Complaint Against U.S. Environmental Protection Agency Filed by Public Employees for Environmental Responsibility. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Agency Summons, # 3 Summons US AG, # 4 Summons)(Zimmerman, Colleen)
1Public Employees for Environmental Responsibility (“Plaintiff” or “PEER”) brings this action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, et seq., as amended, and the Privacy Act, 5 U.S.C. § 552a(d)(1), to compel the United States Environmental Protection Agency (“EPA”) to disclose records that PEER requested pursuant to FOIA and the Privacy Act that are now almost three months overdue for a final determination of whether to comply with the request and the reasons therefore. EPA has neither made a final determination nor produced any records responsive to this request.
2On November 19, 2025, PEER submitted a combined FOIA/Privacy Act request regarding the reassignment of Dr. Sarah Gallagher, on behalf of its client, Dr. Sarah Gallagher. To date, Defendant has failed to make a final determination on PEER’s FOIA/Privacy Act request and has failed to disclose any of the requested records within the time stipulated under FOIA. Defendant also failed to disclose records as required by the Privacy Act, 5 U.S.C. § 552a(d).
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This complaint seeks to remedy Defendant’s failure to respond to a routine request within the mandated time period under FOIA and as required by the Privacy Act.
JURISDICTION AND VENUE
3This Court has jurisdiction over this action under FOIA, 5 U.S.C. § 552(a)(4)(B), and the Privacy Act, 5 U.S.C. § 552a(g)(1)(B). This Court also has federal question jurisdiction over this action under 28 U.S.C. § 1331.
4This Court has the authority to grant declaratory relief pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201, et seq.
5This Court is a proper venue under 5 U.S.C. § 552(a)(4)(B) (providing for venue in FOIA cases where the plaintiff resides, or in the District of Columbia). Venue also lies in this court pursuant to the Privacy Act, 5 U.S.C. 552a(g)(5) (providing for venue in Privacy Act cases where the complainant resides, where agency records are situated, or in the District of Columbia).
6This Court has the authority to award reasonable costs and attorneys’ fees under 5 U.S.C. § 552(a)(4)(E) (FOIA) and 5 U.S.C. § 552a(g)(3)(B) (Privacy Act).
PARTIES
7Plaintiff PEER is a non-profit public interest organization incorporated in Washington, D.C., and headquartered in Silver Spring, Maryland.
8Among other public interest projects, PEER engages in advocacy, research, education, and litigation relating to the promotion of public understanding and debate concerning key current public policy issues. PEER focuses on the environment, including public lands and natural resource management, the regulation and remediation of toxic substances, public funding of environmental and natural resource agencies, and government accountability. PEER educates
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and informs the public through news releases to the media, through its web site, www.peer.org, and through publication of the PEEReview newsletter.
9Defendant EPA is an agency of the United States as defined by 5 U.S.C. § 552(f)(1).
10EPA is charged with the duty to provide public access to records in its possession consistent with the requirements of FOIA. The failure of EPA to provide PEER with the records requested and its failure to make a final determination on PEER’s FOIA/Privacy Act request within twenty working days are violations of FOIA.
STATEMENT OF FACTS
11On September 22, 2025, Dr. Sarah Gallagher was notified that she would be transferred from EPA’s Office of Research and Development (ORD), an office that EPA is dismantling, to the agency’s newly created Office of Applied Science and Environmental Solutions (OASES) on October 19, 2025. While at ORD, Dr. Gallagher was a Biologist, a position she held since January 26, 2025. Her new title at OASES will likely be Project Officer.
12On November 19, 2025, PEER submitted a FOIA/Privacy Act request and Privacy Act waiver signed by Dr. Gallagher seeking the following between November 5, 2024 – November 19, 2025:
a. All documents and communications (including, but not limited to, emails, text
messages, notes, Teams messages, transcribed voice mails, letters, spreadsheets, and memos) that discuss and/or explain the placement/reassignment/transfer of Dr. Sarah Gallagher from ORD to OASES, including whether any other offices were considered for her reassignment, such as the Office of Chemical Safety and Pollution Prevention (OCSPP), Office of Water (OW), Office of Land and Emergency Management (OLEM), and Office of Air and Radiation (OAR).
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b. All documents and communications (including, but not limited to, emails, text
messages, notes, Teams messages, transcribed voice mails, letters, spreadsheets, and memos) that include discussions, opinions, or comments on her credentials, experience, work performance, character, status as a whistleblower, and/or past experiences working/interacting with her.
13On November 19, 2025, EPA sent an email to PEER acknowledging receipt of the request and assigning the request tracking number 2026-EPA-01067.
14On November 20, 2025, EPA sent an email to PEER requesting further confirmation of representation. Specifically, EPA requested that Dr. Sarah Gallagher contact the EPA FOIA Office using her EPA email address to confirm the representation.
15On November 21, 2025, Dr. Gallagher emailed the EPA FOIA Office confirming PEER’s representation. EPA confirmed receipt of Dr. Gallagher’s email.
16On November 24, 2025, EPA sent a letter to PEER stating that PEER’s request for a fee waiver under FOIA was denied. In its FOIA/Privacy Act request, however, PEER cited that “[u]nder the Privacy Act, no fees may be charged for the cost of searching or reviewing records, but only for copying. 43 C.F.R. § 2.239(d). PEER is willing to pay up to $25.00 in copying fees.”
17On November 25, 2025, EPA sent an acknowledgement letter to PEER.
18On December 9, 2025, EPA emailed PEER requesting that Dr. Gallagher complete a Consent for Disclosure of Records Protected Under the Privacy Act form.
19On December 10, 2025, EPA sent an email to PEER, stating that “[a]n initial review of your request indicates a need to consult with, and collect records from, multiple components of the Agency (unusual circumstances). Therefore, your request is being placed on the “complex” processing track with an estimated completion date of March 24, 2026.”
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20On December 11, 2025, PEER sent an email to EPA with the Consent for Disclosure of Records Protected Under the Privacy Act form completed by Dr. Gallagher and a copy of the email she sent to the EPA FOIA Office confirming PEER’s representation. Additionally, PEER sent a second email that day requesting an interim production schedule in light of the estimated completion date. EPA did not respond to PEER’s emails.
21On January 9, 2026, PEER emailed EPA to follow-up on its previous request for an interim production schedule. EPA did not respond to PEER’s email.
22On February 19, 2026, PEER emailed EPA again to follow-up on its previous request for an interim production schedule.
23On February 23, 2026, EPA responded to PEER, stating that the officer was reviewing multiple requests, could not provide an estimated time of completion due to the multiple offices that were required for consultation, and the search parameters of the request pulled a voluminous number of records which required extensive work.
24On March 23, 2026, EPA sent an email to PEER stating that “[a]n initial review of your request indicates a need to consult with, and collect records from, multiple components of the Agency (unusual circumstances). Therefore, your request is being placed on the “complex” processing track with an estimated completion date of June 17, 2026.”
25To date, PEER has not received a final determination nor any records related to this request.
CAUSE OF ACTION – FOIA
26Plaintiff incorporates the allegations in the preceding paragraphs as though fully set forth herein.
27FOIA requires federal agencies to respond to public requests for records, including files maintained electronically, to increase public understanding of the workings of government
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Public U.S. federal court record (district court docket 73111757, document 1). Source via the RECAP Archive (Free Law Project). The same record is available from PACER. Informational only — not legal advice.