Renewable Fuels Ass’n v. EPA (D.D.C.) -- holding that EPA properly relied on Exemption 4 to withhold the names and locations of oil refineries that applied for relief from the agency’s Renewable Fuel Standard program, except for a small number of refineries that did not appear to customarily treat all of its applications as private. Notably, the court stated that a government assurance of privacy was not required under binding D.C. Circuit law in order for information to qualify for Exemption 4. The court further stated that even if it was able to ignore binding precedent, it believed that the “better approach would be that privately held information is generally confidential absent an express statement by the agency that it would not keep information private, or a clear implication to that effect (for example, a history of releasing the information at issue).”
Bd. of Comm'rs of Clermont Cnty. v. EPA (S.D. Ohio) -- finding that EPA properly relied on Exemption 5’s deliberative process and attorney-client privileges to withhold records about a closed hazardous waste dump.
Summaries of all published opinions issued since April 2015 are available here.