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Freedom of Information Act (FOIA)

Public Employees for Environmental Responsibility v. U.S. Environmental Protection Agency

A district court held that EPA's Office of Inspector General (OIG) need not turn over under FOIA certain documents concerning a potential violation of federal “revolving-door” prohibitions by a former member of the U.S. Chemical Safety...

American Farm Bureau Federation v. U.S. Environmental Protection Agency

The Eighth Circuit reversed a lower court decision that livestock farm groups lacked standing to bar EPA from...

Animal Legal Defense Fund v. Food & Drug Administration

The Ninth Circuit held that FDA properly withheld certain information concerning egg-production farms in Texas that was requested by an animal rights group under FOIA. FOIA Exemption 4 applies to “trade secrets and commercial or...

Landmark Legal Foundation v. Environmental Protection Agency

A district court denied a conservative nonprofit advocacy group's motion for spoliation sanctions against EPA for its mishandling of the group's FOIA request, but nevertheless scolded the Agency for its conduct. Because the record does...

American Farm Bureau Federation v. U.S. Environmental Protection Agency

A district court held that livestock farm groups lack standing to bar EPA from releasing their members' personal information—including the physical address and other operational details about the farms—in response to environmental...

Appalachian Mountain Advocates, Inc. v. West Virginia Department of Environmental Protection

A West Virginia court held that the state's environmental agency violated FOIA when it denied an environmental group's request for all coal mining related discharge monitoring reports for the third and fourth quarters of 2013. The group...

People for the Ethical Treatment of Animals v. National Institutes of Health

The D.C. Circuit affirmed in part and reversed in part a lower court decision rejecting an animal rights group's FOIA request for records concerning National Institutes of Health (NIH) investigations of animal abuse at a university...

Competitive Enterprise Institute v. United States Environmental Protection Agency

A district court held that EPA mostly complied with a think tank's FOIA request seeking information related to former EPA Administrator Lisa Jackson's use of a secondary email account. EPA produced over 10,000 records in response to the...

Landmark Legal Foundation v. EPA

A district court held that a nonprofit law firm may conduct limited discovery in connection with its FOIA request for records regarding any EPA rule or regulation for which public notice has not been made, but which was contemplated or...

Menasha Corp. v. United States Department of Justice

The Seventh Circuit held that memos and emails exchanged between two sections of the DOJ Environment and Natural Resources Division should not be disclosed as part of a FOIA request in an underlying Superfund case. A company challenging...