FOIA Advisor

FOIA News: Ninth Circuit shields the NRC from premature lawsuit

FOIA News (2015-2023)Allan BlutsteinComment

9th Circ. Tosses FOIA Suit Seeking Nuclear Energy Plant Docs

Law360, Aug. 24, 2021 -- The Ninth Circuit affirmed a lower court's string of decisions in favor of the U. S. Nuclear Regulatory Commission in Freedom of Information Act lawsuits over an incident at the San Onofre Nuclear Generating Station, holding that the lawsuits were filed prematurely. In a 15-page published opinion, a three-judge panel found on Monday that a lower court got it right when it determined that attorney Michael Aguirre failed to exhaust all remedies at hand in his records pursuit before suing the Nuclear Regulatory Commission a number of times. The panel noted in an issue of first impression for the circuit that those requesting. . .

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See the post below for a copy of the opinion.