ENVIRO TECH INTERN., INC. v. U.S. E.P.A.

No. 03-2215.

371 F.3d 370 (2004)

ENVIRO TECH INTERNATIONAL, INC., Plaintiff-Appellant, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 10, 2004.


Attorney(s) appearing for the Case

Richard G. Morford (argued), Enviro Tech International, Inc., Melrose Park, IL, for Plaintiff-Appellant.

Robert E. Fabricant, Environmental Protection Agency, Washington, DC, David A. Ullrich, Environmental Protection Agency, Jonathan C. Haile (argued), Office of the United States Attorney, Chicago, IL, for Defendant-Appellee.

Before CUDAHY, MANION, and ROVNER, Circuit Judges.


ROVNER, Circuit Judge.

Enviro Tech International, Inc. ("Enviro Tech"), filed this action seeking judicial review of the United States Environmental Protection Agency's ("EPA's") refusal to produce certain documents in response to Enviro Tech's request under the Freedom of Information Act, 5 U.S.C. § 552 ("FOIA"). The EPA asserted, and the district court agreed, that the withheld documents were exempt from disclosure under section 552(b)(5) pursuant to the so...

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