FOIA Advisor

FOIA News: D.C. Circuit hears argument on propriety of request to EPA

FOIA News (2015-2023)Allan BlutsteinComment

Judges weigh FOIA requests on alleged scientific misconduct

By Amanda Reilly, E&E News, Mar. 12, 2018

The U.S. Court of Appeals for the District of Columbia Circuit heard a case related to alleged scientific misconduct by U.S. EPA, shown here, during the Obama administration. Tim Evanson/Flickr

Federal judges today struggled with a convoluted Freedom of Information Act lawsuit stemming from accusations of scientific misconduct at U.S. EPA.

"This is not the typical FOIA case," attorney John Hall, who is representing a coalition of Northeast cities, acknowledged at the outset of the arguments in front of the U.S. Court of Appeals for the District of Columbia Circuit.

The case stems from a 2012 decision by EPA Region 1 — which encompasses the Northeastern states — to seek to impose more restrictive nitrogen limits for sewage treatment plants to protect New Hampshire's Great Bay estuary.

Read more here.