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Confidential Information Freedom of Information Act Environmental Protection Agency (EPA)

Jackson Walker

Confidentiality of Water Quality Management Plans in Texas

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The Texas State Soil & Water Conservation Board (Soil Board) is responsible for the abatement and prevention of pollution resulting from agricultural or silvicultural nonpoint source pollution in the state of Texas, as...more

Perkins Coie

EPA Revises its FOIA Regulations

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The Environmental Protection Agency issued a final rule June 26, 2019, revising the agency’s Freedom of Information Act regulations. According to EPA, those regulations, last updated in 2002, required revision to comply with...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waste Imports/Exports: U.S. Environmental Protection Agency Notice/Request for Comment Addressing Freedom of Information Act

The United States Environmental Protection Agency (“EPA”) issued a February 27th Federal Register Notice and Request for Comment describing Freedom of Information Act (“FOIA”) requests that the agency states it periodically...more

Clark Hill PLC

FOIA Rules over the CWA – Short and Simple

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In what may be one of the shortest opinions of importance, the United States Court of Appeals for District of Columbia Circuit put an end to a Freedom of Information Act (FOIA) that closed down a challenge by the...more

K&L Gates LLP

To Disclose or Not to Disclose? D.C. Circuit Resolves Clash Between FOIA’s Exemption 4 and Section 308 of the Clean Water Act

K&L Gates LLP on

The U.S. Court of Appeals for the D.C. Circuit recently issued a significant decision addressing the interplay between a confidentiality provision in the Freedom of Information Act (“FOIA”), known as “Exemption 4,” and a...more

Pillsbury - Gravel2Gavel Construction & Real...

Exemption 4 of FOIA Not Revoked By Later Enacted CWA Section 308

On May 30, a panel of the U.S. Court of Appeals for the DC Circuit decided the case of Environmental Integrity Project, et al. v. EPA. Affirming the District Court, the Court of Appeals held that Exemption 4 of the Freedom of...more

Williams Mullen

EPA Can Withold Certain Wastewater Data from the Public

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On March 29, 2016, a federal judge ruled that the Freedom of Information Act (“FOIA”) exemption for “confidential business information” (“CBI”) can cover wastewater discharge information collected by the United States...more

Williams Mullen

Environmental Notes - April 2016

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EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more

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