Court Blocks Release Of Trump-Era TSCA Items, Expanding FOIA Exception

November 30, 2021
The U.S. Court of Appeals for the 2nd Circuit has overturned a district court’s order that would have required EPA to release 18 documents related to Trump-era officials’ handling of TSCA and pesticide policies, setting a new precedent broadening the circuit’s application of the Freedom of Information Act’s (FOIA) “deliberative process” exemption. The Nov. 29 ruling in Natural Resources Defense Council (NRDC) v. EPA undoes a partial victory for the environmental group in its long-running suit seeking hundreds of...


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