Update on EPA Lawsuit

As the few readers of this blog are aware, I opposed a motion by the U.S. Attorney to change the type of our Freedom of Information Act case from a Track two case to a Track One case.

The federal judge ruled in favor of the government and the case is now a Track One case.

However, in this ruling the federal judge allowed us the opportunity to issue discovery requests – which was my concern if the case track was changed. This opportunity is good news as it will hopefully allow us to make some important inquiries. We cannot issue the discovery requests for some time, per the judge's order.

The federal judge also ordered a schedule of what has to happen and when. The next step is up to the EPA – the agency has to produce an index of all of their documents by early September 2010. Please note that this index is not the documents themselves, but a list of the documents.

Lastly, I have offered to never issue a motion or other request without first checking with the U.S. Attorney handling the case, in deference to his time and workload. While it is extremely important for us to ascertain the extent of the environmental damage and causal health risks, we must also consider that the U.S. Attorney is also responsible for many serious and national issues, ergo my offer.

Don Quixote continues, sans Sancho Panza.