Case 1:17-cv-01261-CRC Document 17 Filed 07/05/18 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
AMERICAN OVERSIGHT,
)
)
Plaintiff, )
)
v.
)
)
U.S. ENVIRONMENTAL PROTECTION
)
AGENCY
)
)
Defendant. )

Case No. 17-1261 (CRC)

NOTICE OF EXPANDED SCOPE OF SUMMARY JUDGMENT BRIEFING
Plaintiff, by and through undersigned counsel, respectfully submits the following notice
alerting the Court to an expanded scope of summary judgment briefing in the instant action.
Plaintiff originally agreed, based on Defendant’s representations during the meet-andconfer process, not to contest the adequacy of Defendant’s search for responsive records in
summary judgment briefing. ECF No. 14, ¶ 3. However, newly reported statements by a top
former aide to EPA Administrator Scott Pruitt give Plaintiff grave concerns about the adequacy
of Defendant’s search for records responsive to Plaintiff’s Pruitt FOIA request, and Plaintiff will
now challenge the adequacy of Defendant’s search.
This week CNN reported that Administrator Pruitt’s former Deputy Chief of Staff for
Operations, Kevin Chmielewski, stated that Administrator Pruitt maintained a “secret” calendar
that has never been made public in documents released by Defendant. Scott Bronstein et al.,
Whistleblower: EPA’s Pruitt Kept Secret Calendar to Hide Meetings, CNN (July 3, 2018, 2:37
PM) https://www.cnn.com/2018/07/02/politics/scott-pruitt-whistleblower-secretcalendar/index.html (“Chmielewski said some events were only recorded in a ‘secret’ calendar

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 Case 1:17-cv-01261-CRC Document 17 Filed 07/05/18 Page 2 of 3

and have not been made public in documents released by the EPA.”). Mr. Chmielewski then
repeatedly stated in a televised interview that Administrator Pruitt maintained a third calendar,
which was kept on Pruitt’s iPad. All In with Chris Hayes, MSNBC, July 3, 2018,
https://www.youtube.com/watch?v =nU2vVgQWLmE.1 These reports raise concerns that there
are additional responsive calendars pertaining to Administrator Pruitt, and possibly to other staff
members whose calendars American Oversight sought in its request, that were not included in
the search and production EPA completed in this matter. See Joint Status Report, ECF No. 13, ¶¶
1–2.
Plaintiff has notified Defendant that Plaintiff now contests the adequacy of Defendant’s
search for records responsive to Plaintiff’s Pruitt FOIA request. Defendant has stated that it will
address Plaintiff’s challenge to the adequacy of the search in its summary judgment filing,
which, per the consent motion filed June 25, 2018, is expected to be filed on July 18, 2018. ECF
No. 15. Plaintiff believes that if Defendant fails to adequately demonstrate that it has reliably
identified and searched the likely locations of responsive records for all custodians in light of the
allegations that at least Administrator Pruitt maintained multiple calendars, including a “secret”
calendar never produced by EPA, then limited discovery may be necessary.
If the Court believes that a status conference would aid in clarifying the concerns raised
by recent reporting and the necessary scope of summary judgment briefing, Plaintiff’s counsel is
available the week of July 9, 2018.

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A recent report that Administrator Pruitt installed the former treasurer of his political action
committee in a position overseeing the release of sensitive records responsive to FOIA requests
enhances Plaintiff’s concerns about the adequacy of Defendant’s search and production process
for records responsive to Plaintiff’s request for Administrator Pruitt’s calendars. Anthony
Adragna & Emily Holden, Pruitt Ally Decides Which of His Records See the Light of Day,
POLITICO (July 3, 2018, 1:49 PM), https://www.politico.com/story/2018/07/03/pruitt-pactreasurer-public-records-releases-667031.
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Dated: July 5, 2018

Respectfully submitted,
/s/
Elizabeth France
D.C. Bar No. 999851
Sara Kaiser Creighton
D.C. Bar No. 1002367
Daniel A. McGrath
D.C. Bar No. 1531723
John E. Bies
D.C. Bar No. 483730
AMERICAN OVERSIGHT
1030 15th Street NW, B255
Washington, DC 20005
(202) 897-2465
beth.france@americanoversight.org
sara.creighton@americanoversight.org
daniel.mcgrath@americanoversight.org
john.bies@americanoversight.org
Counsel for Plaintiff

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