Natural Resource Defense Council v. Environmental Protection Agency
| Docket Number | 20-422 |
| Decision Date | 29 November 2021 |
The EPA appeals the district court's order requiring EPA to disclose twenty-eight records pursuant to a Freedom of Information Act (FOIA) request submitted by the NRDC. At issue is whether records reflecting an agency's discussions about how to communicate its policies to people outside the agency qualify for the deliberative process privilege and whether an agency must connect a record to a specific contemplated agency decision to claim the privilege
The Second Circuit concluded that the...
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10 cases
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Behar v. U.S. Dep't of Homeland Sec.
... ... First, the records are not "agency records" subject to the FOIA. Second, even if the ... 2016) (holding that the National Security Council is not an agency subject to the FOIA because it ... conclusion in part "because it is hard for us to ‘believe Congress intended that FOIA ... ...
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Seife v. U.S. Food & Drug Admin.
... ... of pages of documents to the FDA, an agency within defendant-appellee Department of Health ... Customs and Border Prot. , 436 F. Supp. 3d 90, 113 (D.D.C. 2019) ... Small Bus. League v. Dep't of Def. , 411 F. Supp. 3d 824, 836 (N.D. Cal. 2019) ... at 18-19. Defendants, however, urge us to adopt the American Small Business League ... Nat. Res. Def. Council v. United States Env't Prot. Agency ... ...
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Knight First Amendment Inst. at Columbia Univ. v. U.S. Citizenship & Immigration Servs.
... ... This case requires us to determine the scope of one such exemption ... Because DOS is a "mixed-function agency" performing both administrative and law ... C.L. Union v. U.S. Dep't of Def. , 901 F.3d 125, 133 (2d Cir. 2018), as amended ... Res". Def. Council v. U.S. E.P.A. , 19 F.4th 177, 184\xE2" ... ...
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Sec. & Exch. Comm'n v. Ripple Labs Inc.
... ... SEC, an essential link in the agency's deliberations ... about whether ... LLC v ... Consumer Fin. Prot. Bureau, 140 S.Ct. 2183, 2209 (2020) ... Nat'l ... Council of La Raza v. Dep't of Just., No. 03-cv-2559 ... Res ... Def. Council v. U.S. Env't Prot ... ...
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1 firm's commentaries
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Ripple Effects Of Recent Discovery Decision In SEC v. Ripple Labs, Inc.?
...they were prepared to help the agency formulate its position.'" Opinion,at 3 quoting Nat. Res. Def. Council v. U.S. Env't Prot. Agency, 19 F. 4th 177, 184 (2d Cir. 2021).1 The privilege will not apply to "purely factual" material not prepared to assist agency decision-makers in taking discr......