Judge Splits Difference on EPA Cell Phone Records

Libertarians' pursuit of federal officials' text messages may proceed, a federal judge ruled, denying in part the Environmental Protection Agency's motion to dismiss a think tank's claims.

The Competitive Enterprise Institute (CEI), in response to the rejection of Freedom of Information Act requests for EPA-related texts, claimed the EPA "destroyed" more than 5,000 messages on agency-issued cell phones that contained "substantive agency communications." The EPA, in response, claimed that text messages were not "records" it was required to retain under the Federal Records Act.

CEI, a Washington, D.C.,-based "educational and public policy research institute," challenged the determination in Federal Court.The EPA sought dismissal for failure to state a claim. U.S. District Judge Rosemary Collyer on Thursday granted in part and denied the motion in part. Continue>>>