Earthworks v. U.S. Department of the Interior

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

EARTHWORKS, et al.,

Plaintiffs,

v. Civil Action No. 09-1972 (HHK/JMF)

U.S. DEPT. OF THE INTERIOR,
et al.,

Defendants.

MEMORANDUM ORDER

There has been assigned to me the task of reviewing a large number of documents which

the Department of Interior (“DOI”) claims are protected by the attorney-client and, to a lesser

extent, the work product privileges.

The attorney-client privilege protects confidential communications made by a client to a

lawyer for the purpose of securing legal advice or services, 1 while the work product privilege

protects a lawyer’s mental processes while that lawyer is preparing for trial or working in

anticipation thereof. 2 The former is said to advance the crucial societal interest in clients being

candid with their lawyers, 3 while the latter advances the equally important value in zealous

advocacy. 4

Review of privilege logs often discloses that the person doing the log may not understand

the intricacies of the privileges being claimed. Perhaps the greatest deficiency is the failure to

appreciate that the attorney-client privilege does not operate to insulate from disclosure every

1
Banks v. Office of the Senate Sergeant at Arms, 236 F.R.D. 16, 19-20 (D.D.C. 2006).
2
Fed. R. Civ. P. 26(b)(3).
3
Upjohn Co. v. United States, 449 U.S. 383, 389 (1982).
4
Hickman v. Taylor, 329 U. S. 495, 510-11 (1947).
possible communication between an attorney and client. It should be obvious that

communications from the attorney to client are not ipso facto protected. To the contrary, the

privilege operates to shield communications from an attorney to a client “only if that

communication is based on confidential information provided by the client.” Mead Data Cent. v.

U.S. Dep’t of the Air Force, 566 F.2d 242, 255 (D.C. Cir. 1977). In that case, the district court

determined that several documents were privileged although the court of appeals found that the

government’s description of the documents gave “no indication as to the confidentiality of the

information on which they were based.” Id. at 254. The court of appeals, therefore, ordered that

the documents be remanded so that the Air Force could shield from disclosure, as privileged,

only those documents where the “information upon which they [were] based was supplied by the

Air Force [to counsel] with the expectation of secrecy and was not known or disclosed to any

third party . . . .” Id.

I have attached to this opinion two charts, which indicate my ruling as to each document.

As will be seen, I have ruled finally on certain documents, but only conditionally as to others.

As I will now explain, the necessity for such conditional rulings is because so many of the

documents are drafts that were exchanged either between two persons or among a group of

persons.

Whether or not a document styled a draft in a privilege log is privileged can be a

multifaceted and fact-bound determination. The transmittal of a communication from a client to

a lawyer with an express request for guidance presents the easy case: “Here is the draft

employment agreement I am going to ask my boss to sign. Let me know if it protects my legal

rights.” In other circumstances, the absence of an explicit request for advice may not doom the

claim of privilege, if the confidential nature of the communication can be discerned from what

2
the lawyer has said or done. For example, a red lined edited draft of the agreement from the

lawyer to the client may, in a certain context, itself permit the inference that the client sent the

draft to the lawyer expecting the lawyer to provide confidential guidance as to contents of the

documents. The process of the exchange may itself bespeak an intention by the client that her

transmittal of the draft be a confidential request for guidance.

On the other hand, and this is particularly true in a governmental situation, the lawyer

may be the chief draftsperson of a particular document which she then sends to her co-workers

for their views and thoughts. While their responses may qualify as communications to a lawyer

intended to be confidential, the lawyer’s draft, transmitted to them, does not yield any

confidential communication from them. In other words, from the lawyer’s draft, we learn only

that she wrote a draft and transmitted it to her clients. Thus, while there are circumstances where

even a draft might yield a secret, client communication (e.g. the draft of a will that provides for

an illegitimate child), the transmittal of drafts in this case does not. That the DOI lawyers and

other employees were in the process of drafting new rules and regulations in response to an order

in this case is hardly a secret. The privilege log itself indicates that such drafting was taking

place.

As a result of the nuanced distinctions I have just elucidated, and because of the obvious

deficiencies in the privilege log, I must make conditional rulings. For example, I cannot tell

from the names of the authors and recipients who are the attorneys and who are the clients. In

several instances, the email address indicates that the person sending or receiving the

electronically stored information is in the Solicitor’s office, and therefore appears to be an

attorney. In all other instances, however, I cannot ascertain from the log who is the lawyer and

who is the client. Furthermore, the log cannot possibly tell me what I need to know—whether

3
the document explicitly or implicitly reveals a communication from a client that was intended to

be confidential. Thus, in its current condition, the privilege log fails me in several particulars.

I will not, however, return to the obligation of reviewing the documents until the parties

consider whether the claims of privilege could be more quickly resolved by resorting to an

agreement pursuant to Rule 502(d) of the Federal Rules of Evidence.

Having reviewed more privilege logs and assertedly privileged documents than I care to

remember, I can state with certainty that the overwhelming majority of “privileged” documents

are insignificant, and their disclosure would never prejudice the party claiming the privilege or

place that party at any tactical disadvantage. Simply put, in my almost 15 years of being a

magistrate judge and my more than 40 years of practicing law, I am still waiting to see that

“smoking gun”–the privileged document that makes a substantial difference to whether a case is

won or lost. This case is no different. To date, I have not seen a single document in this case

that, if revealed, would harm the DOI’s position in this litigation.

Often, as may be true here, the assertion of the attorney-client and work product

privileges is usually and understandably self-protective, lest the failure to assert the privilege as

to one document be deemed a waiver of all documents that deal with the same subject matter.

But, Rule 502(a) of the Federal Rules of Evidence abolishes this so-called subject matter waiver

and replaces it with a much more constricted principle that requires the disclosure of a second

document (or a larger amount of a single document) only when the second document deals with

the same subject matter as the disclosed document and the two documents “ought in fairness be

considered together.” Fed. R. Evid. 502(a).

Rule 502(b) provides further protection against an inadvertent disclosure by permitting

the disclosed document to be “clawed back” under certain circumstances.

4
 Finally, Rule 502(d) permits the parties to enter into any agreement they see fit pertaining

to the privilege questions, and makes their agreement good against the world. Used creatively, it

can save the parties and the court great expense and burden. As to the latter, in these days of

finite resources, courts can no longer justify spending many hours resolving privilege claims,

document by document, when a party can achieve the protection it needs by use of Rule 502(d).

Thus, I will order DOI to meet with plaintiffs’ counsel to ascertain whether a 502(d) order could

not promptly resolve the outstanding privilege claims so the parties can once again focus on the

merits of the controversy. The DOI now has my views on its privilege assertions and can use

them to shape the agreement it needs. I also expect it to make a conscientious effort to de-

duplicate the remaining documents. As it is well aware, the same email or memorandum appears

again and again in the documents claimed to be privileged. I urge it to use a categorical

grouping of the remaining documents 5 so its discussions with plaintiffs can achieve the

efficiency that is needed.

I expect the parties to report to me within ten days from the date of this opinion on

whether they can forge such an agreement. If they cannot, I will then decide whether I will order

the DOI to prepare a revised privilege log or enter a Rule 502(d) order myself, sua sponte.

SO ORDERED. Digitally signed by John M. Facciola
DN: c=US, st=DC, l=Washington,
email=john_m._facciola@dcd.uscou
rts.gov, o=United States District
Court for the District of Columbia,
cn=John M. Facciola
_______________________________ 10:26:16 -04'00'
______________
__
_ __ Date: 2013.04.02
JOHN M. FACCIOLA
UNITED STATES MAGISTRATE JUDGE

5
See John M. Facciola & Jonathan Redgrave, Asserting and Challenging Privilege Claims in Modern Litigation:
The Facciola-Redgrave Framework, http://www.fclr.org/fclr/articles/html/2009/facciolaredgrave.pdf (last visited
Mar. 29, 2013).

5
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Sledge, Queen Anderson, Bob M. Email regarding a Privileged - Denied; does not
(proxy for Joel (Deputy Ass't Director, summary of the Attorney- dislcose a
Yudson BLM); McNutt, Paul district court Client. commuication
(Attorney, Div. (Economist, Solids, decision in the from a client
of Mineral BLM); Schwartz, case of Mineral intended to be
Resources) Michael (Group Policy Center v. confididential. It
during period Manager, Regulatory Norton. is a report by an
when the Affairs, BLM); Rabinoff, attorney on a
Solicitor's Alan (Chief, Solid decided case.
Office could Minerals Branch, Utah
not receive State Office, BLM);
emails from Hankins, Helen (District
FMV 1 FMV 2 FMV 3 11/19/2003 outside the Manager, Elko District,
Solicitor's Nevada, BLM); Haight,
Office) Scott (Assoc. Field
Manager, Lewistown
Field Office, Montana,
BLM); Lonnie, Thomas
(Ass't Director, BLM)

1
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Schwartz, Hudson, Ted Email regarding a Privileged - Denied; does not
Michael (Regulatory Analyst, summary of the Attorney- disclose a
(Group Regulatory Affairs, district court Client. commuication
Manager, BLM) decision in the from a client
FMV Regulatory case of Mineral intended to be
FMV 49 FMV 51 12/1/2003
50 Affairs, BLM) Policy Center v. confididential. It
Norton. is a report by an
attorney on a
decided case.
Hudson, Ted Schwartz, Michael Email regarding a Privileged - Denied in part.
(Regulatory (Group Manager, summary of the 43 Attorney- Granted in part.
Analyst, Regulatory Affairs, C.F.R. 3809 Client. Highlighted area
Regulatory BLM) meeting discussing is discussion
Affairs, BLM) the effects of the among lawyer
FMV courts decision. and client that
FMV 97 12/19/2003 would tend to
97
disclose
communication
intended to be
confidential.

2
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Clarke, Kathleen Memorandum Privileged - Denied in part.
(Regulatory (Director, BLM) regarding the Attorney- Granted in part.
Analyst, proper response to Client. Highlighted area
Regulatory the decision in is discussion
Affairs, BLM) Mineral Policy among lawyer
FMV (through Center v. Norton and client that
FMV 99 1/9/2004 Lonnie, under 43 C.F.R. would tend to
100
Thomas (Ass't 3809. disclose
Director, communication
BLM)) intended to be
confidential.

Hudson, Ted Clarke, Kathleen Memorandum Privileged - Appears to be the
(Regulatory (Director, BLM) regarding the Attorney- same document
Analyst, proper response to Client. as the preceding
Regulatory the decision in one.
Affairs, BLM); Mineral Policy
Schwartz, Center v. Norton
Michael under 43 C.F.R.
(Group 3809.
FMV Manager,
FMV 102 1/16/2004 Regulatory
103
Affairs, BLM)
(through
Lonnie,
Thomas (Ass't
Director,
BLM))

3
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Clarke, Kathleen Draft Privileged - Denied in part.
(Acting Chief, (Director, BLM) Memorandum Attorney- Granted in part.
Regulatory regarding the Client Highlighted area
Affairs, BLM) Departments is discussion
(through response to the among lawyer
FMV Lonnie, Mineral Policy and client that
FMV 105 1/16/2004 Thomas (Ass't Center decision, would tend to
106
Director, including advice disclose
BLM)) from the Office of communication
the Solicitor. intended to be
confidential.

Hudson, Ted Clarke, Kathleen Draft Privileged - Early edited
(Regulatory (Director, BLM) Memorandum Attorney- edition of same
Analyst, regarding the Client. document as 105.
Regulatory proper response to
Affairs, BLM) the decision in
FMV (through Mineral Policy
FMV 108 1/16/2004
109 Lonnie, Center v. Norton
Thomas (Ass't under 43 C.F.R.
Director, 3809.
BLM))

4
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Schwartz, Clarke, Kathleen Memorandum Privileged - Denied in part.
Michael (Director, BLM) regarding the Attorney- Granted in part.
(Group proper response to Client. Highlighted area
Manager, the decision in is discussion
Regulatory Mineral Policy among lawyer
Affairs, BLM); Center v. Norton and client that
Hudson, Ted under 43 C.F.R. would tend to
(Regulatory 3809. disclose
FMV Analyst, communication
FMV 111 2/4/2004 Regulatory intended to be
113
Affairs, BLM) confidential.
(through
Lonnie,
Thomas (Ass't
Director,
BLM))

5
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Sierra, Selma Clarke, Kathleen Memorandum Privileged - Denied in part.
(Ass't (Director, BLM) regarding the Attorney- Granted in part.
Director, BLM) proper response to Client. Highlighted area
(Lonnie, the decision in is discussion
Thomas (Ass't Mineral Policy among lawyer
Director, Center v. Norton and client that
BLM)); under 43 C.F.R. would tend to
Hudson, Ted 3809. disclose
(Regulatory communication
Analyst, intended to be
FMV Regulatory confidential.
FMV 115 2/4/2004
117 Affairs, BLM);
Schwartz,
Michael
(Group
Manager,
Regulatory
Affairs, BLM)

6
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Sierra, Selma Clarke, Kathleen Memorandum Privileged - Another copy of
(Ass't (Director, BLM) regarding the Attorney- the same
Director, BLM) proper response to Client. document as FMV
(through the decision in 97.
Lonnie, Mineral Policy
Thomas (Ass't Center v. Norton
Director, under 43 C.F.R.
BLM)); 3809.
Hudson, Ted
(Regulatory
Analyst,
FMV
FMV 119 2/4/2004 Regulatory
121
Affairs, BLM);
Schwartz,
Michael
(Group
Manager,
Regulatory
Affairs, BLM)

7
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Regulatory Draft ANPR Document Sustained--
Affairs, BLM concerning redacted; not irrelevant
proposed related to this
amendments to rulemaking.
the grazing
FMV administration
FMV 128 1/14/2003
137 regulations and
announcement of
public meetings
under 43 C.F.R.
4100.

8
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - This is the draft of
(Assoc. Field 43 C.F.R. 3809. Attorney- a proposed
Manager, Client. regulation and
Lewistown does not disclose
Field Office, in any way a
Montana, confidential
BLM); Hudson, communciation
Ted (Acting from a client to
Chief, an attorney
Regulatory because there is
Affairs, BLM) no indication
FMV
FMV 140 4/6/2005 whether the
154
author sought a
lawyer's review of
what the client
had drafted.
Denied unless
supplemented to
identify author.

9
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Same ruling as
(Assoc. Field 43 C.F.R. 3809. Attorney- preceeding entry.
Manager, Client
Lewistown
Field Office,
FMV Montana,
FMV 156 3/10/2005 BLM); Hudson,
170
Ted (Acting
Chief,
Regulatory
Affairs, BLM)

Haight, Scott Draft Advance Privileged - Same ruling as
(Assoc. Field Notice of Proposed Attorney- preceeding entry.
Manager, Rule Making for Client.
Lewistown Proposed
Field Office, Amendments to
Montana, the BLM Surface
FMV BLM) Management
FMV 172 Undated Regulations for
186
Operations
Authorized by the
Mining Laws under
43 C.F.R. 3809.

10
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Haight, Scott (Assoc. Email regarding Privileged - Denied
(Acting Chief, Field Manager, completion of Attorney- conditionally
Regulatory Lewistown Field Office, preliminary review Client. unless DOI
FMV Affairs, BLM) Montana, BLM) of ANPR under 43 indicates that
FMV 192 4/19/2005 C.F.R. 3809. Hudson is a client
192
and Haight is a
lawyer.

Hudson, Ted Haight, Scott (Assoc. Email regarding Privileged - Same ruling as
(Acting Chief, Field Manager, proposed revisions Attorney- preceeding entry.
FMV Regulatory Lewistown Field Office, to draft Federal Client
FMV 194 FMV 195 5/23/2005 Affairs, BLM) Montana, BLM) Register notice for
194
FMV rule.

Hudson, Ted Draft ANPR under Privileged - Appears to be the
(Acting Chief, 43 C.F.R. 3809. Attorney- same document
Regulatory Client or similar to FMV
Affairs, BLM); 140, 156 and 172.
Haight, Scott Same ruling.
(Assoc. Field Denied unless
FMV Manager, supplemented to
FMV 195 4/13/2005
210 Lewistown identify author.
Field Office,
Montana,
BLM)

11
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Same ruling as
(Assoc. Field 43 C.F.R. 3809. Attorney- preceeding entry.
Manager, Client.
Lewistown
Field Office,
FMV Montana,
FMV 211 6/2/2005 BLM); Hudson,
222
Ted (Acting
Chief,
Regulatory
Affairs, BLM)

Haight, Scott Draft ANPR under Privileged - Same ruling as
(Assoc. Field 43 C.F.R. 3809. Attorney- preceeding entry.
Manager, Client.
Lewistown
Field Office,
FMV Montana,
FMV 240 8/9/2005 BLM); Hudson,
249
Ted (Acting
Chief,
Regulatory
Affairs, BLM)

12
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Same ruling as
(Assoc. Field 43 C.F.R. 3809. Attorney- preceeding entry.
Manager, Client.
Lewistown
Field Office,
FMV Montana,
FMV 250 8/11/2005 BLM); Hudson,
257
Ted (Acting
Chief,
Regulatory
Affairs, BLM)

Haight, Scott Draft ANPR under Privileged - Same ruling as
(Assoc. Field 43 C.F.R. 3809. Attorney- preceeding entry.
Manager, Client
Lewistown
Field Office,
FMV Montana,
FMV 259 8/10/2005 BLM); Hudson,
266
Ted (Acting
Chief,
Regulatory
Affairs, BLM)

13
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Document Privileged - Denied
(Acting Chief, regarding Attorney- conditionally
Regulatory proposed revisions Client. unless DOI shows
Affairs, BLM) to options to that author is a
address remand in client and
FMV Mineral Policy transmitted the
FMV 275 1/26/2006
277 Center v. Norton. draft to a lawyer
for review or
comment.

Haight, Scott Draft options Privileged - Same ruling as
(Assoc. Field paper regarding Attorney- preceeding entry.
Manager, the Mineral Policy Client
FMV Lewistown Center case
FMV 279 1/25/2006
281 Field Office, remand.
Montana,
BLM)
Haight, Scott Draft options Privileged - Same ruling as
(Assoc. Field paper regarding Attorney- preceeding entry.
Manager, the Mineral Policy Client
Lewistown Center case
Field Office, remand.
FMV Montana,
FMV 284 1/31/2006 BLM); Hudson,
286
Ted (Acting
Chief,
Regulatory
Affairs, BLM)

14
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft options Privileged - Same ruling as
(Assoc. Field paper regarding Attorney- preceeding entry.
Manager, the Mineral Policy Client.
FMV Lewistown Center case
FMV 288 2/7/2006
291 Field Office, remand.
Montana,
BLM)
Haight, Scott Anderson, Bob M. Sledge, Draft Privileged - Same ruling as
(Assoc. Field (Deputy Ass't Director, Queen memorandum Attorney- preceeding entry.
Manager, BLM); Leverette, (proxy for regarding options Client
Lewistown Mitchell (Deputy Joel Yudson to address the
Field Office, Division Chief, Solids, (Attorney, remand in Mineral
Montana, BLM); Murphy, Ted A. Div. of Policy Center
BLM) (Group Manager, Solids, Mineral versus Norton
BLM); Hudson, Ted Resources) concerning 43
(Acting Chief, during C.F.R. 3809.
Regulatory Affairs, period when
FMV BLM) the
FMV 293 Undated
296 Solicitor's
Office could
not receive
emails from
outside the
Solicitor's
Office)

15
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Anderson, Bob M. Sledge, Email regarding Privileged - Denied
(Assoc. Field (Deputy Ass't Director, Queen proposed revisions Attorney- conditionally
Manager, BLM); Leverette, (proxy for to options paper Client unless DOI
Lewistown Mitchell (Deputy Joel Yudson addressing remand identifies which
Field Office, Division Chief, Solids, (Attorney, in Mineral Policy recipient, if any, is
Montana, BLM); Murphy, Ted A. Div. of Center v. Norton. a lawyer and that
BLM) (Group Manager, Solids, Mineral Haight was
BLM); Hudson, Ted Resources) seeking his or her
(Acting Chief, during legal guidance or
Regulatory Affairs, period when advice.
FMV000 FMV00 FMV0002 BLM) the
2/7/2006
297 0297 98 Solicitor's
Office could
not receive
emails from
outside the
Solicitor's
Office)

Haight, Scott Draft options Privileged - Denied
(Assoc. Field paper regarding Attorney- conditionally
Manager, the Mineral Policy Client unless DOI shows
Lewistown Center case that author is a
Field Office, remand. client and
FMV Montana, transmitted the
FMV 298 1/25/2006
301 BLM) draft to a lawyer
for review or
comment.

16
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft options Privileged - Denied
(Assoc. Field paper regarding Attorney- conditionally
Manager, the Mineral Policy Client. unless DOI shows
Lewistown Center case that author is a
Field Office, remand. client and
FMV Montana, transmitted the
FMV 302 2/15/2006
305 BLM) draft to a lawyer
for review or
comment.

Haight, Scott Draft options Privileged - Denied
(Assoc. Field paper regarding Attorney- conditionally
Manager, the Mineral Policy Client. unless DOI shows
Lewistown Center case that author is a
Field Office, remand. client and
FMV Montana, transmitted the
FMV 307 3/28/2006
310 BLM) draft to a lawyer
for review or
comment.

17
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft document Privileged - Denied
(Assoc. Field regarding Attorney- conditionally
Manager, proposed revisions Client. unless DOI shows
Lewistown to multiple that author is a
Field Office, sections under 43 client and
FMV Montana, C.F.R. 3809 transmitted the
FMV 312 3/28/2006 BLM) concerning mineral draft to a lawyer
313
examination and for review or
mining operations. comment.

Haight, Scott Draft Privileged - Same ruling as
(Assoc. Field memorandum Attorney- previous entry.
Manager, regarding options Client
FMV Lewistown to address remand
FMV 314 3/28/2006 Field Office, in Mineral Policy
317
Montana, Center v. Norton.
BLM)

Haight, Scott Draft Proposed Privileged - Denied
(Assoc. Field Rule under 43 Attorney- conditionally
Manager, C.F.R. 3809. Client. unless DOI shows
Lewistown that author is a
Field Office, client and
FMV Montana, transmitted the
FMV 318 5/1/2006 BLM); Hudson, draft to a lawyer
325
Ted (Acting for review or
Chief, comment.
Regulatory
Affairs, BLM)

18
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Proposed Privileged - Denied
(Assoc. Field Rule under 43 Attorney- conditionally
Manager, C.F.R. 3809. Client. unless DOI shows
Lewistown that author is a
Field Office, client and
FMV Montana, transmitted the
FMV 327 4/27/2006 BLM); Hudson, draft to a lawyer
334
Ted (Acting for review or
Chief, comment.
Regulatory
Affairs, BLM)

Haight, Scott Draft Proposed Privileged - Denied
(Assoc. Field Rule under 43 Attorney- conditionally
Manager, C.F.R. 3809. Client. unless DOI shows
Lewistown that author is a
Field Office, client and
FMV Montana, transmitted the
FMV 349 5/2/2006 BLM); Hudson, draft to a lawyer
379
Ted (Acting for review or
Chief, comment.
Regulatory
Affairs, BLM)

19
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Proposed Privileged - Denied
(Assoc. Field Rule under 43 Attorney- conditionally
Manager, C.F.R. 3809. Client. unless DOI shows
Lewistown that author is a
Field Office, client and
FMV Montana, transmitted the
FMV 380 5/2/2006 BLM); Hudson, draft to a lawyer
414
Ted (Acting for review or
Chief, comment.
Regulatory
Affairs, BLM)

Hawbecker, Draft Information Privileged - Denied
Karen (Ass't Memorandum Attorney- conditionally
Solicitor, Div. regarding BLM Client unless DOI shows
of Mineral response to the that author is a
Resources); District Court client and
Briggs, Vickie remand of the transmitted the
FMV000 FMV00 (Public Affairs 3809 surface draft to a lawyer
1/5/2007
427 0430 Specialist, management for review or
BLM) regulations in comment.
Mineral Policy
Center v. Norton.

20
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Proposed Privileged - Denied
(Assoc. Field Rule amending the Attorney- conditionally
Manager, BLM surface Client unless DOI shows
Lewistown Management that author is a
Field Office, Regulations for client and
FMV Montana, Operations transmitted the
FMV 432 5/2/2006
439 BLM) Authorized by the draft to a lawyer
Mining Laws under for review or
43 C.F.R. 3809. comment.

21
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Anderson, Bob M. Draft Proposed Privileged - Denied
(Assoc. Field (Deputy Ass't Director, Rule amending the Attorney- conditionally
Manager, BLM); Murphy, Ted A. BLM Surface Client unless DOI shows
Lewistown (Group Manager, Solids, Management that author is a
Field Office, BLM); Leverette, Regulations for client and
Montana, Mitchell (Deputy Operations transmitted the
BLM) Division Chief, Solids, Authorized by the draft to a lawyer
BLM); Murrellwright, Mining Laws under for review or
Thomas (Physical 43 C.F.R. 3809. comment.
Scientist, BLM);
Hudson, Ted (Acting
Chief, Regulatory
FMV Affairs, BLM); Sledge,
FMV 440 Undated
447 Queen (proxy for Joel
Yudson (Attorney, Div.
of Mineral Resources)
during period when the
Solicitor's Office could
not receive emails from
outside the Solicitor's
Office)

22
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Proposed Privileged - Denied
(Assoc. Field Rule under 43 Attorney- conditionally
Manager, C.F.R. 3809. Client. unless DOI shows
Lewistown that author is a
Field Office, client and
FMV Montana, transmitted the
FMV 449 5/2/2006 BLM); Hudson, draft to a lawyer
456
Ted (Acting for review or
Chief, comment.
Regulatory
Affairs, BLM)

Haight, Scott Draft Proposed Privileged - Denied
(Assoc. Field Rule under 43 Attorney- conditionally
Manager, C.F.R. 3809. Client. unless DOI shows
Lewistown that author is a
Field Office, client and
FMV Montana, transmitted the
FMV 475 5/8/2006 BLM); Hudson, draft to a lawyer
482
Ted (Acting for review or
Chief, comment
Regulatory
Affairs, BLM)

23
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Proposed Privileged - Denied
(Assoc. Field Rule under 43 Attorney- conditionally
Manager, C.F.R. 3809. Client unless DOI shows
Lewistown that author is a
Field Office, client and
FMV Montana, transmitted the
FMV 484 5/8/2006 BLM); Hudson, draft to a lawyer
491
Ted (Acting for review or
Chief, comment
Regulatory
Affairs, BLM)

Hudson, Ted Draft Proposed Privileged - Denied
(Acting Chief, Rule under 43 Attorney- conditionally
Regulatory C.F.R. 3809. Client unless DOI shows
Affairs, BLM); that author is a
Haight, Scott client and
(Assoc. Field transmitted the
FMV Manager, draft to a lawyer
FMV 493 5/2/2006
527 Lewistown for review or
Field Office, comment
Montana,
BLM)

24
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Proposed Privileged - Denied
(Assoc. Field Rule under 43 Attorney- conditionally
Manager, C.F.R. 3809. Client. unless DOI shows
Lewistown that author is a
Field Office, client and
FMV Montana, transmitted the
FMV 530 8/8/2006 BLM); Hudson, draft to a lawyer
560
Ted (Acting for review or
Chief, comment.
Regulatory
Affairs, BLM)

Haight, Scott Draft Proposed Privileged - Denied
(Assoc. Field Rule under 43 Attorney- conditionally
Manager, C.F.R. 3809. Client. unless DOI shows
Lewistown that author is a
Field Office, client and
FMV Montana, transmitted the
FMV 572 9/19/2006 BLM); Hudson, draft to a lawyer
608
Ted (Acting for review or
Chief, comment.
Regulatory
Affairs, BLM)

25
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Proposed Privileged - Denied
(Assoc. Field Rule under 43 Attorney- conditionally
Manager, C.F.R. 3809. Client unless DOI shows
Lewistown that author is a
Field Office, client and
FMV Montana, transmitted the
FMV 610 9/20/2006 BLM); Hudson, draft to a lawyer
626
Ted (Acting for review or
Chief, comment.
Regulatory
Affairs, BLM)

Haight, Scott Draft Notice of Privileged - Denied
(Assoc. Field Inquiry under 43 Attorney- conditionally
Manager, C.F.R. 3809. Client. unless DOI shows
Lewistown that author is a
Field Office, client and
FMV Montana, transmitted the
FMV 627 9/27/2006 BLM); Hudson, draft to a lawyer
652
Ted (Acting for review or
Chief, comment.
Regulatory
Affairs, BLM)

26
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Notice of Privileged - Denied
(Assoc. Field Inquiry under 43 Attorney- conditionally
Manager, C.F.R. 3809. Client. unless DOI shows
Lewistown that author is a
Field Office, client and
FMV Montana, transmitted the
FMV 667 9/28/2006 BLM); Hudson, draft to a lawyer
680
Ted (Acting for review or
Chief, comment.
Regulatory
Affairs, BLM)

Haight, Scott Draft Notice of Privileged - Denied
(Assoc. Field Inquiry under 43 Attorney- conditionally
Manager, C.F.R. 3809. Client. unless DOI shows
Lewistown that author is a
Field Office, client and
FMV Montana, transmitted the
FMV 682 9/28/2006 BLM); Hudson, draft to a lawyer
695
Ted (Acting for review or
Chief, comment.
Regulatory
Affairs, BLM)

27
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Notice of Privileged - Denied
(Assoc. Field Inquiry under 43 Attorney- conditionally
Manager, C.F.R. 3809. Client. unless DOI shows
Lewistown that author is a
Field Office, client and
FMV Montana, transmitted the
FMV 696 10/2/2006 BLM); Hudson, draft to a lawyer
709
Ted (Acting for review or
Chief, comment.
Regulatory
Affairs, BLM)

Hawbecker, Harris, James (Assoc. Yudson, Joel Email regarding Privileged - Denied
Karen (Ass't Solicitor, Div. of Mineral (Attorney, draft federal Attorney- conditionally
Solicitor, Div. Resources) Div. of register notice Client; unless DOI shows
of Mineral Mineral addressing Fair Attorney Work that author is a
Resources) Resources) Market Value rule. Product client and
FMV transmitted the
FMV 710 FMV 711 10/2/2006
710 draft to a lawyer
for review or
comment.

28
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Notice of Privileged - Denied
(Assoc. Field Inquiry under 43 Attorney- conditionally as
Manager, C.F.R. 3809. Client; to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
Ted (Acting the draft to a
Chief, lawyer for review
FMV Regulatory or comment.
FMV 711 10/2/2006
724 Affairs, BLM); Decision as to
Hawbecker, Work Product
Karen (Ass't held in abeyance.
Solicitor, Div.
of Mineral
Resources)

29
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
Ted (Acting for review or
Chief, comment.
FMV Regulatory
FMV 725 10/3/2006
739 Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)

Hawbecker, Yudson, Joel (Attorney, Email regarding Privileged - Denied
Karen (Ass't Div. of Mineral proposed revisions Attorney- conditionally
Solicitor, Div. Resources) to FMV rule. Client; unless DOI shows
of Mineral Attorney Work that author is
Resources) Product client and
FMV transmitted the
FMV 740 FMV 741 10/3/2006
740 draft to a lawyer
for review or
comment.

30
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Notice of Privileged - Denied
(Assoc. Field Inquiry under 43 Attorney- conditionally as
Manager, C.F.R. 3809. Client; to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
Ted (Acting the draft to a
Chief, lawyer for review
FMV Regulatory or comment.
FMV 741 10/3/2006
754 Affairs, BLM); Decision as to
Hawbecker, Work Product
Karen (Ass't held in abeyance.
Solicitor, Div.
of Mineral
Resources)

Hawbecker, Draft Notice of Privileged - Denied
Karen (Ass't Inquiry under 43 Attorney- conditionally
Solicitor, Div. C.F.R. 3809. Client unless DOI shows
of Mineral that author is a
FMV Resources) client and
FMV 756 10/3/2006
769 transmitted the
draft to a lawyer
for review or
comment.

31
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Hudson, Ted (Acting Anderson, Email regarding Non-privileged No claim of
Karen (Ass't Chief, Regulatory Bob M. proposed revisions - to be privilege.
Solicitor, Div. Affairs, BLM) (Deputy Ass't to draft notice of released
of Mineral Director, the Fair Market
Resources) BLM); Value Rule.
Haskins,
Roger
(Senior
Specialist,
Mining Law
FMV Adjudication,
FMV 770 10/3/2006
770 BLM);
Murphy, Ted
A. (Group
Manager,
Solids, BLM);
Haight, Scott
(Assoc. Field
Manager,
Montana,
BLM)

Hawbecker, Anderson, Bob M. Email regarding Privileged - Denied; does not
Karen (Ass't (Deputy Ass't Director, draft of FMV Attorney- disclose a
Solicitor, Div. BLM); Murphy, Ted A. notice. Client. communication
of Mineral (Group Manager, Solids, from a client
Resources) BLM); Haskins, Roger intended to be
FMV
FMV 771 FMV 772 10/3/2006 (Senior Specialist, confidential.
771
Mining Law
Adjudication, BLM);
Hudson, Ted (Acting
Chief, Regulatory
Affairs, BLM)

32
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Notice of Privileged - Denied
(Assoc. Field Inquiry under 43 Attorney- conditionally
Manager, C.F.R. 3809. Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV Ted (Acting for review or
FMV 772 10/3/2006
785 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)

33
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Anderson, Bob M. Hawbecker, Email regarding Privileged - Sustained.
(Assoc. Field (Deputy Ass't Director, Karen (Ass't proposed revisions Attorney-
Manager, BLM) Solicitor, Div. to regulations Client.
Lewistown of Mineral concerning notice
Field Office, Resources); of the Fair Market
Montana, Loomas, Value Rule.
BLM) Michael
(Roseburg
District
Office,
Oregon,
BLM);
FMV Haskins,
FMV 786 10/4/2006
789 Roger
(Senior
Specialist,
Mining Law
Adjud.,
BLM);
Hudson, Ted
(A.C., Reg.
Aff., BLM);
Murphy, Ted
A. (Gr. Mgr.,
BLM)

34
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Anderson, Bob Hudson, Ted (Acting Hawbecker, Email regarding Privileged - Sustained.
M. (Deputy Chief, Regulatory Karen (Ass't proposed revisions Attorney-
Ass't Director, Affairs, BLM) Solicitor, Div. to regulations Client.
BLM) of Mineral concerning notice
Resources); of the Fair Market
Haskins, Value Rule.
Roger
(Senior
Specialist,
Mining Law
Adjudication,
BLM);
FMV
FMV 790 10/4/2006 Haight, Scott
792
(Assoc. Field
Manager,
Montana,
BLM);
Murphy, Ted
A. (Gr. Mgr.,
BLM);
Loomas,
Michael
(Oregon,
BLM)

35
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Hawbecker, Karen Anderson, Email regarding Privileged - Sustained.
(Acting Chief, (Ass't Solicitor, Div. of Bob M. proposed revisions Attorney-
Regulatory Mineral Resources) (Deputy Ass't to regulations Client.
Affairs, BLM) Director, concerning draft
BLM); notice of the Fair
Haskins, Market Value Rule.
Roger
(Senior
Specialist,
Mining Law
Adjudication,
FMV
FMV 793 10/4/2006 BLM);
794
Haight, Scott
(Assoc. Field
Manager,
Lewistown
Field Office,
Montana,
BLM);
Murphy, Ted
A. (Gr. Mgr.,
BLM)

36
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Haight, Scott (Assoc. Anderson, Email regarding Privileged - Same ruling as
(Acting Chief, Field Manager, Bob M. proposed revisions Attorney- preceeding entry.
Regulatory Lewistown Field Office, (Deputy Ass't to draft notice of Client.
Affairs, BLM) Montana, BLM) Director, the Fair Market
BLM); Value Rule.
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources);
Loomas,
Michael
FMV
FMV 795 FMV 798 10/5/2006 (Roseburg
797
District
Office,
Oregon,
BLM);
Haskins,
Roger (Sr.
Spec., BLM);
Murphy, Ted
A. (Gr. Mgr.,
BLM)

37
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Draft ANPR under Privileged - Denied
(Acting Chief, 43 C.F.R. 3809. Attorney- conditionally
Regulatory Client. unless DOI shows
Affairs, BLM); that author is a
Haight, Scott client and
(Assoc. Field transmitted the
Manager, draft to a lawyer
FMV Lewistown for review or
FMV 798 10/3/2006
812 Field Office, comment.
Montana,
BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)

38
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Hudson, Ted (Acting Anderson, Email regarding Privileged - Denied
(Assoc. Field Chief, Regulatory Bob M. proposed revisions Attorney- conditionally until
Manager, Affairs, BLM) (Deputy Ass't draft notice of the Client. DOI identifies the
Lewistown Director, Fair Market Value author as a client
Field Office, BLM); Rule. seeking legal
Montana, Hawbecker, guidance or
BLM) Karen (Ass't advice from a
Solicitor, Div. lawyer.
of Mineral
Resources);
Loomas,
Michael
(Roseburg
FMV
FMV 813 FMV 819 10/6/2006 District
818
Office,
Oregon,
BLM);
Haskins,
Roger
(Senior
Specialist,
BLM);
Murphy, Ted
A. (Gr. Mgr.,
BLM)

39
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV Ted (Acting for review or
FMV 819 10/3/2006
833 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)
Hawbecker, Yudson, Joel (Attorney, Email regarding Privileged - Denied.
Karen (Ass't Div. of Mineral proposed revisions Attorney- Transmittal of
Solicitor, Div. Resources) to fair market Client; draft. Does not
of Mineral value notice. Attorney Work disclose
Resources) Product communication
from client
FMV intended to be
FMV 834 FMV 835 10/20/2006
834 confidential nor
the mental
impressions,
conclusions,
opinions, or legal
theories of a
lawyer.

40
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client; unless DOI shows
Lewistown Attorney Work that author is a
Field Office, Product client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV Ted (Acting for review or
FMV 835 10/20/2006
849 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)
Hawbecker, Yudson, Joel (Attorney, Email regarding Privileged - Denied.
Karen (Ass't Div. of Mineral proposed revisions Attorney- Transmittal of
Solicitor, Div. Resources) to fair market Client; draft. Does not
of Mineral value notice. Attorney Work disclose
Resources) Product communication
from client
FMV intended to be
FMV 850 FMV 851 10/20/2006
850 confidential nor
the mental
impressions,
conclusions,
opinions, or legal
theories of a
lawyer.

41
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client; unless DOI shows
Lewistown Attorney Work that author is a
Field Office, Product client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV Ted (Acting for review or
FMV 851 10/20/2006
865 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client; unless DOI shows
Lewistown Attorney Work that author is a
Field Office, Product. client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV Ted (Acting for review or
FMV 866 10/23/2006
882 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)

42
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client; unless DOI shows
Lewistown Attorney Work that author is a
Field Office, Product. client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV Ted (Acting for review or
FMV 883 10/23/2006
899 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)
Harris, James Hawbecker, Karen Email regarding Privileged - Denied.
(Assoc. (Ass't Solicitor, Div. of comments to Fair Attorney- Transmittal of
Solicitor, Div. Mineral Resources); Market Value rule. Client; draft. Does not
of Mineral Yudson, Joel (Attorney, Attorney Work disclose
Resources) Div. of Mineral Product. communication
Resources) from client
FMV intended to be
FMV 900 FMV 901 10/24/2006
900 confidential nor
the mental
impressions,
conclusions,
opinions, or legal
theories of a
lawyer.

43
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client; unless DOI shows
Lewistown Attorney Work that author is a
Field Office, Product. client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
Ted (Acting for review or
Chief, comment.
Regulatory
FMV
FMV 901 10/23/2006 Affairs, BLM);
917
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources);
Harris, James
(Assoc.
Solicitor, Div.
of Mineral
Resources)

44
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Harris, James (Assoc. Yudson, Joel Email regarding Denied.
Privileged -
Karen (Ass't Solicitor, Div. of Mineral (Attorney, draft FMV notice. Attorney- Transmittal of
Solicitor, Div. Resources) Div. of Client; draft. Does not
of Mineral Mineral disclose
Attorney Work
Resources) Resources) Product. communication
from client
intended to be
FMV confidential nor
FMV 918 FMV 919 10/24/2006
918 the mental
impressions,
conclusions,
opinions, or legal
theories of a
lawyer, except for
a trivial
comment.
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client; unless DOI shows
Lewistown Attorney Work that author is a
Field Office, Product. client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV Ted (Acting for review or
FMV 919 10/23/2006
934 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)

45
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Harris, James Hawbecker, Karen Email regarding Privileged -Denied.
(Assoc. (Ass't Solicitor, Div. of proposed revisions Attorney- Transmittal of
Solicitor, Div. Mineral Resources) to FMV notice. Client; draft. Does not
of Mineral disclose
Attorney Work
Resources) Product communication
from client
intended to be
FMV FMV 937; confidential nor
FMV 935 10/24/2006
936 FMV 954 the mental
impressions,
conclusions,
opinions, or legal
theories of a
lawyer, except for
a trivial
comment.
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client; unless DOI shows
Lewistown Attorney Work that author is a
Field Office, Product client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV Ted (Acting for review or
FMV 937 10/23/2006
953 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)

46
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client; unless DOI shows
Lewistown Attorney Work that author is a
Field Office, Product client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV Ted (Acting for review or
FMV 954 10/23/2006
970 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)
Hawbecker, Harris, James (Assoc. Yudson, Joel Email regarding Privileged - Denied.
Karen (Ass't Solicitor, Div. of Mineral (Attorney, proposed revisions Attorney- Transmittal of
Solicitor, Div. Resources) Div. of to FMV rule. Client; draft. Does not
of Mineral Mineral Attorney Work disclose
Resources) Resources) Product communication
from client
intended to be
FMV FMV 972; confidential nor
FMV 971 10/24/2006
971 FMV 989 the mental
impressions,
conclusions,
opinions, or legal
theories of a
lawyer, except for
a trivial
comment.

47
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client; unless DOI shows
Lewistown Attorney Work that author is a
Field Office, Product client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV Ted (Acting for review or
FMV 972 10/23/2006
988 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client; unless DOI shows
Lewistown Attorney Work that author is a
Field Office, Product client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV Ted (Acting for review or
FMV 989 10/23/2006
1005 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)

48
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Hudson, Ted (Acting Email regarding Privileged - Denied.
Karen (Ass't Chief, Regulatory proposed revisions Attorney- Transmittal of
Solicitor, Div. Affairs, BLM); to notice of the Client. draft. Does not
of Mineral Leverette, Mitchell Fair Market Value disclose
Resources) (Deputy Division Chief, Rule. communication
Solids, BLM); Murphy, from client
Ted A. (Group Manager, intended to be
Solids, BLM); Haskins, confidential nor,
FMV FMV FMV
10/25/2006 Roger (Senior Specialist, except for the
1006 1006 1007
Mining Law highlighted
Adjudication, BLM) section, the
mental
impressions,
conclusions,
opinions, or legal
theories of a
lawyer.
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
10/23/2006
1007 1023 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)

49
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Hawbecker, Karen Yudson, Joel Email regarding Privileged - Sustained.
(Assoc. Field (Ass't Solicitor, Div. of (Atty., Div. of proposed revisions Attorney-
Manager, Mineral Resources) Min. Res.); to fair market Client.
Lewistown Leverette, value rule notice.
Field Office, Mitchell
Montana, (Dep. Div.
BLM) Chief, Solids,
BLM);
Haskins,
Roger (Sr.
FMV FMV FMV
11/3/2006 Spec., BLM);
1024 1029 1030
Hudson, Ted
(Acting Chief,
Regulatory
Affairs,
BLM);
Murphy, Ted
A. (Gr. Mgr.,
Solids, BLM)

50
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
11/2/2006
1030 1046 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)

51
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Leverette, Haight, Scott (Assoc. Yudson, Joel Email regarding Privileged - Denied
Mitchell Field Manager, (Atty., Div. of proposed revisions Attorney- conditionally
(Deputy Lewistown Field Office, Min. Res.); to fair market Client. unless DOI shows
Division Chief, Montana, BLM) Hawbecker, value rule notice. that author is a
Solids, BLM) Karen (Ass't client and
Solicitor, Div. transmitted the
of Mineral draft to a lawyer
Resources); for review or
Haskins, comment.
Roger
(Senior
FMV FMV FMV Specialist,
11/3/2006
1047 1052 1053 Mining Law
Adjudication,
BLM);
Hudson, Ted
(Act. Chief,
Reg. Aff.,
BLM);
Murphy, Ted
A. (Gr. Mgr.,
Solids, BLM)

52
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
11/2/2006
1053 1069 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)

53
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Haight, Scott (Assoc. Yudson, Joel Email regarding Privileged - Sustained.
Karen (Ass't Field Manager, (Atty., Div. of proposed revisions Attorney-
Solicitor, Div. Lewistown Field Office, Min. Res.); to the fair market Client.
of Mineral Montana, BLM) Leverette, value notice.
Resources) Mitchell
(Dep. Div.
Chief, Solids,
BLM);
Haskins,
Roger (Sr.
FMV FMV FMV Spec., Mining
11/3/2006
1070 1074 1075 Law
Adjudication,
BLM);
Hudson, Ted
(Acting Chief,
Reg. Aff.,
BLM);
Murphy, Ted
A. (Gr. Mgr.,
Solids, BLM)

54
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
11/2/2006
1075 1091 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)

55
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Leverette, Mitchell Yudson, Joel Email regarding Privileged - Denied
(Assoc. Field (Deputy Division Chief, (Atty., Div. of proposed revisions Attorney- conditionally
Manager, Solids, BLM) Mineral to fair market Client. unless DOI shows
Lewistown Resources); value notice. that author is a
Field Office, Hawbecker, client and
Montana, Karen (Ass't transmitted the
BLM) Solicitor, Div. draft to a lawyer
of Min. Res.); for review or
Haskins, comment.
Roger (Sr.
Spec., Mining
FMV FMV FMV Law
11/3/2006
1092 1098 1099 Adjudication,
BLM);
Hudson, Ted
(Acting Chief,
Regulatory
Affairs,
BLM);
Murphy, Ted
A. (Gr. Mgr.,
Solids, BLM)

56
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
11/2/2006
1099 1115 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)
Hawbecker, Yudson, Joel (Attorney, Email regarding Privileged - Sustained
Karen (Ass't Div. of Mineral proposed revisions Attorney- because one or
Solicitor, Div. Resources); Harris, to invalidly claimed Client. more recipients is
FMV FMV FMV
11/7/2006 of Mineral James (Assoc. Solicitor, sections of notice a lawyer.
1116 1116 1117
Resources) Div. of Mineral of Fair Market
Resources) Value Rule.

57
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
11/23/2006
1117 1133 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)

58
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Haight, Scott (Assoc. Yudson, Joel Email regarding Privileged - Denied
(Acting Chief, Field Manager, (Attorney, proposed revisions Attorney- conditionally
Regulatory Lewistown Field Office, Div. of to fair market Client. unless DOI shows
Affairs, BLM) Montana, BLM) Mineral value notice. that author is a
Resources); client and
Hawbecker, transmitted the
Karen (Ass't draft to a lawyer
Solicitor, Div. for review or
of Min. Res.); comment.
Leverette,
FMV FMV FMV Mitchell
11/8/2006
1134 1139 1140 (Dep. Div.
Chief, Solids,
BLM);
Haskins,
Roger (Sr.
Spec., BLM);
Murphy, Ted
A. (Group
Manager,
Solids, BLM)

59
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
11/2/2006
1140 1156 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)
Haight, Scott Hudson, Ted (Acting Hawbecker, Email regarding Privileged - Denied
(Assoc. Field Chief, Regulatory Karen (Ass't proposed revisions Attorney- conditionally
Manager, Affairs, BLM) Solicitor, Div. to ANPR. Client. unless DOI shows
Lewistown of Mineral that author is a
Field Office, Resources) client and
FMV FMV
11/16/2006 Montana, transmitted the
1216 1218
BLM) draft to a lawyer
for review or
comment.

60
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Haight, Scott (Assoc. Hudson, Ted Email regarding Privileged - Denied
Karen (Ass't Field Manager, (Acting Chief, proposed revisions Attorney- conditionally
Solicitor, Div. Lewistown Field Office, Regulatory to language Client. unless DOI shows
of Mineral Montana, BLM) Affairs, BLM) contained in ANPR. that author is a
FMV FMV Resources) client and
11/16/2006
1219 1219 transmitted the
draft to a lawyer
for review or
comment.

Hudson, Ted Haight, Scott (Assoc. Hawbecker, Email regarding Privileged - Denied
(Acting Chief, Field Manager, Karen (Ass't correcting mistake Attorney- conditionally
Regulatory Lewistown Field Office, Solicitor, Div. in ANPR. Client unless DOI shows
Affairs, BLM) Montana, BLM) of Mineral that author is a
FMV FMV Resources) client and
11/20/2006
1220 1221 transmitted the
draft to a lawyer
for review or
comment.

Hudson, Ted Haight, Scott (Assoc. Hawbecker, Email regarding Privileged - Denied
(Acting Chief, Field Manager, Karen (Ass't correcting mistake Attorney- conditionally
Regulatory Lewistown Field Office, Solicitor, Div. in ANPR. Client unless DOI shows
FMV Affairs, BLM) Montana, BLM) of Mineral that author is a
FMV FMV 1223; Resources) client and
11/20/2006
1222 1222 FMV transmitted the
1240 draft to a lawyer
for review or
comment.

61
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
11/20/2006
1223 1239 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
11/20/2006
1240 1256 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)

62
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
11/21/2006
1259 1275 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)
Hawbecker, Hudson, Ted (Acting Email regarding Privileged - Denied,
Karen (Ass't Chief, Regulatory proposed revisions Attorney- Transmittal of
Solicitor, Div. Affairs, BLM); Haight, to ANPR. Client. draft. Does not
of Mineral Scott (Assoc. Field disclose
Resources) Manager, Lewistown communication
Field Office, Montana, from client
FMV FMV FMV BLM); Murphy, Ted A. intended to be
11/28/2006
1278 1278 1279 (Group Manager, Solids, confidential.
BLM); Leverette,
Mitchell (Deputy
Division Chief, Solids,
BLM); Anderson, Bob
(Deputy Asst Director,
BLM)

63
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
11/27/2006
1279 1295 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)
Hawbecker, Hudson, Ted (Acting Email regarding Privileged - Denied. Does not
Karen (Ass't Chief, Regulatory proposed revisions Attorney- disclose
Solicitor, Div. Affairs, BLM); Haight, of ANPR. Client. communication
of Mineral Scott (Assoc. Field from client
Resources) Manager, Lewistown intended to be
FMV FMV FMV0012 Field Office, Montana, confidential nor
11/29/2006
1296 1296 97 BLM) the mental
impressions,
conclusions,
opinions, or legal
theories of a
lawyer.

64
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
11/29/2006
1297 1313 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)
Haight, Scott Anderson, Bob M. (Ass't Hawbecker, Draft Information Privileged - Denied
(Assoc. Field Director, BLM); Karen (Ass't Memorandum Attorney- conditionally
Manager, Murphy, Ted (Group Solicitor, Div. regarding Remand Client unless DOI shows
Lewistown Manager, Solids, BLM) of Mineral of 43 C.F.R. 3809 that author is a
Field Office, Resources); Regulations in client and
FMV FMV Montana, Hudson, Ted Mineral Policy transmitted the
11/21/2006
1349 1349 BLM) (Acting Chief, Center versus draft to a lawyer
Regulatory Norton. for review or
Affairs, BLM) comment.

65
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Murphy, Ted (Group Anderson, Draft Privileged - Denied
(Acting Chief, Manager, Solids, BLM) Bob M. (Ass't memorandum Attorney- conditionally
Regulatory Director, regarding Client unless DOI shows
Affairs, BLM) BLM); Communication that author is a
Hawbecker, Plan and ANPR client and
Karen (Ass't under 43 C.F.R. transmitted the
Solicitor, Div. 3809. draft to a lawyer
of Mineral for review or
FMV FMV Resources); comment.
11/13/2006
1353 1356 Haight, Scott
(Assoc. Field
Manager,
Lewistown
Field Office,
Montana,
BLM)

Haight, Scott Anderson, Bob M. (Ass't Hawbecker, Draft Information Privileged - Denied
(Assoc. Field Director, BLM); Karen (Ass't Memorandum Attorney- conditionally
Manager, Murphy, Ted (Group Solicitor, Div. regarding Remand Client unless DOI shows
Lewistown Manager, Solids, BLM) of Mineral of 43 C.F.R. 3809 that author is a
Field Office, Resources); Regulations in client and
FMV FMV Montana, Hudson, Ted Mineral Policy transmitted the
11/21/2006
1357 1357 BLM) (Acting Chief, Center v. Norton. draft to a lawyer
Regulatory for review or
Affairs, BLM) comment.

66
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Murphy, Ted Draft Information Privileged - Denied
Memorandum Attorney- conditionally
regarding District Client unless DOI shows
Court remand of that author is a
43 C.F.R. 3809 cleint and
FMV FMV
12/21/2006 surface transmitted the
1359 1360
management draft to a lawyer
regulations in for review or
Mineral Policy comment.
Center versus
Norton.
Murphy, Ted Draft Information Privileged - Denied
Memorandum Attorney- conditionally
regarding BLM Client unless DOI shows
response to the that author is a
District Court client and
FMV FMV remand of the 43 transmitted the
12/21/2006
1362 1363 C.F.R. 3809 surface draft to a lawyer
management for review or
regulations in comment.
Mineral Policy
Center v. Norton.

67
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Murphy, Ted (Group Anderson, Memorandum Privileged - Denied.
(Acting Chief, Manager, Solids, BLM) Bob M. (Ass't regarding the Attorney- Transmittal of
Regulatory Director, communication Client draft. Does not
Affairs, BLM) BLM); plan for the ANPR disclose
Hawbecker, on surface communication
Karen (Ass't management. from client
Solicitor, Div. intended to be
of Mineral confidential nor
FMV FMV Resources); the mental
Undated
1367 1370 Haight, Scott impressions,
(Assoc. Field conclusions,
Manager, opinions, or legal
Lewistown theories of a
Field Office, lawyer.
Montana,
BLM)

Murphy, Ted Draft Information Privileged - Denied.
(Group Memorandum Attorney- Transmittal of
Manager, regarding BLM Client draft. Does not
Solids, BLM) response to the disclose
District Court communication
FMV FMV remand of the 43 from client
11/21/2006
1371 1371 C.F.R. 3809 surface intended to be
management confidential.
regulations in
Mineral Policy
Center v. Norton.

68
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Murphy, Ted Draft Information Privileged - Denied.
(Group Memorandum Attorney- Transmittal of
Manager, regarding BLM Client draft. Does not
Solids, BLM); response to the disclose
Haight, Scott District Court communication
FMV FMV (Assoc. Field remand of the 43 from client
12/26/2006
1378 1379 Manager, C.F.R. 3809 surface intended to be
Lewistown management confidential.
Field Office, regulations in
Montana, Mineral Policy
BLM) Center v. Norton.

Briggs, Vickie Draft Information Privileged - Denied.
(Public Affairs Memorandum Attorney- Transmittal of
Specialist, regarding BLM Client. draft. Does not
BLM) response to disclose
District Court communication
FMV FMV remand of the from client
12/28/2006
1386 1388 3809 Surface intended to be
Management confidential.
Regulations in
Mineral Policy
Center versus
Norton.

69
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Haight, Scott (Assoc. Draft Information Privileged - Denied.
Karen (Ass't Field Manager, Memorandum Attorney- Transmittal of
Solicitor, Div. Lewistown Field Office, regarding Remand Client draft. Does not
of Mineral Montana, BLM), Aird, of 43 C.F.R. 3809 disclose
Resources) Brenda (Senior Advisor, Regulations in communication
Office of the Ass't Mineral Policy from client
FMV FMV Sec'y); Anderson, Bob Center versus intended to be
12/28/2006
1397 1399 (Ass't Director, BLM); Norton. confidential.
Hudson, Ted (Acting
Chief, Regulatory
Affairs, BLM), Murphy,
Ted (Group Manager,
Solids, BLM)

Anderson, Bob Hawbecker, Karen Draft Information Privileged - Denied.
(Ass't (Ass't Solicitor, Div. of Memorandum Attorney- Transmittal of
Director, BLM) Mineral Resources); regarding Remand Client draft. Does not
Haight, Scott (Assoc. of 43 C.F.R. 3809 disclose
Field Manager, Regulations in communication
Lewistown Field Office, Mineral Policy from client
FMV FMV
12/28/2006 Montana, BLM); Center versus intended to be
1409 1411
Leverette, Mitchell Norton. confidential.
(Deputy Division Chief,
Solids, BLM); Abbott,
Jim (Acting Ass't
Director, BLM)

70
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Anderson, Bob Hawbecker, Karen Draft Information Privileged - Denied.
(Ass't (Ass't Solicitor, Div. of Memorandum Attorney- Transmittal of
Director, BLM) Mineral Resources); regarding Remand Client draft. Does not
Haight, Scott (Assoc. of 43 C.F.R. 3809 disclose
Field Manager, Regulations in communication
Lewistown Field Office, Mineral Policy from client
FMV FMV Montana, BLM); Center versus intended to be
12/28/2006
1412 1415 Leverette, Mitchell Norton. confidential nor
(Deputy Division Chief, the mental
Solids, BLM); Abbott, impressions,
Jim (Acting Ass't conclusions,
Director, BLM) opinions, or legal
theories of a
lawyer.
Hawbecker, Haight, Scott (Assoc. Draft Information Privileged - Denied.
Karen (Ass't Field Manager, Memorandum Attorney- Transmittal of
Solicitor, Div. Lewistown Field Office, regarding District Client draft. Does not
of Mineral Montana, BLM), Aird, Court remand of disclose
Resources) Brenda (Senior Advisor, 43 C.F.R. 3809 communication
Office of the Ass't surface from client
FMV FMV Sec'y); Anderson, Bob management intended to be
12/28/2006
1420 1422 (Ass't Director, BLM); regulations in confidential.
Hudson, Ted (Acting Mineral Policy
Chief, Regulatory Center versus
Affairs, BLM), Murphy, Norton.
Ted (Group Manager,
Solids, BLM)

71
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Draft Information Privileged - Denied as to
Karen (Ass't Memorandum Attorney- Attorney-Client
Solicitor, Div. regarding BLM's Client; and sustained as
of Mineral response to the Attorney Work to work product.
Resources) District Court Product.
FMV FMV
1/5/2007 remand of the
1438 1441
3809 surface
management
regulations in
Mineral Policy
Center v. Norton.
Hawbecker, Draft Information Privileged - Denied.
Karen (Ass't Memorandum Attorney- Transmittal of
Solicitor, Div. regarding BLM Client. draft. Does not
of Mineral response to disclose
Resources); District Court communication
FMV FMV Briggs, Vickie remand of the from client
1/5/2007
1447 1449 (Public Affairs 3809 Surface intended to be
Specialist, Management confidential.
BLM) Regulations in
Mineral Policy
Center versus
Norton.

72
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Draft Information Privileged - Denied.
Karen (Ass't Memorandum Attorney- Transmittal of
Solicitor, Div. regarding BLM Client. draft. Does not
of Mineral response to disclose
Resources); District Court communication
FMV FMV Briggs, Vickie remand of the from client
1/5/2007
1450 1453 (Public Affairs 3809 Surface intended to be
Specialist, Management confidential.
BLM) Regulations in
Mineral Policy
Center versus
Norton.

73
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Aird, Brenda Hawbecker, Karen Draft Information Privileged - Denied.
(Senior (Ass't Solicitor, Div. of Memorandum Attorney- Transmittal of
Advisor, Office Mineral Resources); regarding Remand Client. draft. Does not
of the Ass't Anderson, Bob (Deputy of 43 C.F.R. 3809 disclose
Sec'y) Ass't Director, BLM); Regulations in communication
Abbott, Jim (Acting Mineral Policy from client
Ass't Director, BLM); Center versus intended to be
Leverette, Mitchell Norton. confidential.
(Deputy Division Chief,
Solids, BLM); Haight,
FMV FMV Scott (Assoc. Field
1/5/2007
1459 1462 Manager, Lewistown
Field Office, Montana
BLM); Hudson, Ted
(Acting Chief,
Regulatory Affairs,
BLM); Murphy, Ted,
(Group Manager, Solids,
BLM); Gauthier-
Warriner, Barbara (BLM
Liaison, Office of the
Ass't Sec'y)

74
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Aird, Brenda Hawbecker, Karen Draft Information Privileged - Denied.
(Senior (Ass't Solicitor, Div. of Memorandum Attorney- Transmittal of
Advisor, Office Mineral Resources); regarding Remand Client draft. Does not
of the Ass't Anderson, Bob (Deputy of 43 C.F.R. 3809 disclose
Sec'y) Ass't Director, BLM); Regulations in communication
Abbott, Jim (Acting Mineral Policy from client
Ass't Director, BLM); Center versus intended to be
Leverette, Mitchell Norton. confidential.
(Deputy Division Chief,
Solids, BLM); Haight,
FMV FMV Scott (Assoc. Field
1/5/2007
1463 1465 Manager, Lewistown
Field Office, Montana
BLM); Hudson, Ted
(Acting Chief,
Regulatory Affairs,
BLM); Murphy, Ted,
(Group Manager, Solids,
BLM); Gauthier-
Warriner, Barbara (BLM
Liaison, Office of the
Ass't Sec'y)

75
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Aird, Brenda Hawbecker, Karen Draft Information Privileged - Denied.
(Senior (Ass't Solicitor, Div. of Memorandum Attorney- Transmittal of
Advisor, Office Mineral Resources); regarding Remand Client draft. Does not
of the Ass't Anderson, Bob (Deputy of 43 C.F.R. 3809 disclose
Sec'y) Ass't Director, BLM); Regulations in communication
Abbott, Jim (Acting Mineral Policy from client
Ass't Director, BLM); Center versus intended to be
Leverette, Mitchell Norton. confidential.
(Deputy Division Chief,
Solids, BLM); Haight,
FMV FMV Scott (Assoc. Field
1/5/2007
1466 1469 Manager, Lewistown
Field Office, Montana
BLM); Hudson, Ted
(Acting Chief,
Regulatory Affairs,
BLM); Murphy, Ted,
(Group Manager, Solids,
BLM); Gauthier-
Warriner, Barbara (BLM
Liaison, Office of the
Ass't Sec'y)

76
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Aird, Brenda Anderson, Email regarding Nonprivileged - To be released.
Karen (Ass't (Renewable Energy Bob M. (Dep. proposed revisions to be released
Solicitor, Div. Advisor, Office of the AD, BLM); to the fair market
of Mineral Ass't Sec'y) Abbott, Jim value rule briefing
Resources) (Act. AD, paper.
BLM);
Leverette,
M. (Dep. DC,
BLM);
Haight, S.
(Ass. Field
FMV FMV
1/8/2007 Mgr., BLM);
1470 1474
Hudson, Ted
(AC, Reg.
Aff., BLM);
Murphy, Ted
A. (Gr. Mgr.,
BLM);
Gauthier-
Warinner, B.
(Office of
Ass't Sec'y)

77
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Abbott, Jim Information Privileged - Denied. Does not
(Acting Ass't Memorandum Attorney- disclose a
Director, regarding Client communication
BLM); Haight, proposed rule Privileged from a client
Scott (Assoc. amending the intended to be
Field Bureau of Land confidential.
Manager, Management
Lewistown Surface
Field Office, Management
FMV FMV Montana, Regulations for
1/10/2007
1476 1479 BLM); Briggs, Operations
Vickie (Public Authorized by the
Affairs Mining Laws under
Specialist, 43 C.F.R. 3809.
BLM);
Anderson,
Robert M.
(Deputy Ass't
Director, BLM)

Briggs, Vickie Draft Information Privileged - Denied. Does not
(Public Affairs Memorandum Attorney- disclose a
Specialist, regarding BLM Client communication
BLM); response to Privileged from a client
FMV FMV Gauthier- Mineral Policy intended to be
1/10/2007
1481 1484 Warinner, Center v. Norton confidential. It is
Barbara (BLM Court remand of a report by an
Liaison, Office regulations. attorney on a
of the Ass't decided case.
Sec'y)

78
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Murrellwright, Draft Information Privileged - Denied. Does not
Scott Memorandum Attorney- disclose a
(Geologist, regarding BLM Client communication
BLM); response to Privileged from a client
Maybee, J.; Mineral Policy intended to be
Gauthier- Center v. Norton confidential.
FMV FMV Warinner, Court remand of
1/9/2007
1485 1486 Barbara regulations.
Gauthier-
Warinner,
Barbara (BLM
Liaison, Office
of the Ass't
Sec'y)
Brady, Ray Murrellwright, Thomas Leverette, Email regarding Privileged - Denied
(Energy Team (Geologist, BLM) Mitchell follow-up Attorney- conditionally
Manager, (Deputy questions on the Client. unless DOI shows
BLM) Division discussion on how that author is a
Chief, Solids, to proceed with client and sought
BLM); notice of FMV rule advice or legal
Kupferman, under Kennedy guidance from a
Steve decision. lawyer.
(Geologist,
FMV FMV
11/14/2007 California
1703 1705
State Office,
BLM);
Haskins,
Roger
(Senior
Specialist,
Mining Law
Adjudication,
BLM)

79
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Murrellwright, Brady, Ray (Energy Leverette, Email regarding Privileged - Denied
Thomas Team Manager, BLM) Mitchell discussion on how Attorney- conditionally
(Geologist, (Deputy to proceed with Client. unless DOI shows
BLM) Division notice of FMV rule that author is a
Chief, Solids, under Kennedy client and sought
BLM); decision. advice or legal
Kupferman, guidance from a
Steve lawyer.
(Geologist,
FMV FMV
11/14/2007 California
1706 1707
State Office,
BLM);
Haskins,
Roger
(Senior
Specialist,
Mining Law
Adjudication,
BLM)

80
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Murrellwright, Brady, Ray (Energy Leverette, Email regarding Privileged - Denied
Thomas Team Manager, BLM) Mitchell followup question Attorney- conditionally
(Geologist, (Deputy on the FMV rule Client. unless DOI shows
BLM) Division under Mineral that author is a
Chief, Solids, Policy Center v. client and sought
BLM); Norton. advice or legal
Haskins, guidance from a
Roger lawyer.
(Senior
Specialist,
Mining Law
Adjudication,
FMV FMV
11/15/2007 BLM);
1708 1711
Kupferman,
Steve
(Geologist,
California
State Office,
BLM);
Hudson, Ted
(Acting Chief,
Regulatory
Affairs, BLM)

81
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
BLM Nitta, Kendra (Attorney, Draft Interim Final Privileged - Denied
Div. of Mineral Rule. attorney client conditionally as
Resources); Hawbecker, Attorney Work to Attorney-Client
Karen (Ass't Solicitor, Product. privilege unless
Div. of Mineral DOI shows that
Resources); McKeown, author is a client
Matt (Deputy Assoc. and transmitted
FMV FMV Solicitor, Div. of Mineral the draft to a
11/26/2007
1712 1720 Resources); Harris, lawyer for review
James (Assoc. Solicitor, or comment.
Div. of Mineral Decision as to
Resources) Work Product
held in abeyance.

Haight, Scott Draft interim final Privileged - Denied
(Assoc. Field fair market value Attorney- conditionally as
Manager, rule. Client - to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product. DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
FMV FMV Ted (Acting the draft to a
11/27/2007
1721 1726 Chief, lawyer for review
Regulatory or comment.
Affairs, BLM) Decision as to
Work Product
held in abeyance.

82
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
11/29/2007 Nitta, Kendra Hawbecker, Karen Email regarding Privileged - Denied.
(Attorney, Div. (Ass't Solicitor, Div. of draft interim fair Attorney- Transmittal of
of Mineral Mineral Resources) market value rule. Client - draft. Does not
Resources) Attorney Work disclose
Product. communication
from client
intended to be
FMV FMV confidential nor
1727 1727 the mental
impressions,
conclusions,
opinions, or legal
theories of a
lawyer, except for
a trivial
comment.
12/11/2007 Hawbecker, Anderson, Bob M. Email regarding Nonprivileged - To be released.
Karen (Ass't (Deputy Ass't Director, draft of the FMV to be released
FMV FMV
Solicitor, Div. BLM) rule and
1728 1728
of Mineral reclamation
Resources) handbook.
1/15/2008 Harris, James Hawbecker, Karen Email regarding Nonprivileged - To be released.
(Assoc. (Ass't Solicitor, Div. of proposed revisions to be released
FMV FMV FMV
Solicitor, Div. Mineral Resources) to FMV Rule.
1748 1748 1749
of Mineral
Resources)
1/15/2008 Harris, James Draft document Privileged - Sustained as to
(Assoc. regarding Attorney- work product.
FMV FMV
Solicitor, Div. proposed revisions Client;
1749 1750
of Mineral to Insert A of the Attorney Work
Resources) FMV rule. Product

83
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Harris, James McKeown, Matthew Email regarding Nonprivileged - To be released.
(Assoc. (Deputy Assoc. Solicitor, proposed revisions to be released
Solicitor, Div. Div. of Mineral to FMV rule.
of Mineral Resources); Hawbecker,
FMV FMV Resources) Karen (Ass't Solicitor,
1/15/2008
1751 1751 Div. of Mineral
Resources); Nitta,
Kendra (Attorney, Div.
of Mineral Resources)

Hawbecker, McKeown, Matthew Email regarding Nonprivileged - To be released.
Karen (Ass't (Deputy Assoc. Solicitor, proposed revisions to be released
Solicitor, Div. Div. of Mineral to FMV rule.
FMV FMV FMV
1/15/2008 of Mineral Resources); Harris,
1752 1752 1753
Resources) James (Assoc. Solicitor,
Div. of Mineral
Resources)
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally as
Manager, Client; to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
FMV FMV Ted (Acting the draft to a
1/11/2008
1753 1758 Chief, lawyer for review
Regulatory or comment.
Affairs, BLM) Decision as to
Work Product
held in abeyance.

84
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Harris, James Hawbecker, Karen Email regarding Privileged - Sustianed as to
(Assoc. (Ass't Solicitor, Division proposed revisions Attorney- the work product
Solicitor, Div. of Mineral Resources); to preamble Client; privilege but only
FMV FMV
1/16/2008 of Mineral McKeown, Matthew language of the Attorney Work as to highlighted
1760 1760
Resources) (Deputy Assoc. Solicitor, FMV rule. Product material.
Div. of Mineral
Resources)
Hawbecker, Harris, James (Assoc. McKeown, Email regarding Privileged - Sustained as to
Karen (Ass't Solicitor, Div. of Mineral Matthew proposed revisions Attorney- work product.
Solicitor, Div. Resources) (Deputy to preamble Client;
FMV FMV FMV of Mineral Assoc. language of draft Attorney Work
1/17/2008
1761 1761 1762 Resources) Solicitor, Div. interim final FMV Product
of Mineral rule.
Resources)

Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally as
Manager, Client; to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
FMV FMV Ted (Acting the draft to a
1/15/2008
1762 1768 Chief, lawyer for review
Regulatory or comment.
Affairs, BLM) Decision as to
Work Product
held in abeyance.

85
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Harris, James (Assoc. McKeown, Email regarding Privileged - Sustained as to
Karen (Ass't Solicitor, Div. of Mineral Matthew proposed revisions Attorney- work product.
Solicitor, Div. Resources) (Deputy to preamble Client;
FMV FMV FMV of Mineral Assoc. language of draft Attorney Work
1/17/2008
1769 1769 1770 Resources) Solicitor, Div. interim final FMV Product
of Mineral rule.
Resources)

Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally as
Manager, Client; to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
FMV FMV Ted (Acting the draft to a
1/15/2008
1770 1776 Chief, lawyer for review
Regulatory or comment.
Affairs, BLM) Decision as to
Work Product
held in abeyance.

86
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally as
Manager, Client; to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
FMV FMV Ted (Acting the draft to a
1/23/2008
1777 1789 Chief, lawyer for review
Regulatory or comment.
Affairs, BLM) Decision as to
Work Product
held in abeyance.

Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
FMV FMV
1/29/2008 Montana, transmitted the
1790 1796
BLM); Hudson, draft to a lawyer
Ted (Acting for review or
Chief, comment.
Regulatory
Affairs, BLM)

87
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Harris, James Hawbecker, Karen Email regarding Privileged - Denied.
(Assoc. (Ass't Solicitor, Div. of proposed revisions Attorney- Transmittal of
Solicitor, Div. Mineral Resources); to draft interim Client; draft. Does not
of Mineral McKeown, Matthew final FMV rule. Attorney Workdisclose
Resources) (Deputy Assoc. Solicitor, Product communication
Div. of Mineral from client
FMV FMV FMV Resources) intended to be
1/29/2008
1797 1797 1798 confidential nor
the mental
impressions,
conclusions,
opinions, or legal
theories of a
lawyer.
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally as
Manager, Client; to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
FMV FMV Ted (Acting the draft to a
1/29/2008
1798 1804 Chief, lawyer for review
Regulatory or comment.
Affairs, BLM); Decision as to
Harris, James Work Product
(Assoc. held in abeyance.
Solicitor, Div.
of Mineral
Resources)

88
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Harris, James Hawbecker, Karen McKeown, Email regarding Privileged - Denied. Does not
(Assoc. (Ass't Solicitor, Div. of Matthew proposed revisions Attorney- disclose
Solicitor, Div. Mineral Resources) (Deputy to draft interim Client - communication
of Mineral Assoc. final FMV rule. Attorney Work from client
FMV Resources) Solicitor, Div. Product intended to be
1807; of Mineral confidential nor
FMV FMV FMV Resources) the mental
1/29/2008
1805 1806 1814; impressions,
FMV conclusions,
1821 opinions, or legal
theories of a
lawyer.

89
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally as
Manager, Client; to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
Ted (Acting the draft to a
Chief, lawyer for review
Regulatory or comment.
FMV FMV
1/29/2008 Affairs, BLM); Decision as to
1807 1813
Nitta, Kendra Work Product
(Attorney, Div. held in abeyance.
of Mineral
Resources);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)

90
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally as
Manager, Client; to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
Ted (Acting the draft to a
Chief, lawyer for review
Regulatory or comment.
FMV FMV
1/29/2008 Affairs, BLM); Decision as to
1814 1820
Nitta, Kendra Work Product
(Attorney, Div. held in abeyance.
of Mineral
Resources);
Harris, James
(Assoc.
Solicitor, Div.
of Mineral
Resources)

Restatement of Non-privileged To be released.
FMV FMV the Law regarding - to be
1/1/1944
1821 1823 Property, Section released
512 on licenses.

91
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Harris, James (Assoc. McKeown, Email regarding Privileged - Denied.
Karen (Ass't Solicitor, Div. of Mineral Matthew proposed revisions Attorney- Transmittal of
Solicitor, Div. Resources) (Deputy to draft interim Client - draft. Does not
of Mineral Assoc. final FMV rule. Attorney Work disclose
Resources) Solicitor, Div. Product communication
FMV of Mineral from client
FMV FMV 1825; Resources) intended to be
1/29/2008
1824 1824 FMV confidential nor
1832 the mental
impressions,
conclusions,
opinions, or legal
theories of a
lawyer.

92
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally as
Manager, Client; to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
Ted (Acting the draft to a
Chief, lawyer for review
Regulatory or comment.
FMV FMV
1/29/2008 Affairs, BLM); Decision as to
1825 1831
Nitta, Kendra Work Product
(Attorney, Div. held in abeyance.
of Mineral
Resources);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)

93
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally as
Manager, Client; to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
Ted (Acting the draft to a
Chief, lawyer for review
Regulatory or comment.
FMV FMV
1/29/2008 Affairs, BLM); Decision as to
1832 1838
Harris, James Work Product
(Assoc. held in abeyance.
Solicitor, Div.
of Mineral
Resources);
Nitta, Kendra
(Attorney, Div.
of Mineral
Resources)

94
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Harris, James (Assoc. McKeown, Email regarding Denied.
Privileged -
Karen (Ass't Solicitor, Div. of Mineral Matthew proposed revisions Attorney- Transmittal of
Solicitor, Div. Resources) (Deputy to draft interim Client; draft. Does not
of Mineral Assoc. final fair market disclose
Attorney Work
Resources) Solicitor, Div. value rule. Product. communication
of Mineral from client
FMV0018
FMV FMV Resources) intended to be
40;FMV0 1/29/2008
1839 1839 confidential nor
01847
the mental
impressions,
conclusions,
opinions, or legal
theories of a
lawyer
Hawbecker, Draft interim final Privileged - Denied
Karen (Ass't rule amending the Attorney- conditionally as
Solicitor, Div. BLM Surface Client; to Attorney-Client
of Mineral Management Attorney Work privilege unless
Resources); Regulations for Product. DOI shows that
Nitta, Kendra Operations author is a client
(Attorney, Div. Authorized by the and transmitted
FMV FMV of Mineral Mining Laws under the draft to a
1/29/2008
1840 1846 Resources); 43 C.F.R. 3809. lawyer for review
Hudson, Scott; or comment.
Haight, Ted Decision as to
Work Product
held in abeyance.

95
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Harris, James Draft interim final Privileged - Sustained as to
(Assoc. rule amending the Attorney- work product.
Solicitor, Div. BLM Surface Client;
of Mineral Management Attorney Work
Resources); Regulations for Product.
Nitta, Kendra Operations
(Attorney, Div. Authorized by the
of Mineral Mining Laws under
Resources); 43 C.F.R. 3809.
Haight, Scott
FMV FMV
1/29/2008 (Assoc. Field
1847 1853
Manager,
Lewistown
Field Office,
Montana,
BLM); Hudson,
Ted (Acting
Chief,
Regulatory
Affairs, BLM)

96
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Harris, James (Assoc. McKeown, Email regarding Privileged - Denied. Does not
Karen (Ass't Solicitor, Div. of Mineral Matthew proposed revisions Attorney- disclose
Solicitor, Div. Resources) (Deputy to draft interim Client; communication
of Mineral Assoc. final FMV rule. Attorney Work from client
FMV Resources) Solicitor, Div. Product intended to be
1856; of Mineral confidential nor
FMV FMV FMV Resources) the mental
1/30/2008
1854 1855 1863; impressions,
FMV conclusions,
1870 opinions, or legal
theories of a
lawyer.

97
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally as
Manager, Client; to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
Ted (Acting the draft to a
Chief, lawyer for review
Regulatory or comment.
FMV FMV
1/29/2008 Affairs, BLM); Decision as to
1856 1862
Hawbecker, Work Product
Karen (Ass't held in abeyance.
Solicitor, Div.
of Mineral
Resources);
Nitta, Kendra
(Attorney, Div.
of Mineral
Resources)

98
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally as
Manager, Client; to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
Ted (Acting the draft to a
Chief, lawyer for review
Regulatory or comment.
FMV FMV
1/29/2008 Affairs, BLM); Decision as to
1863 1869
Nitta, Kendra Work Product
(Attorney, Div. held in abeyance.
of Mineral
Resources);
Harris, James
(Assoc.
Solicitor, Div.
of Mineral
Resources)

Restatement of Nonprivileged - To be released.
FMV FMV the Law regarding to be released
1/1/1944
1870 1872 Property, Section
512 on licenses.

99
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Draft Interim Final Privileged - Denied
Karen (Ass't Rule. Attorney- conditionally
Solicitor, Div. Client. unless DOI shows
of Mineral that author is a
Resources); client and
Nitta, Kendra transmitted the
(Attorney, Div. draft to a lawyer
of Mineral for review or
Resources); comment.
Haight, Scott
FMV FMV
1/30/2008 (Assoc. Field
1874 1880
Manager,
Lewistown
Field Office,
Montana,
BLM); Hudson,
Ted (Acting
Chief,
Regulatory
Affairs, BLM)

100
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Anderson, Bob M. Hawbecker, Email regarding Privileged - Denied, except
(Acting Chief, (Deputy Ass't Director, Karen (Ass't proposed revisions Attorney- for highlighted
Regulatory BLM) Solicitor, Div. to draft interim Client. part.
Affairs, BLM) of Mineral final FMV rule.
Resources);
Nitta, Kendra
(Attorney,
Div. of
Mineral
Resources);
Leverette,
FMV FMV FMV
1/31/2008 Mitchell
1881 1882 1883
(Deputy
Division
Chief, Solids,
BLM);
Haight, Scott
(Assoc. Field
Manager,
Montana,
BLM)

101
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Draft Interim Final Privileged - Denied
(Acting Chief, Rule. Attorney- conditionally
Regulatory Client. unless DOI shows
Affairs, BLM); that author is a
Nitta, Kendra client and
(Attorney, Div. transmitted the
of Mineral draft to a lawyer
FMV FMV Resources); for review or
1/31/2008
1883 1898 Haight, Scott comment.
(Assoc. Field
Manager,
Lewistown
Field Office,
Montana,
BLM)

Hudson, Ted Draft Interim Final Privileged - Denied
(Acting Chief, Rule. Attorney- conditionally
Regulatory Client. unless DOI shows
Affairs, BLM); that author is a
Nitta, Kendra client and
(Attorney, Div. transmitted the
of Mineral draft to a lawyer
FMV FMV Resources); for review or
1/31/2008
1900 1906 Haight, Scott comment.
(Assoc. Field
Manager,
Lewistown
Field Office,
Montana,
BLM)

102
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Nitta, Kendra Draft Interim Final Privileged - Denied
(Attorney, Div. Rule. Attorney- conditionally
of Mineral Client. unless DOI shows
Resources); that author is a
Hawbecker, client and
Karen (Ass't transmitted the
Solicitor, Div. draft to a lawyer
of Mineral for review or
Resources); comment.
Hudson, Ted
FMV FMV
1/31/2008 (Acting Chief,
1908 1914
Regulatory
Affairs, BLM);
Haight, Scott
(Assoc. Field
Manager,
Lewistown
Field Office,
Montana,
BLM)

103
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Hawbecker, Karen Anderson, Email regarding Privileged - Granted as to
(Acting Chief, (Ass't Solicitor, Div. of Bob M. (Dep. proposed revisions Attorney- highlighted part.
Regulatory Mineral Resources) A.D., BLM); to draft interim Client
Affairs, BLM) Nitta, Kendra final fair market
(Atty., Div. of value rule.
Mineral
Resources);
Leverette,
Mitchell
(Deputy
FMV FMV FMV
2/1/2008 Division
1915 1916 1917
Chief, Solids,
BLM);
Haight, Scott
(Assoc. Field
Manager,
Lewistown
Field Office,
Montana,
BLM)

104
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Draft Interim Final Privileged - Denied
(Acting Chief, Rule. Attorney- conditionally
Regulatory Client unless DOI shows
Affairs, BLM); that author is a
Nitta, Kendra client and
(Attorney, Div. transmitted the
of Mineral draft to a lawyer
FMV FMV Resources); for review or
2/1/2008
1917 1929 Haight, Scott comment.
(Assoc. Field
Manager,
Lewistown
Field Office,
Montana,
BLM)

105
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Anderson, Bob Hudson, Ted (Acting Hawbecker, Email regarding Privileged - Denied, except
M. (Deputy Chief, Regulatory Karen (Ass't decision to discuss Attorney- for highlighted
Ass't Director, Affairs, BLM) Solicitor, Div. draft interim final Client section.
BLM) of M.R.); FMV rule with
Nitta, Kendra solids experts.
(Attorney,
Div. of M.R.);
Leverette,
Mitchell
(Deputy
FMV FMV FMV Division
2/6/2008
1930 1931 1932 Chief, Solids,
BLM);
Haight, Scott
(Assoc. Field
Manager,
Lewistown
Field Office,
Montana,
BLM)

106
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Draft Interim Final Privileged - Denied
(Acting Chief, Rule. Attorney- conditionally
Regulatory Client. unless DOI shows
Affairs, BLM); that author is a
Nitta, Kendra client and
(Attorney, Div. transmitted the
of Mineral draft to a lawyer
FMV FMV Resources); for review or
2/6/2008
1932 1945 Haight, Scott comment.
(Assoc. Field
Manager,
Lewistown
Field Office,
Montana,
BLM)

107
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Hawbecker, Karen Anderson, Email regarding Privileged - Sustained.
(Acting Chief, (Ass't Solicitor, Div. of Bob; Nitta, proposed revisions Attorney-
Regulatory Mineral Resources) Kendra to draft interim Client
Affairs, BLM) (Attorney, final FMV rule.
Div. of
Mineral
Resources);
Leverette,
Mitchell
FMV FMV FMV (Deputy
2/6/2008
1946 1946 1947 Division
Chief, Solids,
BLM);
Haight, Scott
(Assoc. Field
Manager,
Lewistown
Field Office,
Montana,
BLM)

108
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Draft Interim Final Privileged - Sustained as to
(Acting Chief, Rule. Attorney- the highlighted
Regulatory Client. part.
Affairs, BLM);
Nitta, Kendra
(Attorney, Div.
of Mineral
FMV FMV Resources);
2/6/2008
1947 1960 Haight, Scott
(Assoc. Field
Manager,
Lewistown
Field Office,
Montana,
BLM)

109
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Anderson, Bob M. Hawbecker, Email regarding Privileged - Denied
(Assoc. Field (Deputy Ass't Director, Karen (Ass't proposed revisions Attorney- conditionally
Manager, BLM) Solicitor, Div. to draft interim Client unless DOI shows
Lewistown of Mineral final FMV rule. that author is a
Field Office, Resources); client and
Montana, Nitta, Kendra transmitted the
BLM) (Attorney, draft to a lawyer
Div. of for review or
Mineral comment.
Resources);
Leverette,
FMV FMV FMV Mitchell
2/7/2008
1961 1963 1964 (Deputy
Division
Chief, Solids,
BLM);
Hudson, Ted
(Acting Chief,
Regulatory
Affairs, BLM)

110
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Nitta, draft to a lawyer
FMV FMV Kendra for review or
2/7/2008
1964 1977 (Attorney, Div. comment.
of Mineral
Resources);
Hudson, Ted
(Acting Chief,
Regulatory
Affairs, BLM)

111
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Haight, Scott (Assoc. Anderson, Email regarding Privileged - Denied, except
Karen (Ass't Field Manager, Bob M. concerns and Attorney- for highlighted
Solicitor, Div. Lewistown Field Office, (Deputy Ass't proposed revisions Client. section.
of Mineral Montana, BLM) Director, to draft interim
Resources) BLM); Nitta, final fair market
Kendra value rule.
(Attorney,
Div. of
Mineral
Resources);
Leverette,
FMV FMV
2/11/2008 Mitchell
1978 1980
(Deputy
Division
Chief, Solids,
BLM);
Hudson, Ted
(Acting Chief,
Regulatory
Affairs, BLM)

112
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Harris, James Hawbecker, Karen McKeown, Email regarding Privileged - Denied. Does not
(Assoc. (Ass't Solicitor, Div. of Matthew Mike Nedd Attorney- disclose
Solicitor, Div. Mineral Resources) (Deputy Attorney-Client Client; communication
of Mineral Assoc. communication Attorney Work from client
FMV Resources) Solicitor, Div. with review of Product intended to be
1984; of Mineral FMV rule. confidential nor
FMV FMV FMV Resources) the mental
2/14/2008
1981 1983 1991; impressions,
FMV conclusions,
1998 opinions, or legal
theories of a
lawyer, except for
a trivial
comment.

113
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally as
Manager, Client; to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
Ted (Acting the draft to a
Chief, lawyer for review
Regulatory or comment.
FMV FMV
1/29/2008 Affairs, BLM); Decision as to
1984 1990
Hawbecker, Work Product
Karen (Ass't held in abeyance.
Solicitor, Div.
of Mineral
Resources);
Nitta, Kendra
(Attorney, Div.
of Mineral
Resources)

114
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally as
Manager, Client; to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
Ted (Acting the draft to a
Chief, lawyer for review
Regulatory or comment.
FMV FMV
1/29/2008 Affairs, BLM); Decision as to
1991 1997
Harris, James Work Product
(Assoc. held in abeyance.
Solicitor, Div.
of Mineral
Resources);
Nitta, Kendra
(Attorney, Div.
of Mineral
Resources)

Restatement of Nonprivileged - To be released.
FMV FMV the Law regarding to be released
1/1/1944
1998 2000 Property, Section
512 on licenses.

115
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Harris, James (Assoc. McKeown, Email regarding Privileged - Denied. Does not
Karen (Ass't Solicitor, Div. of Mineral Matthew proposed revisions Attorney- disclose
Solicitor, Div. Resources) (Deputy to draft interim Client; communication
of Mineral Assoc. final FMV rule. Attorney Work from client
FMV
Resources) Solicitor, Div. Product intended to be
2003;
of Mineral confidential nor
FMV FMV FMV
2/14/2008 Resources) the mental
2001 2002 2010;
impressions,
FMV
conclusions,
2017
opinions, or legal
theories of a
lawyer ecept for
highlighted part.

116
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally as
Manager, Client; to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
Ted (Acting the draft to a
Chief, lawyer for review
Regulatory or comment.
FMV FMV
1/29/2008 Affairs, BLM); Decision as to
2003 2009
Nitta, Kendra Work Product
(Attorney, Div. held in abeyance.
of Mineral
Resources);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)

117
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally as
Manager, Client; to Attorney-Client
Lewistown Attorney Work privilege unless
Field Office, Product DOI shows that
Montana, author is a client
BLM); Hudson, and transmitted
Ted (Acting the draft to a
Chief, lawyer for review
Regulatory or comment.
FMV FMV
1/29/2008 Affairs, BLM); Decision as to
2010 2016
Harris, James Work Product
(Assoc. held in abeyance.
Solicitor, Div.
of Mineral
Resources);
Nitta, Kendra
(Attorney, Div.
of Mineral
Resources)

Restatement of Nonprivileged - To be released.
FMV FMV
1/1/1944 the Law, Property, to be released
2017 2019
Section 512.

118
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Sledge, Queen Anderson, Bob M. Email regarding Privileged - Denied; does not
(proxy for Joel (Deputy Ass't Director, option paper Attorney- disclose a
Yudson BLM); Leverette, concerning Client. communication
(Attorney, Div. Mitchell (Deputy Mineral Policy from a client
of Mineral Division Chief, Solids, Center versus intended to be
Resources) BLM); Haight, Scott Norton. confidential.
during period (Assoc. Field Manager,
when the Lewistown Field Office,
FMV FMV FMV
2/14/2008 Solicitor's Montana, BLM)
2020 2020 2021
Office could
not receive
emails from
outside the
Solicitor's
Office)

Anderson, Bob M. Edited briefing Privileged - Denied; does not
(Deputy Ass't Director, paper regarding Attorney- disclose a
BLM); Leverette, FMV options after Client. communication
Mitchell (Deputy the Mining Policy from a client
FMV FMV
Undated Division Chief, Solids, Center decision. intended to be
2021 2027
BLM); Haight, Scott confidential.
(Assoc. Field Manager, Work product
Lewistown Field Office, privilege not
Montana, BLM) claimed.

119
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Draft Interim Final Privileged - Denied
Karen (Ass't Rule. Attorney- conditionally
Solicitor, Div. Client. unless DOI shows
of Mineral that author is a
Resources); client and
Hudson, Ted transmitted the
(Acting Chief, draft to a lawyer
Regulatory for review or
Affairs, BLM); comment.
Haight, Scott
FMV FMV
3/4/2008 (Assoc. Field
2029 2043
Manager,
Lewistown
Field Office,
Montana,
BLM); Nitta,
Kendra
(Attorney, Div.
of Mineral
Resources)

Haight, Scott Hawbecker, Karen Nitta, Kendra Email regarding Privileged - Sustained.
(Assoc. Field (Ass't Solicitor, Div. of (Attorney, proposed revisions Attorney-
Manager, Mineral Resources) Div. of to draft interim Client.
Lewistown Mineral final FMV rule.
Field Office, Resources);
FMV FMV FMV Montana, Hudson, Ted
3/13/2008
2044 2045 2046 BLM) (Acting Chief,
Regulatory
Affairs, BLM)

120
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Draft Interim Final Privileged - Denied
Karen (Ass't Rule. Attorney- conditionally
Solicitor, Div. Client. unless DOI shows
of Mineral that author is a
Resources); client and
Hudson, Ted transmitted the
(Acting Chief, draft to a lawyer
Regulatory for review or
Affairs, BLM); comment.
Haight, Scott
FMV FMV
3/4/2008 (Assoc. Field
2046 2060
Manager,
Lewistown
Field Office,
Montana,
BLM); Nitta,
Kendra
(Attorney, Div.
of Mineral
Resources)

Hudson, Ted Hawbecker, Karen Draft Interim Final Privileged - Denied
(Acting Chief, (Ass't Solicitor, Div. of Rule. Attorney- conditionally
Regulatory Mineral Resources); Client unless DOI shows
Affairs, BLM) Haight, Scott (Assoc. that author is a
FMV FMV Field Manager, client and
Undated
2062 2076 Lewistown Field Office, transmitted the
Montana, BLM) draft to a lawyer
for review or
comment.

121
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Hudson, Ted (Acting Hawbecker, Email regarding Privileged - Sustained.
(Assoc. Field Chief, Regulatory Karen (Ass't discussion of Attorney-
Manager, Affairs, BLM) Solicitor, Div. mining purposes Client.
Lewistown of Mineral language in FMV
Field Office, Resources); rule.
FMV FMV FMV0020 Montana, Nitta, Kendra
3/14/2008
2077 2080 81 BLM) (Attorney,
Div. of
Mineral
Resources)

Hawbecker, Draft Interim Final Privileged - Denied
Karen (Ass't Rule. Attorney- conditionally
Solicitor, Div. Client. unless DOI shows
of Mineral that author is a
Resources); client and
Nitta, Kendra transmitted the
(Attorney, Div. draft to a lawyer
of Mineral for review or
Resources); comment.
Hudson, Ted
FMV FMV
3/4/2008 (Acting Chief,
2081 2095
Regulatory
Affairs, BLM);
Haight, Scott
(Assoc. Field
Manager,
Lewistown
Field Office,
Montana,
BLM)

122
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Haight, Scott (Assoc. Hawbecker, Email regarding Privileged - Sustained.
(Acting Chief, Field Manager, Karen (Ass't discussion of Attorney-
Regulatory Lewistown Field Office, Solicitor, Div. mining purposes Client.
Affairs, BLM) Montana, BLM) of Mineral language in FMV
Resources); rule.
FMV FMV FMV Nitta, Kendra
3/14/2008
2096 2098 2099 (Attorney,
Div. of
Mineral
Resources)

Hawbecker, Draft Interim Final Privileged - Denied
Karen (Ass't Rule. Attorney- conditionally
Solicitor, Div. Client. unless DOI shows
of Mineral that author is a
Resources); client and
Hudson, Ted transmitted the
(Acting Chief, draft to a lawyer
Regulatory for review or
Affairs, BLM); comment.
Haight, Scott
FMV FMV
3/4/2008 (Assoc. Field
2099 2113
Manager,
Lewistown
Field Office,
Montana,
BLM); Nitta,
Kendra
(Attorney, Div.
of Mineral
Resources)

123
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Lawyer, Mark Little, Chart regarding Information Sustained.
(Acting Chief, (Regulatory Affairs, Chandra Department of about other Irrelevant.
Regulatory BLM) (Regulatory Interior rulemakings
FMV FMV
Undated Affairs, BLM) Affairs, BLM) Regulations Ready redacted.
2115 2117
for Review from
April through June
2008.
Hudson, Ted Hawbecker, Karen Haight, Scott Draft Interim Final Privileged - Denied
(Acting Chief, (Ass't Solicitor, Div. of (Assoc. Field Rule. Attorney- conditionally
Regulatory Mineral Resources) Manager, Client. unless DOI shows
Affairs, BLM) Lewistown that author is a
Field Office, client and
FMV FMV Montana, transmitted the
Undated
2119 2142 BLM) draft to a lawyer
for review or
comment.

Hudson, Ted Hawbecker, Karen Haight, Scott Draft Interim Final Privileged - Denied
(Acting Chief, (Ass't Solicitor, Div. of (Assoc. Field Rule. Attorney- conditionally
Regulatory Mineral Resources) Manager, Client. unless DOI shows
Affairs, BLM) Lewistown that author is a
FMV FMV Field Office, client and
Undated
2144 2167 Montana, transmitted the
BLM) draft to a lawyer
for review or
comment.

124
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hudson, Ted Nygren, Andrea (BLM) Chart regarding Information Sustained.
(Acting Chief, Department of the about other Irrelevant.
Regulatory Interior rulemakings
FMV FMV
Undated Affairs, BLM) Regulations Ready redacted.
2171 2173
for Review from
April through June
2008.
Hawbecker, McKeown, Matthew Email regarding Privileged - Denied. Does not
Karen (Ass't (Deputy Assoc. Solicitor, proposed revisions Attorney- disclose
Solicitor, Div. Div. of Mineral to FMV rule. Client; communication
of Mineral Resources); Harris, Attorney Work from client
Resources) James (Assoc. Solicitor, Product intended to be
Div. of Mineral confidential nor
Resources) the mental
FMV FMV impressions,
4/7/2008
2174 2174 conclusions,
opinions, or legal
theories of a
lawyer, except for
a trivial
comment.

Hudson, Ted Chart regarding Information Sustained.
(Acting Chief, BLM regulations about other Irrellevant.
FMV FMV
Undated Regulatory ready for review rulemakings
2190 2192
Affairs, BLM) under 43 C.F.R. redacted.
3800.

125
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, McKeown, Matthew Email regarding Privileged - Sustained.
FMV Karen (Ass't (Deputy Assoc. Solicitor, Solicitor's Office's Attorney-
2495; Solicitor, Div. Div. of Mineral advice regarding Client;
FMV FMV FMV of Mineral Resources) Northwest Mining Attorney Work
7/14/2008
2492 2494 2534; Resources) Association Product.
FMV proposed revisions
2575 to FMV rule.

McKeown, Hawbecker, Karen Email regarding Privileged - Numbering is
FMV Matthew (Ass't Solicitor, Div. of Solicitor's Office's Attorney- wrong; document
2581; (Deputy Mineral Resources) advice regarding Client begins on 2578;
FMV FMV FMV Assoc. Northwest Mining Privileged sustained.
7/14/2008
2578 2580 2620; Solicitor, Div. Association Attorney Work
FMV of Mineral proposed revisions Product.
2661 Resources) to FMV rule.

Hawbecker, McKeown, Matthew Email regarding Privileged - Sustained.
FMV Karen (Ass't (Deputy Assoc. Solicitor, Solicitor's Office's Attorney-
2695; Solicitor, Div. Div. of Mineral advice regarding Client privilege
FMV FMV FMV of Mineral Resources) Northwest Mining Attorney Work
7/14/2008
2690 2694 2734; Resources) Association Product.
FMV proposed revisions
2775 to FMV rule.

McKeown, Hawbecker, Karen Email regarding Privileged - Sustained as to
FMV Matthew (Ass't Solicitor, Div. of Solicitor's Office's Attorney- work product.
2782; (Deputy Mineral Resources) advice regarding Client;
FMV FMV FMV Assoc. Northwest Mining Attorney Work
7/14/2008
2778 2781 2821; Solicitor, Div. Association Product.
FMV of Mineral proposed revisions
2862 Resources) to FMV rule.

126
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Nedd, Mike (Asst. McKeown, Email regarding Privileged - Denied. Does not
Karen (Ass't Director, BLM); Matthew the fair market Attorney- disclose
Solicitor, Div. Anderson, Bob M. (Deputy value policy and Client. communication
of Mineral (Deputy Ass't Director, Assoc. the use of from client
Resources) BLM); Leverette, Solicitor, Div. unclaimed lands intended to be
Mitchell (Deputy of Mineral for mining confidential.
FMV FMV FMV Division Chief, Solids, Resources); operations.
7/14/2008
2865 2865 2866 BLM) Nitta, Kendra
(Attorney,
Div. of
Mineral
Resources)

Haight, Scott Draft interim final Privileged - Denied
(Assoc. Field rule under 43 Attorney- conditionally
Manager, C.F.R. 3800. Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV FMV Ted (Acting for review or
8/11/2008
3042 3067 3041 Chief, comment
Regulatory
Affairs, BLM);
Nitta, Kendra
(Attorney, Div.
of Mineral
Resources)

127
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Caswell, Allred, C. Stephen Memorandum Privileged - Denied; does not
James L. (Assistant Secretary of regarding interim Attorney- disclose a
(Director, the Interior) final rule on Client. communication
BLM); Hudson, mining claims from a client
Ted (Acting under the general intended to be
FMV FMV
8/11/2008 Chief, mining laws confidential.
3068 3068
Regulatory concerning use of
Affairs, BLM) unclaimed lands
for mining
purposes under 43
C.F.R. 3800.
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
8/12/2008
3070 3095 Chief, comment.
Regulatory
Affairs, BLM);
Nitta, Kendra
(Attorney, Div.
of Mineral
Resources)

128
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Hawbecker, Hudson, Ted (Acting Leverette, Email regarding Privileged - Sustained as to
Karen (Ass't Chief, Regulatory Mitchell proposed revisions Attorney- the highlighted
Solicitor, Div. Affairs, BLM) (Deputy to the fair market Client. section.
of Mineral Division value rule.
Resources) Chief, Solids,
FMV
BLM);
FMV FMV 3098;
8/18/2008 Haight, Scott
3096 3097 FMV
(Assoc. Field
3124
Manager,
Lewistown
Field Office,
Montana,
BLM)
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
8/11/2008
3098 3123 Chief, comment.
Regulatory
Affairs, BLM);
Nitta, Kendra
(Attorney, Div.
of Mineral
Resources)

129
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Caswell, Allred, C. Stephen Memorandum Privileged - Denied; does not
James L. (Assistant Secretary of regarding interim Attorney- disclose a
(Director, the Interior) final rule on Client. communication
BLM); Hudson, mining claims from a client
Ted (Acting under the general intended to be
FMV FMV
8/11/2008 Chief, mining laws confidential.
3124 3124
Regulatory concerning use of
Affairs, BLM) unclaimed lands
for mining
purposes under 43
C.F.R. 3800.
Hudson, Ted Hawbecker, Karen Email regarding Privileged - Sustained as to
(Acting Chief, (Ass't Solicitor, Div. of the Solicitor Attorney- the highlighted
FMV FMV
8/19/2008 Regulatory Mineral Resources) review of multiple Client. section.
3125 3126
Affairs, BLM) rule surname
packages.
Hudson, Ted Hawbecker, Karen Email regarding Privileged - Sustained.
(Acting Chief, (Ass't Solicitor, Div. of the Solicitor Attorney-
FMV FMV
8/19/2008 Regulatory Mineral Resources); review of multiple Client.
3127 3128
Affairs, BLM) Sosin, Amy rule surname
packages.

130
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
Ted (Acting for review or
Chief, comment.
FMV FMV Regulatory
8/11/2008
3131 3156 Affairs, BLM);
Nitta, Kendra
(Attorney, Div.
of Mineral
Resources)

Caswell, Allred, C. Stephen Memorandum Privileged - Denied. Does not
James L. (Assistant Secretary of regarding interim Attorney- disclose a
(Director, the Interior) final rule on Client. communication
BLM); Hudson, mining claims from a client to a
Ted (Acting under the general lawyer.
FMV FMV
8/11/2008 Chief, mining laws
3157 3157
Regulatory concerning use of
Affairs, BLM) unclaimed lands
for mining
purposes under 43
C.F.R. 3800.

131
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
8/11/2008
3161 3186 Chief, comment.
Regulatory
Affairs, BLM);
Nitta, Kendra
(Attorney, Div.
of Mineral
Resources)

Caswell, Allred, C. Stephen Memorandum Privileged - Denied.
James L. (Assistant Secretary of regarding interim Attorney- Transmittal of
(Director, the Interior) final rule on Client. draft; does not
BLM); Hudson, mining claims disclose a
Ted (Acting under the general communication
FMV FMV
8/11/2008 Chief, mining laws from a client
3187 3187
Regulatory concerning use of intended to be
Affairs, BLM) unclaimed lands confidential.
for mining
purposes under 43
C.F.R. 3800.
Hudson, Ted Draft chart Information Sustained;
(Acting Chief, regarding about other irrelevant.
FMV FMV Regulatory regulations ready rulemakings
9/11/2008
3190 3192 Affairs, BLM) for review from redacted.
October through
December 2008.

132
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
Ted (Acting for review or
Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
FMV FMV Solicitor, Div.
9/17/2008
3195 3218 of Mineral
Resources);
Nitta, Kendra
(Attorney, Div.
of Mineral
Resources)

133
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
9/17/2008
3220 3243 Chief, comment.
Regulatory
Affairs, BLM);
Nitta, Kendra
(Attorney, Div.
of Mineral
Resources)

Draft chart Information Sustained;
regarding about other irrelevant.
FMV FMV regulations ready rulemakings
9/11/2008
3261 3263 for review from redacted.
October through
December 2008.
Hudson, Ted Hawbecker, Karen Email regarding Information Sustained;
FMV FMV (Acting Chief, (Ass't Solicitor, Div. of the status of the about other irrelevant.
10/21/2008
3266 3267 Regulatory Mineral Resources) FMV rule and the rulemakings
Affairs, BLM) EPAct coal rule. redacted.

134
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally
Manager, Client privilege unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
9/18/2008
3274 3297 Chief, comment.
Regulatory
Affairs, BLM);
Nitta, Kendra
(Attorney, Div.
of Mineral
Resources)

Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
Undated
3657 3673 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)

135
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
BLM); Hudson, draft to a lawyer
FMV FMV Ted (Acting for review or
Undated
3674 3690 Chief, comment.
Regulatory
Affairs, BLM);
Hawbecker,
Karen (Ass't
Solicitor, Div.
of Mineral
Resources)
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
FMV FMV
Undated Montana, transmitted the
3691 3707
BLM); Hudson, draft to a lawyer
Ted (Acting for review or
Chief, comment.
Regulatory
Affairs, BLM)

136
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft ANPR under Privileged - Denied
(Assoc. Field 43 C.F.R. 3809. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
FMV FMV
Undated Montana, transmitted the
3708 3724
BLM); Hudson, draft to a lawyer
Ted (Acting for review or
Chief, comment.
Regulatory
Affairs, BLM)
Anderson, Bob Yudson, Joel (Attorney, Draft Interim Final Privileged - Denied
(Ass't Div. of Mineral Rule. Attorney- conditionally
Director, BLM) Resources) Client. unless DOI shows
that author is a
FMV FMV client and
Undated
3734 3739 transmitted the
draft to a lawyer
for review or
comment.

137
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Interim Final Rule adding 43 C.F.R. § 3800.6 (Dec. 4, 2008)
Beg End Author / Document Privilege
Attach. Date Receipient CC Ruling
Doc# Doc# Sender Description Designation
Haight, Scott Draft Interim Final Privileged - Denied
(Assoc. Field Rule. Attorney- conditionally
Manager, Client. unless DOI shows
Lewistown that author is a
Field Office, client and
Montana, transmitted the
FMV FMV BLM); Hudson, draft to a lawyer
Undated
3792 3798 Ted (Acting for review or
Chief, comment.
Regulatory
Affairs, BLM)

Draft Interim Final Privileged - Denied
Rule. Attorney- conditionally
Client. unless DOI shows
that author is a
FMV FMV client and
Undated
3799 3807 transmitted the
draft to a lawyer
for review or
comment.

138
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Haskins, Draft Privileged - Denied
Roger Proposed Attorney- conditionally
(Senior Rule on Client. unless DOI shows
Specialist, Location, that author is a
Mining Law Recording, client and
Adjudication and transmitted the
, BLM) Maintenance draft to a lawyer
of Mining for review or
MIL MIL Claims or comment.
2/25/1999 Sites, 43
43 107
C.F.R. 3710,
3730, 3820,
3830, 3840,
and 3850.

1
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Hudson, Ted Hawbecker, Karen (Attorney, Div. of Mineral Email Privileged - Sustained as to
(Regulatory Resources) regarding Attorney- Attorney-Client
Analyst, proposed Client; Privilege.
Regulatory revisions to Attorney
Affairs, BLM) millsite Work
regulations Product.
preamble.
MIL MIL MIL
3/5/1999
108 108 109

Hudson, Ted Draft Privileged - Denied
(Regulatory Proposed Attorney- conditionally
Analyst, Rule on Client; unless DOI shows
Regulatory Location, Attorney that author is a
Affairs, BLM) Recording, Work client and
and Product. transmitted the
MIL MIL Maintenance draft to a lawyer
3/2/1999 of Mining for review or
109 231
Claims or comment.
Sites, 43
C.F.R. 3710,
3730, 3820,
3830, 3840,
and 3850.

2
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

SOL mark up Privileged - Denied
of proposed Attorney- conditionally
rule on Client. unless DOI shows
Location, that author is a
Recording, client and
MIL MIL and transmitted the
3/26/1999
369 547 Maintenance draft to a lawyer
of Mining for review or
Claims or comment.
Sites.

3
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Hawbecker, Loveless, Scott; Abeita, Ethel; Adams, Lauri; Email Privileged - Sustained as Work
Karen Aldrich, Rich; Anderson, Terri; Arguedas, regarding Attorney Product as to the
(Attorney, Arthur; Babst, Charles; Baca Green, Tonianne; request for Work highlighted
Div. of Berger, Temi; Blackwell,Sharon; Bockmon, comment Product section only.
Mineral Chris; Butler, Alexandra; Chaffin, John; and review
Resources) Dunnigan, Karan; Eaton, Robert; Etheridge, from
Dave; Freels, Catherine; Frost, Gavin; Gelfuso, minerals
Andrea; Goodyear, Barbara; Grayson, David; attorneys to
Greenfield, Richard; Grenham, Brad; Guy, Gina; proposed
Harrington, John; Hemmer, Lisa (Attorney, revisions to
Solicitor's Office); Hill, Bruce; Hockberger, Jack; mining law
Hopewell, Dennis; Jordan, Derril; Kelley, regulations.
Colleen; King, Marianne; Kunz, John; Madsen,
MIL MIL MIL
4/16/1999 Lowell; Mihan, Ralph; Moore, Gerald;
548 548 549
Mothershead, James; OHare, Thomas; Ohline,
Beverly; Payne, John R.; Rice, Jean; Rigg,
Jennifer; Rising, Lyle; Roth, Barry; Schoessler,
Michael; Sebby, Kenneth; Shea, Courtney;
Spaulding, Janet; Steiger, John; Thornton,
Gerald; Toussaint, Lisa; Vaughn, Grant;
Vollmann, Tim; Watts, Dave; Wood, Brock;
Woodcock, Alan; Fugate, Barbara; Nitta,
Kendra; Schaumberg, Peter; Leslie, Phyllis;
Yudson, Joel (All attorneys, Solicitor's Office)

4
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Hawbecker, Loveless, Scott; Abeita, Ethel; Adams, Lauri; Questions Privileged - Sustained as to
Karen Aldrich, Rich; Anderson, Terri; Arguedas, and answers Attorney Work Product.
(Attorney, Arthur; Babst, Charles; Baca Green, Tonianne; regarding Work
Div. of Berger, Temi; Blackwell,Sharon; Bockmon, Sections Product
Mineral Chris; Butler, Alexandra; Chaffin, John; 3832.32 and
Resources) Dunnigan, Karan; Eaton, Robert; Etheridge, 3832.22 of
Dave; Freels, Catherine; Frost, Gavin; Gelfuso, mining law.
Andrea; Goodyear, Barbara; Grayson, David;
Greenfield, Richard; Grenham, Brad; Guy, Gina;
Harrington, John; Hemmer, Lisa (Attorney,
Solicitor's Office); Hill, Bruce; Hockberger, Jack;
Hopewell, Dennis; Jordan, Derril; Kelley,
Colleen; King, Marianne; Kunz, John; Madsen,
MIL MIL
4/16/1999 Lowell; Mihan, Ralph; Moore, Gerald;
549 549
Mothershead, James; OHare, Thomas; Ohline,
Beverly; Payne, John R.; Rice, Jean; Rigg,
Jennifer; Rising, Lyle; Roth, Barry; Schoessler,
Michael; Sebby, Kenneth; Shea, Courtney;
Spaulding, Janet; Steiger, John; Thornton,
Gerald; Toussaint, Lisa; Vaughn, Grant;
Vollmann, Tim; Watts, Dave; Wood, Brock;
Woodcock, Alan; Fugate, Barbara; Nitta,
Kendra; Schaumberg, Peter; Leslie, Phyllis;
Yudson, Joel (All attorneys, Solicitor's Office)

5
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Hawbecker, Yudson, Email Privileged - Sustained as Work
Karen Joel regarding Attorney Product as to the
(Attorney, (Attorney, review Work highlighted
Div. of Div. of questions for Product. section only.
Mineral Mineral minerals
Resources) Resources); attorneys.
Schaumber
MIL MIL g, Peter
4/20/1999
550 551 (Deputy
Assoc.
Solicitor,
Div. of
Mineral
Resources)

Hemmer, Hawbecker, Karen (Attorney, Div. of Mineral Schaumber Email Privileged - Sustained as Work
Lisa Resources) g, Peter regarding Attorney- Product as to the
(Attorney, (Deputy review Client; highlighted
Div. of Assoc. questions for Attorney section only.
Mineral Solicitor, mineral Work
Resources) Div. of attorneys Product.
Mineral concerning
MIL MIL Resources); mining law
4/20/1999
552 552 Yudson, regulatoins.
Joel
(Attorney,
Div. of
Mineral
Resources)

6
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Schaumberg, SOL mark up Privileged - Denied; does not
Peter of proposed Attorney- disclose a
(Deputy rule on Client. communication
Assoc. Location, from a client
Solicitor, Div. Recording, intended to be
MIL MIL of Mineral Maintenance confidential.
5/1/1999
1060 1111 Resources) of Mining
Claims or
Sites.

Hawbecker, SOL mark up Privileged - Denied; does not
Karen of proposed Attorney- disclose a
(Attorney, rule on Client. communication
Div. of Location, from a client
Mineral Recording, intended to be
MIL MIL Resources) and confidential.
5/14/1999 Maintenance
1112 1168
of Mining
Claims or
Sites.

Tryon, Hawbecker, Karen (Attorney, Div. of Mineral Email Privileged - Denied; does not
Stephen Resources); Schaumberg, Peter (Deputy Assoc. regarding Attorney- disclose a
(Oklahoma Solicitor, Div. of Mineral Resources); Birnbaum, briefing on Client communication
MIL MIL MIL Field Liz (Assoc. Solicitor, Div. of Mineral Resources); mining claim from a client
5/26/1999 Manager, Yudson, Joel (Attorney, Div. of Mineral fee and intended to be
1177 1177 1178
BLM) Resources) recordation. confidential.

7
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Schwartz, Hawbecker, Karen (Attorney, Div. of Mineral Email Privileged - Sustained.
Michael Resources) regarding Attorney-
(Group revised Client.
MIL MIL MIL briefing plan
5/27/1999 Manager,
1340 1341 1342 Regulatory on mill site
Affairs, BLM) provision.

Schwartz, Hawbecker, Karen (Attorney, Div. of Mineral Draft Privileged - Denied
Michael Resources) memorandu Attorney- conditionally
(Group m regarding Client. unless DOI shows
Manager, outline for that author is a
Regulatory briefing on client and
MIL MIL Affairs, BLM) interim final transmitted the
1342 1345 rule on document to a
mining lawyer for review
claims or or comment.
sites.

8
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Hudson, Ted Hawbecker, Karen (Attorney, Div. of Mineral Draft Privileged - Denied; does not
(Regulatory Resources), Haskins, Roger (Senior Specialist, Questions & Attorney- disclose a
Analyst, Mining Law Adjudication, BLM), Schwartz, Answers Client. communication
Regulatory Michael (Group Manager, Regulatory Affairs, document from a client
Affairs, BLM) BLM) prepared for intended to be
Office of confidential.
Management
and Budget
briefing
regarding
Proposed
Rule on
Location,
MIL MIL
Recording,
1347 1352
and
Maintenance
of Mining
Claims or
Sites, 43
C.F.R. Parts
3710, 3730,
3820, 3830,
3840, and
3850.

9
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Schaumberg, Hawbecker, Karen (Attorney, Div. of Mineral Fax attaching Privileged - Denied; is not a
Peter Resources) edits to Attorney- communication
(Deputy proposed Client. from a client.
Assoc. rule on
Solicitor, Div. Location,
of Mineral Recording,
MIL MIL Resources) and
7/7/1999
1385 1407 Maintenance
of Mining
Claims or
Sites.

Haskins, Schwartz, Michael (Group Manager, Regulatory Hawbecker, Email Privileged - Denied; does not
Roger Affairs, BLM); Hudson, Ted (Regulatory Analyst, Karen regarding Attorney- disclose a
(Senior Regulatory Affairs, BLM) (Attorney, chronology Client; communication
MIL MIL MIL Specialist, Div. of of 3830 Attorney from a client to a
9/15/1999
1964 1964 1965 Mining Law Mineral rulemaking. Work lawyer.
Adjudication Resources) Product.
, BLM)
Haskins, Schwartz, Michael (Group Manager, Regulatory Hawbecker, Chronology Privileged - Denied as to
Roger Affairs, BLM); Hudson, Ted (Regulatory Analyst, Karen regarding Attorney- attorney-client
(Senior Regulatory Affairs, BLM) (Attorney, Mining Claim Client; privilege but
MIL MIL Specialist, Div. of proposed Attorney sustained as to
9/15/1999 Mining Law Mineral rule package. Work work product.
1965 1965
Adjudication Resources) Product.
, BLM)

10
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Nagle, Eric Hawbecker, Karen (Attorney, Div. of Mineral King, Email Privileged - Denied; does not
(Attorney, Resources) Marianne regarding Attorney- disclose a
Pacific (Attorney, proposed Client; communication
MIL MIL MIL Northwest Pacific revisions to Attorney from a client
10/13/1999 Regional Northwest proposed Work intended to be
2072 2072 2073
Solicitor's Regional rule on Product. confidential.
Office) Solicitor's millsite
Office) location.
Nagle, Eric Hawbecker, Karen (Attorney, Div. of Mineral King, Memorandu Privileged - Sustained.
(Attorney, Resources) Marianne m regarding Attorney-
Pacific (Attorney, comments Client;
MIL MIL Northwest Pacific on proposed Attorney
10/13/1999 Regional Northwest rule on Work
2073 2074
Solicitor's Regional millsites. Product.
Office) Solicitor's
Office)
Schwartz, Hawbecker, Karen (Attorney, Div. of Mineral Draft EA for Privileged - Denied
Michael Resources) Proposed Attorney- conditionally
(Group Rule on Client. unless DOI shows
Manager, Location, that author is a
Regulatory Recording, client and
Affairs, BLM) and transmitted the
MIL MIL Maintenance draft to a lawyer
4124 4130 of Mining for review or
Claims or comment.
Sites, 43
C.F.R. 3710,
3730, 3820,
3830, 3840,
and 3850.

11
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Rieger, Nick Hawbecker, Karen (Attorney, Div. of Mineral Email Privileged - Sustained.
(Physical Resources) regarding Attorney-
Scientist, proposed Client.
Solids, BLM) revisions and
required
MIL MIL MIL signatures on
12/4/2002
4484 4484 4485 EA of
regulations
under 43
C.F.R. 3830.

Rieger, Nick Hawbecker, Karen (Attorney, Div. of Mineral Draft EA for Privileged - Denied
(Physical Resources) Proposed Attorney- conditionally
Scientist, Rule on Client. unless DOI shows
Solids, BLM) Location, that author is a
Recording, client and
and transmitted the
Maintenance draft to a lawyer
MIL MIL of Mining for review or
4485 4491 Claims or comment.
Sites, 43
C.F.R. Parts
3710, 3730,
3820, 3830,
3840, and
3850.

12
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Ferguson, Watson, Rebecca W. (Ass't Sec'y, DOI); Clarke, Memorandu Privileged - Denied; does not
Fred E. Kathleen (Director, BLM) m regarding Attorney- disclose a
(Assoc. the Mill Site Client. communication
MIL MIL Opinion. from a client
2/24/2003 Solicitor, Div.
4593 4594 of Mineral intended to be
Resources) confidential.

Ferguson, Watson, Rebecca W. (Ass't Sec'y, DOI); Clarke, Memorandu Privileged - Denied; does not
Fred E. Kathleen (Director, BLM) m regarding Attorney- disclose a
(Assoc. documents Client. communication
Solicitor, Div. for from a client
of Mineral preparation intended to be
Resources) for meeting confidential.
MIL MIL with
2/24/2003 Secretary
4595 4596
Norton on
draft mill site
opinion by
Solicitor
Myers.

Ferguson, Memorandu Privileged - Denied; does not
Fred E. m regarding Attorney- disclose a
(Assoc. the Mill Site Client. communication
MIL MIL Opinion. from a client
2/28/2003 Solicitor, Div.
4597 4635 of Mineral intended to be
Resources) confidential.

13
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Ferguson, Lass, Conrad (Special Ass't, BLM) Memorandu Privileged - Denied; does not
Fred E. m regarding Attorney- disclose a
(Assoc. mill site Client. communication
Solicitor, Div. opinion from a client
MIL MIL of Mineral issues to intended to be
3/5/2003
4636 4636 Resources) discuss in confidential.
upcoming
meeting.

Culp, Pete Ferguson, Fred E. (Assoc. Solicitor, Div. of Memorandu Privileged - Sustained.
(Ass't Mineral Resources) m regarding Attorney-
Director, Mill Site Client.
BLM); opinion
Abbey, Bob issues.
(Nevada
State
MIL MIL Director,
3/11/2003 BLM); Deery,
4637 4675
Rick
(Geologist,
Solids, BLM);
Lass, Conrad
(Special
Ass't, BLM)

Deery, Rick Hawbecker, Karen (Attorney, Div. of Mineral Fax regarding Privileged - Sustained.
(Geologist, Resources) Mill Site Attorney-
MIL MIL
3/13/2003 Solids, BLM) Opinion Client.
4676 4684
issues.

14
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Draft Privileged - Sustained.
document Attorney-
regarding Client.
MIL MIL pros and
3/13/2003
4685 4688 cons of mill
site options.

Draft table Privileged - Sustained.
regarding Attorney-
MIL MIL pros and Client.
3/14/2003 cons of mill
4689 4693
site options.

Hawbecker, Norton, Gale A. (Sec'y of the Interior) Memorandu Privileged - Denied; does not
Karen m regarding Attorney- disclose a
(Attorney, briefing on Client. communication
Div. of Mining Law from a client
MIL MIL use or intended to be
3/14/2003 Mineral
4694 4696 Resources) occupancy confidential.
mill site
provision.

Draft report Privileged - Sustained.
regarding Attorney-
MIL MIL
3/17/2003 Mill Site Client.
4697 4698
Options
Paper.

15
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Myers III. Norton, Gale A. (Sec'y of the Interior) Griles, J. Draft Privileged - Sustained
William G. Steven memorandu Attorney-
(Solicitor of (Deputy m regarding Client.
the Interior) Sec'y of the DOI response
Interior); to criticism
Watson, of Leshy mill
Rebecca W. site opinion.
MIL MIL (Ass't Sec'y,
4/8/2003
4718 4731 DOI); Klee,
Ann
(Counselor
to the
Sec'y)

Myers III. Norton, Gale A. (Sec'y of the Interior) Memorandu Privileged - Sustained.
William G. m regarding Attorney-
MIL MIL Mill Site Client.
4/11/2003 (Solicitor of
4732 4746 the Interior) Options
Paper.

16
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Myers III. Norton, Gale A. (Sec'y of the Interior) Griles, J. Draft Privileged - Sustained.
William G. Steven memorandu Attorney-
(Solicitor of (Deputy m regarding Client.
the Interior) Sec'y of the DOI response
Interior); to criticism
Watson, of Leshy mill
Rebecca W. site opinion.
MIL MIL (Ass't Sec'y,
4/11/2003
4747 4761 DOI); Klee,
Ann
(Counselor
to the
Sec'y)

Memorandu Privileged - Denied
m regarding Attorney- conditionally
questions on Client. unless DOI
the mill site identifies author
use and and recipient and
occupancy establishes
MIL MIL requirement communication
6/16/2003 s. was by a client,
4764 4769
intended to be
confidential, and
sought legal
advice or
guidance.

17
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Watson, Clark, Jeffrey B. (Deputy Ass't. Attorney Sansonetti, Letter Privileged - Sustained
Rebecca W. General, DOJ) Thomas L. regarding Attorney-
(Ass't Sec'y, (Ass't. meeting with Client.
DOI) Attorney Assistant
General, Attorney
DOJ) General
MIL MIL Thomas
7/2/2003
4770 4776 Sansonetti
regarding the
1997 Mill
Site Opinion.

Hawbecker, Ferguson, Fred E. (Assoc. Solicitor, Div. of Schaumber Email Privileged - Sustained.
Karen Mineral Resources) g, Peter regarding Attorney-
(Attorney, (Deputy Mill Site Client;
MIL MIL Div. of Assoc. Opinion and Attorney
7/7/2003 Mineral Solicitor, proposed Work
4777 4777
Resources) Div. of rulemaking. Product.
Mineral
Resources)

18
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Hawbecker, Walston, Rod (Deputy Solicitor) Ferguson, Email Privileged - Sustained as to
Karen Fred E. regarding Attorney- Work Product.
(Attorney, (Assoc. proposed Client;
Div. of Solicitor, revisions to Attorney
Mineral Div. of Mill Site Work
Resources) Mineral Opinion. Product.
Resources);
Schaumber
MIL MIL g, Peter
7/17/2003
4778 4778 (Deputy
Assoc.
Solicitor,
Div. of
Mineral
Resources)

19
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Rieger, Nick Draft Privileged - Denied
(Physical Environment Attorney- conditionally
Scientist, al Client. unless DOI shows
Solids, BLM); Assessment that author is a
Haskins, for BLM Final client and
Roger Rule to transmitted the
(Senior amend draft to a lawyer
Specialist, regulations for review or
Mining Law on locating, comment.
Adjudication recording,
MIL MIL
8/8/2003 , BLM); and
4911 4923
Hawbecker, maintaining
Karen mining
(Attorney, claims and
Div. of sites under
Mineral 43 C.F.R.
Resources) 3710, 3730,
3810, 3820,
3830, 3840,
and 3850.

Memorandu Privileged - Denied; does not
m regarding Attorney- disclose a
talking points Client. communication
for mill site from a client
MIL MIL opinion and intended to be
8/9/2003
5041 5042 rules. confidential.
Neither author
nor recipient
identified.

20
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Hawbecker, Ferguson, Fred E. (Assoc. Solicitor, Div. of Schaumber Email Privileged - Sustained as Work
Karen Mineral Resources) g, Peter regarding Attorney- Product.
(Attorney, (Deputy proposed Client;
MIL MIL Div. of Assoc. revisions to Attorney
8/12/2003 Mineral Solicitor, preamble Work
5063 5063
Resources) Div. of under 43 Product.
Mineral C.F.R. 3830.
Resources)
Ferguson, Hawbecker, Karen (Attorney, Div. of Mineral Ferguson, Email Privileged - From Fegusson;
Fred E. Resources) Fred E. regarding Attorney- does not disclose
(Assoc. (Assoc. proposed Client; a client
Solicitor, Div. Solicitor, revisions to Attorney communication
of Mineral Div. of EA and Work he intended to be
Resources) Mineral preamble Product. confidential. Rest
Resources); under 43 is same document
Schaumber C.F.R. 3830. as 5063, and is
MIL MIL g, Peter sustained as Work
8/13/2003
5178 5178 (Deputy Product as to
Assoc. highlighted
Solicitor, section of
Div. of Fergusson to
Mineral Hawbecker.
Resources)

21
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Ferguson, Malmen, Erika (Attorney, Solicitor's Office) Email Privileged - Denied. Does not
Fred E. regarding Attorney- disclose
(Assoc. Citizens Coal Client; communication
Solicitor, Div. Council v. Attorney from client
of Mineral Norton and Work intended to be
MIL MIL Resources) Mill site Product. confidential nor
8/20/2003 Opinion and the mental
5194 5195
rule. impressions,
conclusions,
opinions, or legal
theories of a
lawyer.

BLM Hawbecker, Karen (Attorney, Div. of Mineral Draft EA of Privileged - Denied
Regulatory Resources) BLM Attorney- conditionally
Affairs proposed Client. unless DOI shows
final rule to that author is a
revise 43 client and
C.F.R. 3710, transmitted the
MIL MIL 3810, 3820, draft to a lawyer
8/21/2003
5705 5715 3830, 3840, for review or
and 3850, comment
including
transmittal
slip to Karen
Hawbecker.

22
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Hudson, Ted Haskins, Roger (Senior Specialist, Mining Law Hudson, Email Not To be released.
(Regulatory Adjudication, BLM); Schwartz, Michael (Group Ted regarding privileged -
Analyst, Manager, Regulatory Affairs, BLM) (Regulatory proposed will be
MIL MIL MIL Regulatory Analyst, revisions to released with
8/29/2003 Affairs, BLM) Regulatory final rule home phone
6812 6812 6813
Affairs, under 43 number
BLM) C.F.R. 3830. redacted

23
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Haskins, Draft Final Privileged - Denied
Roger (Sr. Rule on Attorney- conditionally
Spec., Location, Client. unless DOI shows
Mining Law Recording, that author is a
Adjudication and client and
, BLM); Maintenance transmitted the
Hudson, Ted of Mining draft to a lawyer
(Reg. Claims or for review or
Analyst, Reg. Sites, 43 comment.
Affairs, C.F.R. Parts
BLM); Stiles, 3710, 3730,
Pamela (Adj. 3820, 3830,
Lead, 3840, and
MIL MIL
10/21/2002 Wyoming 3850.
6813 7041
State Office,
BLM);
Schaff,
Connie (Adj.
Lead,
Montana
State Office,
BLM)

24
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Hawbecker, Excerpts Privileged - Denied. Does not
Karen from opinion Attorney- disclose
MIL MIL (Attorney, regarding Client. communication
9/1/2003 Div. of Mill Site from client
7042 7058
Mineral operation. intended to be
Resources) confidential.
Schwartz, Sledge, Queen (proxy for Joel Yudson Email Privileged - Denied. Does not
Michael (Attorney, Div. of Mineral Resources) during regarding Attorney- disclose
MIL (Group period when the Solicitor's Office could not proposed Client. communication
MIL MIL 7060 Manager, receive emails from outside the Solicitor's revisions to from client
9/2/2003
7059 7059 MIL Regulatory Office) mining site intended to be
7294 Affairs, BLM) regulations. confidential.

Schwartz, Sledge, Queen (proxy for Joel Yudson Draft Final Privileged - Denied
Michael (Attorney, Div. of Mineral Resources) during Rule on Attorney- conditionally
(Group period when the Solicitor's Office could not Location, Client. unless DOI shows
Manager, receive emails from outside the Solicitor's Recording, that author is a
Regulatory Office) and client and
Affairs, BLM) Maintenance transmitted the
MIL MIL
9/2/2003 of Mining draft to a lawyer
7060 7293
Claims or for review or
Sites, 43 comment.
C.F.R. 3710,
3730, 3820,
3830, 3840,
and 3850.

25
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Schwartz, Sledge, Queen (proxy for Joel Yudson Draft Final Privileged - Denied
Michael (Attorney, Div. of Mineral Resources) during Rule on Attorney- conditionally
(Group period when the Solicitor's Office could not Location, Client. unless DOI shows
Manager, receive emails from outside the Solicitor's Recording, that author is a
Regulatory Office) and client and
Affairs, BLM) Maintenance transmitted the
MIL MIL
9/3/2003 of Mining draft to a lawyer
7294 7524
Claims or for review or
Sites, 43 comment.
C.F.R. 3710,
3730, 3820,
3830, 3840,
and 3850.
Hawbecker, Walston, Rod (Deputy Solicitor); Ferguson, Fred Email Privileged - Denied. Does not
Karen E. (Assoc. Solicitor, Div. of Mineral Resources); regarding Attorney disclose
(Attorney, Schaumberg, Peter (Deputy Assoc. Solicitor, OMB Work communication
Div. of Div. of Mineral Resources) comments Product. from client
Mineral on proposed intended to be
MIL MIL Resources) rule under confidential nor
9/4/2003
7527 7527 43 C.F.R. the mental
3830. impressions,
conclusions,
opinions, or legal
theories of a
lawyer.
Hawbecker, Haskins, Roger (Senior Specialist, Mining Law Fax regarding Privileged - Denied; deos not
Karen Adjudication, BLM) proposed Attorney- disclose a
MIL MIL (Attorney, revisions to Client. communication
10/9/2003
7831 7833 Div. of final rule 43 from a client
Mineral C.F.R. 3830. intended to be
Resources) confidential.

26
 Privilege Log for Earthworks v. USDOI, No. 1:09-cv-01972-HHK (D.D.C.)
Documents withheld from production related to BLM's Final Rule on Locating, Recording, and Maintaining Mining Claims or Sites (Oct. 24, 2003)

Beg End Author / Document Privilege
Attch. Date Receipient CC Ruling
Doc # Doc# Sender Description Designation

Rieger, Nick Hawbecker, Karen (Attorney, Div. of Mineral Draft EA for Privileged - Denied; does not
(Physical Resources) proposed Attorney- disclose a
Scientist, rule to revise Client. communication
MIL MIL 43 C.F.R. from a client
12/4/2003 Solids, BLM)
9009 9016 3830, with intended to be
cover fax confidential.
sheet.

27