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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

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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

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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

Morgan Lewis

Proposed FERC Regulations Would Grant FERC Access to NERC Non-Public Transmission and Generation System Databases

Morgan Lewis on

FERC proposes to grant itself access to NERC’s Transmission Availability Data System, Generating Availability Data System, and Protection System Misoperations Database. On September 17, the Federal Energy Regulatory...more

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