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Exemption No. 5

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....

Maine v. Department of the Interior

The court holds that a district court properly ordered the U.S. Department of the Interior (DOI) and the U.S. Department of Commerce to disclose documents that the agencies argued were protected under either the attorney-client or work-...

Maine v. Department of the Interior

The court affirms in part and vacates in part a district court order requiring the U.S. Department of the Interior (DOI) to disclose to Maine certain documents relating to efforts to list Atlantic salmon in eight rivers in Maine as...

Department of the Interior v. Klamath Water Users Protective Ass'n

The Court holds that documents passing between Native American tribes and the U.S. Department of the Interior (DOI) are not exempt from the Freedom of Information Act's (FOIA's) disclosure requirements as intraagency communication that...

Rockwell Int'l Corp. v. Department of Justice

The court upholds a district court decision rejecting a former nuclear plant operator's request to release a series of intraagency and interagency documents that were cited and referred to in an internal U.S. Department of Justice (DOJ...

Klamath Water Users Protective Ass'n v. Department of the Interior

The court reverses a district court decision that documents submitted by Native American tribes at the request of the U.S. Department of the Interior (DOI) in the course of consultation over ongoing proceedings involving water rights...

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...