On March 4, 2021, in a 7–2 decision, the U.S. Supreme Court (SCOTUS) ruled against the Sierra Club, declaring documents related to the EPA’s Cooling Water Intake Structures Rule are exempt from Freedom of Information Act (FOIA) requests. The ruling prevents access to certain draft agency documents used to formulate regulatory requirements.
In a final rule, the EPA has revised the Agency’s Freedom of Information Act (FOIA) regulations to incorporate amendments to the FOIA that Congress issued in 2007, 2009, and 2016. These are the first substantive changes the Agency has made to its FOIA regulations since 2002. Among the more important revisions, the rule clarifies which […]
In a case centering on the EPA’s final rule for cooling water intake structures (CWIS) (August 15, 2014, Federal Register (FR)), a panel of judges with the U.S. Court of Appeals for the 9th Circuit found that two federal agencies with whom the EPA consulted were not entitled to deny the release of certain documents […]