UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA HALL & ASSOCIATES, : : Plaintiff, : Civil Action No.: 19-1095 (RC) : v. : Re Document Nos.: 8, 9 : UNITED STATES ENVIRONMENTAL : PROTECTION AGENCY, : : Defendant. : MEMORANDUM OPINION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFF’S CROSS MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION This case arises out of the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and concerns requests for email distribution lists in the possession of the Environmental Protection Agency (“EPA”). Plaintiff filed FOIA requests for electronic copies of the email distribution lists used for communications sent by EPA in July 2018 and February 2019. EPA has withheld the email distribution lists pursuant to FOIA Exemption 6, which exempts matters that are “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552(b)(6). In their motions for summary judgment, the parties disagree about the scope of the “similar files” portion of Exemption 6 and about the private and public interests at stake in withholding or disclosing the email distribution lists. For the reasons explained below, the Court finds that Exemption 6 properly applies to the email distribution lists in question and, therefore, grants EPA’s motion for summary judgment and denies Plaintiff’s cross motion for summary judgment. II. FACTUAL BACKGROUND On July 13, 2018, the Water Security Division of EPA sent an email through an online platform called Constant Contact with the subject line “Prepare for Harmful Algal Blooms.” EPA Statement of Material Facts (“EPA’s SMF”) ¶ 2, ECF No. 8-2; Pl.’s Statement of Material Facts (“Pl.’s SMF”) ¶ 2, ECF No. 9-3. On February 14, 2019, EPA’s Office of Water sent an email, also through the Constant Contact platform, with the subject line “Conestoga River Watershed.” EPA’s SMF ¶ 21; Pl.’s SMF ¶ 22. Through two separate FOIA requests, Plaintiff requested an electronic copy of the email distribution lists used for each of these email communications. EPA’s SMF ¶¶ 1, 20; Pl’s SMF ¶¶ 2, 22. Each distribution list is constructed primarily by individual users voluntarily signing up to receive periodic updates from the respective EPA offices. EPA explains that individuals can be put on the Water Security Division distribution list by self-registering via text, being a registered attendee of a conference where the Water Security Division is an exhibitor, or by self- registering through the Water Security Division’s webpage. EPA’s SMF ¶ 3. Similarly, individuals can be put on the Office of Water’s distribution list by self-registering online and selecting from various topic areas of interest. Id. ¶ 22. When signing up through the online portal for either distribution list, the following language appears at the bottom of the webpage: By submitting this form, you are consenting to receive marketing emails from: US EPA [Water Security Division or Office of Water], 1200 Pennsylvania Ave NW, Washington, DC, 20460 United States . . . You can revoke your consent to ...
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