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CLARK-COWLITZ JOINT OPERATING AGENCY v. F.E.R.C.

No. 83-2111.

798 F.2d 499 (1986)

CLARK-COWLITZ JOINT OPERATING AGENCY, Appellant v. FEDERAL ENERGY REGULATORY COMMISSION.

United States Court of Appeals, District of Columbia Circuit.

Decided August 15, 1986.

Attorney(s) appearing for the Case

George H. Williams, Jr., with whom Christopher D. Williams, Washington, D.C. was on brief, for appellant.

Marleigh D. Dover, Atty., Dept. of Justice, with whom Stephen R. Melton, Acting Gen. Counsel, Jerome M. Feit, Sol., Michael Schopf, Deputy Counsel and Ellen K. Schall, Atty., F.E.R.C., Washington, D.C. were on brief for appellee. A. Karen Hill, Atty., F.E.R.C., Washington, D.C. entered an appearance for appellee.

Senator Lawton Chiles, Washington, D.C., pro se, was on brief for amicus curiae, Senator Lawton Chiles, urging reversal.

Before ROBINSON, MIKVA, EDWARDS, GINSBURG, BORK, SCALIA, STARR, SILBERMAN and BUCKLEY, Circuit Judges, and WRIGHT, Senior Circuit Judge.

SILBERMAN, Circuit Judge:

This case concerns the scope to be afforded Exemption 10 of the Government in the Sunshine Act, 5 U.S.C. § 552b(c)(10) (1982). The Sunshine Act generally requires federal agencies to open their meetings to the public; Exemption 10 provides, however, that an agency may close a meeting when, inter alia, it is likely to "specifically concern ... the agency's participation in a civil action...." Id.1

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