Legal Opinion

Bensman v. National Park Service

District Court, District of Columbia

Decided August 10, 2011No. Civil Action No. 2010-1910PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION

JAMES E. BOASBERG, District Judge.

Plaintiff Jim Bensman brought this action against Defendant National Park Service under the Freedom of Information Act. Bensman alleges that NPS has violated FOIA by improperly denying his request for a public-interest fee waiver; he also claims that NPS failed to adhere to FOIA’s 20-workday time limit for reaching a determination on his request. Both parties now move for summary judgment under Federal Rule of Civil Procedure 56(a). Because the Court finds that NPS exceeded its statutory time limit and thus cannot assess fees here, it need…

2Cases cited25 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. United States v. Mead Corp.Supreme Court of the United States · 2001
  4. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
  5. Holcomb, Christine v. Powell, DonaldCourt of Appeals for the D.C. Circuit · 2006

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3Cited by9 opinions

  1. National Security Counselors v. Central Intelligence AgencyDistrict Court, District of Columbia · 2012
  2. Coleman v. Drug Enforcement AdministrationCourt of Appeals for the Fourth Circuit · 2013
  3. Bartko v. United States Department of JusticeDistrict Court, District of Columbia · 2015
  4. Rosenberg v. United States Department of Immigration and Customs EnforcementDistrict Court, District of Columbia · 2013
  5. Public Employees for Environmental Responsibility v. U.S. Department of CommerceDistrict Court, District of Columbia · 2013

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