STATE OF MAINE v. U.S. DEPT. OF INTERIOR

No. 01-1234.

298 F.3d 60 (2002)

STATE OF MAINE, Plaintiff, Appellee, v. UNITED STATES DEPARTMENT OF THE INTERIOR, United States Geological Survey, United States Fish and Wildlife Service, United States Department of Commerce, and National Marine Fisheries Service, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 30, 2002.


Attorney(s) appearing for the Case

Leonard Schaitman, Assistant United States Attorney, with whom Matthew M. Collette, Assistant United States Attorney, Paula B. Silsby, United States Attorney, and Stuart E. Schiffer, Acting Assistant Attorney General, were on brief for appellants.

Christopher C. Taub, Assistant Attorney General of Maine, with whom Paul Stern, Deputy Attorney General of Maine, and G. Steven Rowe, Attorney General of Maine, were on brief for appellees.

Before SELYA, Circuit Judge, ROSENN and CYR, Senior Circuit Judges.


AMENDED OPINION

ROSENN, Senior Circuit Judge.

This appeal raises recurring questions in litigation with agencies of the United States arising out of the tension between the substantive provisions of the Freedom of Information Act (FOIA or the Act), 5 U.S.C. § 552, and the application of the attorney-client and work-product privileges. In January 2000, the State of Maine (Maine) submitted a series of FOIA requests...

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