2thereof, the Agency conducted an adequate search for records responsive to requests 07-172 and07-175.
Def.’s’ Br. at 12-17. Because Plaintiff did not exhaust available administrativeremedies with respect to any challenge to the adequacy of the Agency’s search, such claims arenot properly before the court. Even if they were, Plaintiff offers no evidence to dispute theAgency’s submissions documenting that its search and response complied with its obligationsunder the FOIA. The Agency is accordingly entitled to summary judgment on Plaintiff’s claimsrelated to requests 07-172 and 07-175.A. Speculation About the Existence of Other Responsive Records is Not Sufficient toDefeat Summary Judgment.In support of its argument that the Agency’s search was not adequate, Plaintiff offersnothing more than unsupported allegations to rebut the Agency’s submissions documenting thereasonableness and adequacy of its search. Specifically, Plaintiff’s challenge to the adequacy of the search for records responsive to requests 07-172 and 07-175 relies on Plaintiff’s speculationthat other documents not disclosed must exist. This challenge fails for two reasons.First, Plaintiff proffers no evidence positively indicating the existence of otherdocuments.
Contra Valencia-Lucena v. U.S. Coast Guard
, 180 F.3d 321, 326 (D.C. Cir. 1999)(“[W]hat causes us to conclude that the search was inadequate arises from the fact that the recorditself reveals positive indications of overlooked materials.”) (internal quotations and citationsomitted). Rather, Plaintiff offers only its own unsupported assertions that the search should haveproduced “large amounts of correspondence from the interested public,”
Pl.’s Opp’n at 15, aswell as “records or deliberations inside NASA about [Plaintiff’s] request,”
at 16. However,the Travis Declaration documents why Plaintiff’s assertions are not only unsupported, but alsounsupportable. As Plaintiff notes,
Pl.’s Opp’n at 15, Dr. Jim Hansen, the director of GISS,
Case 1:10-cv-00883-RWR Document 22 Filed 12/02/10 Page 3 of 27