PACIFICORP,
Plaintiff,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
THIS MATTER is before the Court on Defendant United States Environmental
Protection Agency’s Notices (ECF Nos. 51 & 55), filed in compliance with the Court’s Order
dated January 8, 2014 (ECF No. 50). In that Order, the Court found, based on the record before
it, that the EPA demonstrated it properly withheld information, except for information claimed
exempt under the attorney work-product privilege and two documents (EXE-3 and EXE-61).
Accordingly, the Court directed the EPA to address certain matters and the EPA has certified it
has done so in the Notices. Upon a review of the Notices, however, an issue is raised as to
whether there may be other errors in the Vaughan index which a review of the index alone would
not disclose. The Court has considered whether and what further action may be required in light
of the known – albeit de minimis – errors. The Court finds the current record is insufficient to
require an in camera review but the EPA should be required to confirm the accuracy of the
Vaughan index. It is therefore

ORDERED that within 14 days of the date of this Order, the EPA shall confirm the
accuracy of the Vaughan index by checking each document with the exemptions claimed or not
claimed, as the case may be; notifying Plaintiff PacifiCorp of the EPA’s findings; disclosing to
PacifiCorp any errors or inaccuracies; and filing with the Court a revised Vaughan index
highlighting any inaccuracies, if necessary, and a certification of compliance with this Order; and
FURTHER ORDERED that the Court will set a briefing schedule on the issue of
attorney’s fees after the completion of the matters ordered herein.
DATED this 23rd day of January, 2014.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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