Judge Lamberth singled out the actions of two employees.
One, Nena Shaw, he said, either showed “utter indifference” to the law or lied to the court about the efforts she made to provide records to Landmark.
The other, Eric W. Wachter, a key EPA official identified as overseeing the open-records search, told the court several years ago that he had conducted a thorough search for records Landmark requested. On Friday, however, the Justice Department quietly retracted those assertions.
Ronald C. Machen, the U.S. attorney for the District of Columbia, said Mr. Wachter was acting in good faith throughout and that the EPA never claimed it had conducted the search correctly, so Mr. Wachter didn’t lie to the court.
I’m sure they will mend their ways, now. NOT.