News & Analysis as of

Information Requests Freedom of Information Act

Troutman Pepper

Judge Ketanji Brown Jackson's FOIA Record

Troutman Pepper on

On February 25, President Biden nominated Judge Ketanji Brown Jackson of the Court of Appeals for the District of Columbia to fill the vacancy on the Supreme Court created by Justice Stephen Breyer’s retirement. Judge...more

Kelley Drye & Warren LLP

The FOIA Charade: A Brief Case Study

With the release last month of proposed new EPA regulations on how the agency intends to handle responses to requests under the Freedom of Information Act (FOIA), critics have raised concerns about provisions that would give...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

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

Williams Mullen on

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

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