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FOIA News: Gov't petitions SCOTUS in Exemption 5 case

Agencies Seek High Court Review of Endangered Species FOIA Case

  • Case involves Freedom of Information Act exemption for deliberative process

  • Stems from EPA regulation for power plants

By Ellen Gilmer, Bloomberg Env’t., Oct. 29, 2019

The Trump administration wants the Supreme Court to keep Endangered Species Act records out of the hands of environmentalists.

In a new petition, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service urged the justices to review a ruling from a lower court that required the agencies to turn over draft documents from an Endangered Species Act consultation process.

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