Victory for Summit Client ACF

On November 18, 2015, the U.S. District Court for the District of Alaska announced its decision quashing third-party subpoenas issued by Pebble Limited Partnership against Alaska Conservation Foundation and ACF’s former Bristol Bay Program Officer Sam Snyder. The subpoenas are related to a lawsuit that Pebble filed last year against the Environmental Protection Agency, alleging that EPA failed to comply with the procedural requirements of the Federal Advisory Committee Act in reaching the decision to recommend using its powers under the Clean Water Act to prohibit the development of a large mine in the Bristol Bay watershed. Pebble served extraordinarily broad document production subpoenas on ACF and more than 70 other third parties across the country, including Tiffany’s in New York, Patagonia, and the University of Washington. Motions by third parties like ACF to quash the subpoenas, and motions to compel production by Pebble, were filed in district courts in multiple jurisdictions including California, Alaska, Washington, Montana, and Washington, DC. ACF’s legal team, led by Summit attorneys Jeff Feldman and Sara Kelly, took an aggressive approach on behalf of ACF and its motion to quash was the first one out of the chute. In granting ACF’s motion to quash, the District Court adopted all of the arguments ACF advanced, and noted that Pebble’s subpoenas were “pushing the envelope.” To view a copy of the Court’s Opinion, please click here.