Davidson v. Environmental Protection Agency

MEMORANDUM AND ORDER

LAMBERTH, District Judge.

This Freedom of Information Act case is before the Court on defendant’s motion to dismiss or, in the alternative, for summary judgment. In its motion, defendant Environmental Protection Agency (“EPA”) asserts that it located no records responsive to plaintiffs request. In a FOIA case, the Court may award summary judgment solely on the basis of information provided in affidavits or declarations when the affidavits or declarations describe “the documents and the justifications for nondisclosure with reasonably specific detail, demonstrate that the…