FOIA Advisor

FOIA News: APA might save the day for failed 9th Circuit case

FOIA News (2018)Allan BlutsteinComment

Ninth Circuit May Revive Suit to Restore USDA Animal-Welfare Portal

Helen Christophi, Courthouse News Serv., Dec. 17, 2018

The Ninth Circuit on Monday signaled it will likely revive a public-records lawsuit against the U.S. Department of Agriculture which seeks to restore online access to animal welfare compliance records which was removed two years ago over privacy concerns.

During a hearing in San Francisco, the court’s three-judge panel seemed to agree animal-rights groups can’t win back online access to the records under the Freedom of Information Act. But two judges suggested the plaintiffs can sue for them under a separate statute that allows for judicial review of decisions by federal agencies.

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