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30 Apr 2018, 9:00 am
DEP, EHB Docket No. 2018-028-R (Opinion issued Apr. 24, 2018) (“CCJ III”). [read post]
2 Jan 2020, 2:14 pm by Allan Blutstein
Dep’t of the Interior (D.D.C.) -- dismissing action against U.S. [read post]
4 Oct 2018, 5:47 am by Allan Blutstein
Dep’t of State (D.D.C.) -- concluding that of nineteen disputed documents pertaining to agency’s response to press inquiries about email between Hillary Clinton and Jake Sullivan, agency properly withheld nine documents and improperly withheld ten documents pursuant to deliberative process and attorney-client privileges. [read post]
19 Aug 2021, 6:11 am by Allan Blutstein
Dep’t of State (D.D.C.) -- ruling that agency properly relied on Exemption 5’s deliberative process privilege to withhold records pertaining to CrowdTangle, a social media monitoring program, and that statute’s foreseeable harm standard was met despite agency’s generic explanations for certain redactions. [read post]
2 Nov 2021, 9:00 am
., Nos. 530994/531613 (3d Dep’t Oct. 21, 2021), a split panel in the Appellate Division for the Third Judicial Department in New York dismissed public nuisance and negligence claims brought by neighboring residents against a landfill for failing to control its odor emissions because the plaintiffs failed to allege that they had suffered a “special injury” that was distinct from other residents in the area. [read post]
15 Jan 2021, 2:01 pm by Howard Friedman
In this case, a student was denied participation in the Dual Enrollment Program because her high school was religious and thus was denied public funding under the Town Tuition Program. the court said in part: In these circumstances, the State’s reliance on the “publicly funded” requirement as a condition for DEP eligibility imposes a “penalty on the free exercise of religion. [read post]
12 Apr 2021, 12:25 pm by Lawrence B. Ebert
’” Dep’t of Commerce v. [read post]
27 Feb 2014, 5:00 am by Steven Chadwick
The administration further argued that the Court's finding stripped Pennsylvania's Department of Environmental Protection ('DEP') of its flexibility to impose conditions on permits for drilling near waterways, thus hindering the agency's ability to protect important resources. [read post]
23 Aug 2020, 6:55 pm by Allan Blutstein
Dep’t of the Interior, Supervisory Gov’t Info. [read post]
4 Dec 2020, 7:02 am by Allan Blutstein
Dep’t of State (D.S.C.) -- summarily adopting magistrate judge’s report and recommendation that agency properly refused to confirm or deny existence of “Cuba Condition” records. [read post]
9 Jun 2018, 6:38 pm by Allan Blutstein
Dep't of State (D.D.C.) -- finding that: (1) State Department should have used false birthdates in search for passport and travel records of two deceased CIA agents who plaintiff suspects were aware of CIA’s involvement in JFK's assassination; (2) State Department properly relied on Exemption 6 to withhold (a) names and signatures of State Department employees who processed one of CIA agent's passports, and (b) names, birth dates, and places of birth of CIA… [read post]
12 Aug 2022, 12:54 pm by Allan Blutstein
Dep’t of Energy (D.D.C.) -- following five rounds of summary judgment, deciding that: (1) agency performed adequate supplemental search of Secretary’s office; (2) agency properly invoked Exemption 5’s deliberative process privilege to withhold some, but not all, disputed documents, and it met the statute’s foreseeable harm requirement.Aug. 10, 2022Protect the People’s Trust v. [read post]