United States District Court, D. Minnesota
American Farm Bureau Federation, National Pork Producers Council, Plaintiffs,
U.S. Environmental Protection Agency Gina McCarthy, Administrator of the U.S. Environmental Protection Agency, Defendants, and Food & Water Watch, Environmental Integrity Project, and Iowa Citizens for Community Improvement, Intervenors
For American Farm Bureau Federation, Plaintiff: Jay C Johnson, Kathryn K Floyd, Meredith L Boylan, LEAD ATTORNEYS, PRO HAC VICE, Venable LLP, Washington, DC; Matthew C Berger, LEAD ATTORNEY, Dustan J Cross, Gary W Koch, Gislason & Hunter LLP - New Ulm, New Ulm, MN.
For National Pork Producers Council, Plaintiff: Jay C Johnson, Meredith L Boylan, LEAD ATTORNEYS, PRO HAC VICE, Venable LLP, Washington, DC; Matthew C Berger, LEAD ATTORNEY, Gary W Koch, Gislason & Hunter LLP - New Ulm, New Ulm, MN.
For Gina McCarthy, Administrator of the U.S. Environmental Protection Agency, U.S. Environmental Protection Agency, Defendants: Chad A Blumenfield, Pamela Marentette, LEAD ATTORNEYS, United States Attorney's Office, Minneapolis, MN.
For Food & Water Watch, Environmental Integrity Project, Iowa Citizens for Community Improvement, Intervenors: David J Warden, LEAD ATTORNEY, Daniel Q Poretti, Nilan Johnson Lewis PA, Mpls, MN; Jeffrey S Gulley, LEAD ATTORNEY, PRO HAC VICE, Government Accountability Project, Washington, DC.
AMENDED PROTECTIVE ORDER
ANN D. MONTGOMERY, UNITED STATES DISTRICT JUDGE.
Based on the undersigned's discretion and inherent power to modify a protective order, and in light of the agreement reached by Plaintiffs and Defendants, the Protective Order [Docket No. 66] governing this case is hereby amended.
Pursuant to Fed.R.Civ.P. 26(c), confidential information shall be disclosed only in designated ways:
1. Plaintiffs American Farm Bureau Federation and the National Pork Producers Council (collectively the " Plaintiffs") have filed a Complaint against Defendants United States Environmental Protection Agency and its Administrator, Gina McCarthy (collectively the " EPA" or " Defendants").
2. Pursuant to their Complaint, Plaintiffs seek preliminary and permanent injunctive relief prohibiting the release of certain information relating to farms and their operations (" Farm Information") (as defined below) which has been collected by the Defendants. By their Complaint, Plaintiffs have asserted that under the Freedom of Information Act (" FOIA"), the EPA has released, and intends to continue releasing, Farm Information that includes, among other things " farmers' names, home addresses, telephone numbers, email addresses, and GPS coordinates." Compl. ¶ 79. Plaintiffs also have alleged that this Farm Information is protected as " [p]ersonnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy" under FOIA Exemption 6 and should not be released. Defendants deny any violation of the FOIA or the Administrative Procedure Act.
3. Food & Water Watch, Environmental Integrity Project, and Iowa Citizens for Community Improvement (collectively " Intervenors") have filed a FOIA request with the EPA which includes a request for Farm Information which is at issue in this action, and which request has been deferred by the EPA pending the outcome of the instant case. In addition, Food & Water Watch is currently in possession of all records that were provided to Earthjustice, the Natural Resources Defense Council, and the Pew Charitable Trust in response to their September 11, 2012 and October 24, 2012 FOIA requests and has made these records available to the general public upon request.
4. The Parties have agreed that this is a case for review based upon the EPA's administrative record (the " Administrative Record").
5. The Administrative Record contains Farm Information, as defined below.
6. The parties agree that the entry of a Stipulated Protective Order (the " Protective Order") is warranted during the pendency of the litigation to protect against the disclosure of documents and ...