Case 1:18-cv-02336 Document 1 Filed 10/10/18 Page 1 of 13

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
)
)
)
)
and
)
)
AMERICAN OVERSIGHT,
)
1030 15th Street NW, B255
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Washington, DC 20005
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)
Plaintiffs, )
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v.
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U.S. DEPARTMENT OF THE INTERIOR,
)
1849 C Street NW
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Washington, DC 20240
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)
Defendant. )
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WESTERN VALUES PROJECT,
704C East 13th Street, Suite 568
Whitefish, MT 59937

Case No. 18-cv-2336

COMPLAINT
1.

Plaintiffs Western Values Project and American Oversight bring this action

against the U.S. Department of Interior under the Freedom of Information Act, 5 U.S.C. § 552
(FOIA), and the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, seeking declaratory
and injunctive relief to compel compliance with the requirements of FOIA.
JURISDICTION AND VENUE
2.

This Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B)

and 28 U.S.C. §§ 1331, 2201, and 2202.
3.

Venue is proper in this district pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C.

§ 1391(e).

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4.

Because Defendant has failed to comply with the applicable time-limit provisions

of the FOIA, Western Values Project and American Oversight are deemed to have exhausted
their administrative remedies pursuant to 5 U.S.C. § 552(a)(6)(C)(i) and are now entitled to
judicial action enjoining the agency from continuing to withhold agency records and ordering the
production of agency records improperly withheld.
PARTIES
5.

Plaintiff Western Values Project (WVP) is a nonprofit, public-interest

organization that gives voice to Western values in the national conversation about resource
development and public-lands conservation. WVP uses the information it gathers as well as its
analysis of it, to educate the public through reports, press releases, or other media. WVP also
makes the material it gathers available on its public website.
6.

Plaintiff American Oversight is a nonpartisan, non-profit section 501(c)(3)

organization primarily engaged in disseminating information to the public. American Oversight
is committed to the promotion of transparency in government, the education of the public about
government activities, and ensuring the accountability of government officials. Through research
and FOIA requests, American Oversight will use the information gathered, and its analysis of it,
to educate the public about the activities and operations of the federal government through
reports, published analyses, press releases, and other media. The organization is incorporated
under the laws of the District of Columbia.
7.

Defendant U.S. Department of the Interior (DOI) is a department of the executive

branch of the U.S. government headquartered in Washington, DC, and an agency of the federal
government within the meaning of 5 U.S.C. § 552(f)(1). DOI has possession, custody, and
control of the records that WVP seeks.

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STATEMENT OF FACTS
8.

Between August 21, 2017, and June 29, 2018, Plaintiff WVP submitted twelve

FOIA requests to DOI seeking access to records relating to Secretary of the Interior Ryan
Zinke’s compliance with his ethical obligations, including any use of taxpayer funds for travel
and political events, communications from personal email addresses, and involvement in a
planned development in Whitefish, Montana backed by the chairman of Halliburton. During that
same period, Plaintiff American Oversight also submitted a FOIA request seeking records
reflecting any involvement by Secretary Zinke in the contract to repair Puerto Rico’s energy
infrastructure following Hurricane Maria.
WVP Request: Denver Travel
9.

On August 17, 2017, WVP submitted a FOIA request to DOI seeking access to

the following records:
[A]ll receipts and other documents submitted by Secretary Ryan Zinke to
reimburse taxpayers for political events attended during his trip to the American
Legislative Exchange Council in Denver, CO from July 19-21.
This should include, but not be limited to any receipts, itineraries, schedules, or
any other documents submitted by Secretary Zinke concerning payment or
reimbursement for political expenses during this trip.
10.

A copy of the request is attached hereto as Exhibit 1 and incorporated herein.

11.

On August 29, 2017, DOI sent a letter acknowledging its receipt of this request.

DOI assigned the request tracking number OS-2017-01064.
WVP Request: Travel Files
12.

On September 21, 2017, WVP submitted a FOIA request to DOI seeking access

to the following records:
[T]he Secretary’s Travel Files for all trips involving air travel at any point since
and including March 1, 2017.

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This should include, but not be limited to, all records documenting cost, itinerary
and provider of air travel for the Secretary during this time period.
13.

A copy of the request is attached hereto as Exhibit 2 and incorporated herein.

14.

On October 18, 2017, DOI sent a letter acknowledging its receipt of this request.

DOI assigned the request tracking number OS-2017-01234.
WVP Request: AQD-91 Forms
15.

On October 2, 2017, WVP submitted a FOIA request to DOI seeking access to the

following records:
[A]ll AQD-91 forms submitted by Secretary Ryan Zinke or any other individual
in the Immediate Office of the Secretary at any point since and including March
1, 2017.
16.

A copy of the request is attached hereto as Exhibit 3 and incorporated herein.

17.

On November 3, 2017, DOI sent a letter acknowledging its receipt of this request.

DOI assigned the request tracking number OS-2018-00010.
WVP Request: Swift Emails
18.

On October 16, 2017, WVP submitted a FOIA request to DOI seeking access to

the following records:
[A]ll e-mails sent by or sent to Ms. Heather Swift from (and including) September
25, 2017 – October 15, 2017.
19.

A copy of the request is attached hereto as Exhibit 4 and incorporated herein.

20.

On November 17, 2017, DOI sent a letter acknowledging its receipt of this

request. DOI assigned the request tracking number OS-2018-00127.
WVP Request: Montana Travel
21.

On November 7, 2017, WVP submitted a FOIA request to DOI seeking access to

the following records:

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[T]he following records concerning the Interior Secretary Ryan Zinke’s trip to
Montana between October 27, 2017 – November 5, 2017:
•
•

A daily schedule of the Secretary’s events, meetings and activities
including locations and attendees; this should include all official travel
schedules for the Secretary during this time period.
All documents related to the Secretary and any family members’
government-sponsored travel during this time period; this should include
itineraries, receipts, written approvals, accommodations and any other
documents outlining the travel arrangements and funding (payment) for
the trip to Montana.

22.

A copy of the request is attached hereto as Exhibit 5 and incorporated herein.

23.

On December 20, 2017, DOI sent a letter acknowledging its receipt of this

request. DOI assigned the request tracking number OS-2018-00285.
WVP Request: Law Vegas Travel
24.

On February 23, 2018, WVP submitted a FOIA request to DOI seeking access to

records including:
[A]ll of Secretary Ryan Zinke’s official travel schedules from October 1, 2017 to
present, and all information related to food and lodging for him and those
traveling with him to Las Vegas, NV, in January 2018, including receipts for
dining and lodging for him and those traveling with him [to] Las Vegas . . . .
25.

A copy of the request is attached hereto as Exhibit 6 and incorporated herein.

26.

On May 3, 2018, DOI sent a letter acknowledging its receipt of this request. DOI

assigned the request tracking number OS-2018-00760.
27.

In the May 3, 2018, acknowledgment letter, DOI stated that the responsive

records WVP requested were publicly available, and that the Office of the Secretary’s response
to WVP’s request was complete. WVP responded on the same day to dispute the closing of its
request, and DOI acknowledged that it was closed in error and that DOI would continue
processing the request.

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WVP Request: CPAC Travel
28.

On March 23, 2018, WVP submitted a FOIA request to DOI seeking access to the

following records:
[D]ocuments showing all expenses and reimbursements for travel and security for
Secretary Zinke’s appearances at the Conservative Political Action Conference
(CPAC) at the Gaylord National Resort & Convention Center, in National Harbor,
Maryland, which took place between February 20, and February 25, 2018.
This should include but not be limited to: all expense reports, invoices,
reimbursements, and any other documentation of Secretarial and staff travel for []
all gas, mileage, trains, buses, lodging, meals, receptions, and any additional
expenses or reimbursements from or as a result of Secretarial, security, advance,
and other staffers travel to CPAC.
29.

A copy of the request is attached hereto as Exhibit 7 and incorporated herein.

30.

To the best of WVP’s knowledge, DOI has not assigned the request a tracking

number and has not sent a letter acknowledging the request.
WVP Request: Travel Schedules and North Dakota
31.

On April 23, 2018, WVP submitted a FOIA request to DOI seeking access to the

following records:
[A]ll of Secretary Ryan Zinke’s official travel schedules from April 4, 2018 to
April 10, 2018.
WVP also requested:
[D]ocuments showing all expenses and reimbursements for travel and security for
Secretary Zinke’s trip to North Dakota, from April 4, 2018 to April 10, 2018
including his appearance at the North Dakota GOP Convention.
This should include but not be limited to: all expense reports, invoices,
reimbursements, and any other documentation of Secretarial and staff travel for
all flights, gas, mileage, trains, buses, lodging, meals, receptions, and any
additional expenses or reimbursements accrued during, or as a result of
Secretarial, security, advance, and other staffers travel to North Dakota.
32.

A copy of the request is attached hereto as Exhibit 8 and incorporated herein.

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33.

On July 31, 2018, DOI sent a letter acknowledging its receipt of this request. DOI

assigned the request tracking number OS-2018-01400.
WVP Request: Personal Email
34.

On April 2, 2018, WVP submitted a FOIA request to DOI seeking access to the

following records:
[A]ll correspondence since January 19, 2017, between all official “@ios.doi.gov”
Department of Interior email addresses and all email addresses used by Secretary
Ryan Zinke, excluding his official “@ios.doi.gov” Department of the Interior
email. This should include, but not be limited to, all communications with the
following email addresses:
•
•
•
•
•
•
•

ryanzinke@yahoo.com
ryankzinke@yahoo.com
ryanzinke@gmail.com
ryankzinke@gmail.com
KonradZinke@gmail.com
Caribao@aol.com
RagnarZinke@gmail.com

“All correspondence” should include, but not be limited to, copies of digital and
hardcopy information sent by, sent to, carbon copying (“CC”), or blind carbon
copying (“BCC”) any of these email addresses during this time period.
35.

A copy of the request is attached hereto as Exhibit 9 and incorporated herein.

36.

On June 19, 2018, DOI sent a letter acknowledging its receipt of this request. DOI

assigned the request tracking number OS-2018-00968.
WVP Request: Private Server
37.

On April 2, 2018, WVP submitted a FOIA request to DOI seeking access to the

following records:
[A]ll correspondence, since January 19, 2017, between all official “@ios.doi.gov”
Department of Interior email addresses and any email address ending in
“@ryanzinke.com” since March 1, 2017.
“All correspondence” should include, but not be limited to, copies of digital and
hardcopy information sent by, sent to, carbon copying (“CC”), or blind carbon
copying (“BCC”) any of these accounts during this time period.
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38.

A copy of the request is attached hereto as Exhibit 10 and incorporated herein.

39.

On June 19, 2018, DOI sent a letter acknowledging its receipt of this request. DOI

assigned the request tracking number OS-2018-00967.
WVP Request: Whitefish Correspondence
40.

On June 22, 2018, WVP submitted a FOIA request to DOI seeking access to the

following records:
[A]ll correspondence, including but not limited to letters, texts, emails, and faxes,
between Secretary Ryan Zinke and Caroline Boulton and the following
individuals:
•
•
•
•
•
•
•

John Lesar
Katie Lesar
David Lesar
Sheryl Lesar
Bruce Boody
Casey Malmquist
Tim Grattan

“All correspondence” should include, but not be limited to, copies of digital and
hardcopy information sent by, sent to, carbon copying (“CC”), or blind carbon
copying (“BCC”) Steve Wackowski during this time period.
41.

A copy of the request is attached hereto as Exhibit 11 and incorporated herein.

42.

On July 10, 2018, DOI sent a letter acknowledging its receipt of this request. DOI

assigned the request tracking number OS-2018-01331.
WVP Request: Whitefish Keywords
43.

On June 29, 2018, WVP submitted a FOIA request to DOI seeking access to the

following records:
[A]ll correspondence sent to or sent by Heather Swift, Faith Vander Voort, and
Laura Keehner Rigas since May 1, 2017, that includes any of the following
keywords:
...
•

“Lesar”
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•
•
•
•
•
•
•

“Halliburton”
“Haliburton”
“Boody”
“Malmquist”
“Grattan”
“Peace Park”
“95 Karrow”

“All correspondence” should include, but not be limited to, copies of digital and
hardcopy information sent by, sent to, carbon copying (“CC”), or blind carbon
copying (“BCC”) any of these individuals during this time period.
44.

A copy of the request is attached hereto as Exhibit 12 and incorporated herein.

45.

On July 24, 2018, DOI sent a letter acknowledging its receipt of this request. DOI

assigned the request tracking number OS-2018-01368.
American Oversight Request: Puerto Rico Response
46.

On October 24, 2017, American Oversight submitted a FOIA request to DOI

seeking access to records reflecting (1) communications relating to Puerto Rico between political
appointees in the Office of the Secretary and particular government entities; (2) communications
between political appointees in the Office of the Secretary and the Office of the Governor of
Puerto Rico regarding Hurricane Maria and the damage to Puerto Rico’s energy infrastructure;
(3) communications between political appointees in the Office of the Secretary and certain
entities involved in a contract to repair Puerto Rico’s energy infrastructure; (4) communications
with those same entities forwarded to political appointees in the Office of the Secretary; and (5)
communications between political appointees in the Office of the Secretary, the Office of Insular
Affairs, or the Office of Congressional and Legislative Affairs containing certain keywords
relating to Hurricane Maria and Puerto Rico’s energy infrastructure.
47.

A copy of the request is attached hereto as Exhibit 13 and incorporated herein.

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48.

On November 14, 2017, DOI sent a letter acknowledging its receipt of this

request. DOI assigned the request tracking number OS-2018-00183.
Exhaustion of Administrative Remedies
49.

Upon information and belief, the DOI Office of the Secretary FOIA Office has

only four employees assigned to process FOIA requests, two of whom exclusively work on
matters related to litigation.
50.

As of the date of this complaint, DOI has failed to (a) notify either WVP or

American Oversight of any determination regarding their respective FOIA requests, including
the scope of any responsive records DOI intends to produce or withhold and the reasons for any
withholdings; or (b) produce the requested records or demonstrate that the requested records are
lawfully exempt from production.
51.

Through DOI’s failure to respond to WVP’s and American Oversight’s respective

FOIA requests within the time period required by law, WVP and American Oversight have
constructively exhausted their administrative remedies and seek immediate judicial review.
COUNT I
Violation of FOIA, 5 U.S.C. § 552
Failure to Conduct Adequate Search for Responsive Records
52.

Plaintiffs repeat the allegations in the foregoing paragraphs and incorporate them

as though fully set forth herein.
53.

Plaintiffs properly requested records within the possession, custody, and control

of DOI.
54.

DOI is an agency subject to FOIA and must therefore make reasonable efforts to

search for requested records.

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55.

DOI has failed to promptly review agency records for the purpose of locating

those records which are responsive to Plaintiffs’ respective FOIA requests.
56.

DOI’s failure to conduct an adequate search for responsive records violates FOIA.

57.

Plaintiffs are therefore entitled to injunctive and declaratory relief requiring

Defendant to promptly make reasonable efforts to search for records responsive to Plaintiffs’
respective FOIA requests.
COUNT II
Violation of FOIA, 5 U.S.C. § 552
Wrongful Withholding of Non-Exempt Responsive Records
58.

Plaintiffs repeat the allegations in the foregoing paragraphs and incorporate them

as though fully set forth herein.
59.

Plaintiffs properly requested records within the possession, custody, and control

of DOI.
60.

DOI is an agency subject to FOIA and must therefore release in response to a

FOIA request any non-exempt records and provide a lawful reason for withholding any
materials.
61.

DOI is wrongfully withholding non-exempt agency records requested by

Plaintiffs by failing to produce non-exempt records responsive to their respective FOIA requests.
62.

DOI is wrongfully withholding non-exempt agency records requested by

Plaintiffs by failing to segregate exempt information in otherwise non-exempt records responsive
to their respective FOIA requests.
63.

DOI’s failure to provide all non-exempt responsive records violates FOIA.

64.

Plaintiffs are therefore entitled to declaratory and injunctive relief requiring

Defendant to promptly produce all non-exempt records responsive to their respective FOIA

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requests and provide indexes justifying the withholding of any responsive records withheld under
claim of exemption.
REQUESTED RELIEF
WHEREFORE, Western Values Project and American Oversight respectfully request the Court
to:
(1) Order Defendant to conduct a search or searches reasonably calculated to uncover all
records responsive to Plaintiffs’ respective FOIA requests;
(2) Order Defendant to produce, within twenty days of the Court’s order, or by such other
date as the Court deems appropriate, any and all non-exempt records responsive to
Plaintiffs’ respective FOIA requests and indexes justifying the withholding of any
responsive records withheld under claim of exemption;
(3) Enjoin Defendant from continuing to withhold any and all non-exempt records
responsive to Plaintiffs’ respective FOIA requests;
(4) Award Plaintiffs the costs of this proceeding, including reasonable attorneys’ fees and
other litigation costs reasonably incurred in this action, pursuant to 5 U.S.C. §
552(a)(4)(E); and
(5) Grant Plaintiffs such other relief as the Court deems just and proper.

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Dated: October 10, 2018

Respectfully submitted,
/s/ Hart W. Wood
Hart W. Wood
D.C. Bar No. 1034361
/s/ John E. Bies
John E. Bies
D.C. Bar No. 483730
AMERICAN OVERSIGHT
1030 15th Street NW, B255
Washington, DC 20005
(202) 873-1743
hart.wood@americanoversight.org
john.bies@americanoversight.org
Counsel for Plaintiffs

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