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Deliberative-process privilege

Center for Biological Diversity v. U.S. Army Corps of Engineers

A district court denied a motion for summary judgment against the U.S. Army Corps of Engineers and Customs and Border Protection for failure to disclose under FOIA information related to construction of a wall along the Mexican border....

Goodrich Corp. v. EPA

A district court granted in part and denied in part cross-motions for summary judgment in a company's Freedom of Information Act (FOIA) suit seeking to compel the production of two Environmental Protection Agency (EPA) documents about...

Missouri Coalition for the Env't Found. v. Corps of Eng'rs

The Eighth Circuit remanded a lower court decision dismissing an environmental group's Freedom of Information Act request for certain documents prepared in connection with the U.S. Army Corps of Engineers' (the Corps') Upper Mississippi...

Edmonds Inst. v. Department of the Interior

A district court held that the U.S. Department of the Interior need not release certain documents to a nonprofit group relating to the National Park Service's (NPS') proposal to enter into "benefits sharing" agreements with private...

Reilly v. EPA

A court holds that certain documents relating to the Clean Air Mercury Rule (CAMR) are not exempt from disclosure under the Freedom of Information Act (FOIA). The CAMR regulates mercury emissions from power plants nationwide. During the...

Judicial Watch v. Department of Energy

The court held that federal agencies may withhold from disclosure documents bearing upon the deliberative processes of the National Energy Policy Development Group (NEPDG) pursuant to the Freedom of Information Act (FOIA) Exemption 5....

Missouri v. Corps of Eng'rs

The court holds that an intraagency memorandum discussing the U.S. Army Corps of Engineers' proposal to protect the pallid sturgeon in Missouri is exempt from Freedom of Information Act (FOIA) disclosure under the deliberative process...

Maricopa Audubon Soc'y v. U.S. Forest Serv.

The court holds that exemption 5 of the Freedom of Information Act (FOIA) exempts the U.S. Forest Service from disclosing two documents relating to its investigation of the Southwestern Regional Forester's and Deputy Forester's...

Ethyl Corp. v. EPA

The court vacates a district court's summary judgment for the U.S. Environmental Protection Agency (EPA) in a gasoline additive manufacturer's action under the Freedom of Information Act (FOIA) to compel EPA to produce records relating...

Chemcentral/Grand Rapids Corp. v. EPA

The court grants the U.S. Environmental Protection Agency's (EPA's) motion for summary judgment that agency documents regarding adoption of state regulations as applicable or relevant and appropriate requirements (ARARs) at specific...