[Download] "Florida Municipal Power Agency v. Federal Energy Regulatory Commission" by District of Columbia Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free

August 02, 2021

eBook details

Title: Florida Municipal Power Agency v. Federal Energy Regulatory Commission
Author : District of Columbia Circuit U.S. Court of Appeals
Release Date : January 21, 2003
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 79 KB

Description

Various "public interest" groups (plaintiffs) brought this Freedom of Information Act (FOIA) action against the Department of Justice (DOJ or government) seeking release of information concerning persons detained in the wake of the September 11 terrorist attacks, including: their names, their attorneys, dates of arrest and release, locations of arrest and detention, and reasons for detention. The government objected to release, and asserted numerous exceptions to FOIA requirements in order to justify withholding the information. The parties filed crossmotions for summary judgment. The district court ordered release of the names of the detainees and their attorneys, but held that the government could withhold all other detention information pursuant to FOIA Exemption 7(A), which exempts "records or information compiled for law enforcement purposes ... to the extent that the production" of them "could reasonably be expected to interfere with enforcement proceedings." 5 U.S.C. 552(b)(7)(A) (2000). Attorneys filed cross-appeals. Upon de novo review, we agree with the district court that the detention information is properly covered by Exemption 7(A); but we further hold that Exemption 7(A) justifies withholding the names of the detainees and their attorneys. We also reject plaintiffs alternate theories that the First Amendment and the common law mandate disclosure of the contested information. We therefore affirm in part, reverse in part, and remand the case to the district court for the entry of a judgment of dismissal.