Environmental Integrity Project v. Environmental Protection Agency
2017 U.S. App. LEXIS 9332
| D.C. Cir. | 2017Background
- EPA obtained records from power plants under Clean Water Act § 308 and those records were later requested via FOIA by environmental groups (Environmental Integrity Project, Sierra Club, Earthjustice).
- The disputed records were conceded not to be trade secrets but were "commercial or financial information" within FOIA Exemption 4.
- FOIA Exemption 4 (5 U.S.C. § 552(b)(4)) exempts trade secrets and commercial/financial information obtained from a person that is privileged or confidential.
- CWA § 308 (33 U.S.C. § 1318) makes records obtained from power plants "available to the public" unless they divulge trade secrets — it explicitly mentions only trade-secret protection.
- Conflict: Exemption 4 would permit withholding commercial/financial information; § 308 appears to require disclosure of such information (unless trade secret).
- Procedural posture: D.C. District Court upheld EPA’s denial under Exemption 4; the D.C. Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CWA § 308 supersedes FOIA Exemption 4 for EPA records obtained from power plants | § 308’s “shall be available to the public” means EPA must disclose non-trade-secret commercial/financial information | FOIA exemptions remain effective unless a later statute expressly supersedes them; § 308 does not expressly override Exemption 4 | Held: § 308 does not expressly supersede Exemption 4; EPA permissibly withheld the records under Exemption 4 |
| Whether § 308 is nevertheless effective because it clarifies records are agency records subject to FOIA | § 308’s disclosure mandate must control even absent express language | § 308 served historically to clarify FOIA applicability to § 308 records but did not negate FOIA exemptions | Held: § 308 clarified availability of § 308 records to FOIA historically, but did not override FOIA exemptions |
Key Cases Cited
- Forsham v. Harris, 445 U.S. 169 (discussion of what qualifies as agency records under FOIA)
- Church of Scientology of California v. IRS, 792 F.2d 146 (later statute may supersede FOIA if it creates an alternative access regime)