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Requests to the University under the Virginia Freedom of Information Act: Climate Change Research

11/24/09 U.S. Sen. James M. Inhofe, Senate Committee on Environment and Public Works, asks U.Va. to secure all documents and records related to the communications or other interactions with the University of East Anglia's Hadley Climatic Research Unit; Michael Mann and others.
12/14/09 Virginia Del. Bob Marshall requests copies of all Michael Mann's official U.Va. e-mail from 1999 to 2005.
  12/17/09 U.Va. responds to Marshall request that after a thorough search, engineers are unable to find any Mann e-mail on University servers because Mann's e-mail account was terminated when he left the University in 2005.
12/16/09 Kert Davies and James Trowbridge, Greenpeace, Washington, D.C., request a list of grants and all correspondence from or to Patrick Michaels and S. Fred Singer on global climate change and a wide range of subjects.
  01/15/10 U.Va. responds to Greenpeace request and estimates the costs to provide these records would be at least $3,500.
01/20/10 Greenpeace narrows its request and suggests U.Va. provide "unfiltered" emails.
  01/27/10 U.Va. responds to Greenpeace request with detailed explanation of costs, attaches requested Michaels CV and list of grants. U.Va. also responds that "unfiltered" e-mails could contain information exempt from disclosure under state or federal law.
03/04/10 Geoffrey R. Goode, Beveridge & Diamond, Washington, D.C., requests copies of all e-mails relating to the Greenpeace FOIA.
  03/15/10 After confirming requester's Virginia residency, U.Va. responds to Beveridge & Diamond request and provides requested records.
  07/01/10 U.Va. responds to Beveridge & Diamond request and provides supplemental response of requested records.
04/23/10 Virginia Attorney General Ken Cuccinelli issues two Civil Investigative Demands (CIDs) to U.Va. requiring the release of documents relating to Michael Mann's research.
05/21/10 Christopher C. Horner, Competitive Enterprise Institute, Washington, D.C., requests extensive records concerning U.Va.'s FOIA procedures; U.Va.'s FOIA responses relating to Greenpeace, Michaels, and Mann; and all records (including e-mail) of three U.Va. faculty members concerning a variety of topics.
  06/23/10 After confirming his Virginia residency, the University responds to Horner request and estimates that a substantive response to his request would take a lot of time and estimates the cost for these records would be at least $35,000.
05/25/10 Greenpeace advises U.Va. of a change in personnel and requests additional follow-up on its FOIA request.
  06/11/10 U.Va. responds to Greenpeace request and estimates the costs to supply the records would be more than $4,000. To date, there has been no further reply from Greenpeace.
06/24/10 Christopher C. Horner, Competitive Enterprise Institute, requests copies of all correspondence sent to Greenpeace and/or Polluter Watch discussing cost estimates for providing documents under FOIA.
  07/01/10 University provides requested records to Horner.
07/01/10 Christopher C. Horner, Competitive Enterprise Institute, requests U.Va.'s FOIA procedures and records (including e-mail) of four U.Va. administrators and three U.Va. faculty members relating to a variety of topics.
  07/20/10 U.Va. responds to Horner request and provides certain requested records and estimates the costs to supply other records would be more than $23,000.
07/20/10 Virginia Sen. Donald McEachin requests records related to costs, fees or expenses incurred in connection with response to CIDs issued by the Attorney General of Virginia.
  07/27/10 U.Va. responds to McEachin request and provides responsive record.
07/27/10 Christopher C. Horner, Competitive Enterprise Institute, objects to U.Va.'s estimate of costs.
  08/02/10 U.Va. responds to Horner and clarifies that estimate of costs relates only to accessing and providing records.
10/06/10 Christopher C. Horner, Competitive Enterprise Institute, requests itemized list of legal fees relating to U.Va.'s defense against the CIDs.
  10/15/10 U.Va. responds to Horner request and provides responsive records.
10/08/10 Virginia Del. Bob Marshall requests all Michael Mann's e-mails from 1999-2005.
  10/26/10 U.Va. responds to Marshall request and estimates costs to supply the records would be $8,500.
10/14/10 John Althen, Judicial Watch, requests records relating to a grant proposal by Michael Mann and records relating to the grant itself.
  10/26/10 U.Va. responds to Althen request and estimates costs to supply the records would exceed $10,000.
01/06/11 Horner, Schnare, and Marshall, American Tradition Institute, request records relating to Michael Mann's correspondence and research.
  01/25/11 U.Va. responds that ATI request is too broad and requests clarification of the scope of the records sought.
01/06/11 Horner, Schnare, and Marshall, American Tradition Institute, request name of fund from which Hogan Lovells, the law firm U.Va. engaged to represent it in connection with the CIDs, is being paid, and other documents.
  01/13/11 University responds to ATI that fund name is "Management and Budget – University Reserves" and that other records requested are privileged.
01/12/11 John Althen, Judicial Watch, asks whether traveling to Charlottesville to review the records would reduce the cost of his October 2010 request.
  01/20/11 U.Va. responds to Althen that his proposal would not reduce the estimate of costs.
01/17/11 Horner, Schnare, and Marshall object to language U.Va. uses to note an extension and accuse U.Va. of violating FOIA.
  02/19/11 U.Va. responds that it sufficiently answered ATI's questions.
01/31/11 Horner, Schnare, and Marshall "appeal" U.Va.'s response letter of 01/25/11 and request an accounting of U.Va.'s estimate of costs.
  02/07/11 U.Va. responds that ATI's letter mischaracterizes U.Va.'s response and again requests clarification regarding the scope of the records sought by ATI. U.Va. further advises that if the search is limited to one computer, it would take approximately 340 hours to review the records, at an estimated cost of $8,500.
02/11/11 Schnare memorializes telephone conversation with Wilkerson relating to providing records requested by ATI.
  02/14/11 U.Va. responds to ATI, outlines process for providing records, reiterates estimate of costs, and affirms that effort incurredwill be carefully tracked.
02/15/11 Schnare rejects terms of U.Va.'s offer to provide records.
  02/17/11 U.Va. accepts ATI's offer to pay a portion of the estimated costs and to begin work but objects to ATI's continued mischaracterizations.
02/18/11 Associate General Counsel Richard Kast and David Schnare have a telephone conversation concerning the requests; Schnare agrees to send a partial payment of the University's estimate of the cost of complying with the request; Kast assures Schnare that the University has no interest other than complying with the law.
02/22/11 Horner accepts U.Va.'s responses regarding the fund from which U.Va. paid Hogan Lovells, objects to U.Va. response and requests records relating to FOIA.
  02/22/11 U.Va. responds to Horner that there are no responsive records and thanks Horner for bringing this exchange to a close.
03/06/11 David Schnare writes to question the University's time estimate for responding and confirms that the partial payment will be made.
  03/09/11 The University replies, asserting legal grounds for seeking payment and explaining how the time estimate was derived.
03/10/11 The check for partial payment from the requesters arrives.
03/16/11 U.Va. begins work on accessing Mann emails on server.
03/28/11 Kast updates Schnare and seeks clarification
04/06/11 Kast advises Schnare U.Va. has exhausted his initial payment.
04/07/11 Schare says he will overnight a check as soon as he gets it and asks that work on the response keep going.

Last Updated: April 14, 2011