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Court opinion issued Aug. 22, 2019

Nat. Res. Def. Council v. EPA (S.D.N.Y.) -- concluding that EPA properly relied on Exemption 5’s deliberative process privilege to withhold modeling computer program that evaluates cost and effectiveness of certain emission-reduction technologies. In reaching its decision, the court found that EPA had satisfied the statute’s foreseeable harm requirement.

Summaries of all published opinions issued since April 2015 are available here.