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DEPT. OF NAVY v. FEDERAL LABOR RELATIONS AUTHORITY

No. 10-1304.

665 F.3d 1339 (2012)

UNITED STATES DEPARTMENT OF the NAVY, Naval Undersea Warfare Center Division Newport, Rhode Island, Petitioner v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 13, 2012.

Attorney(s) appearing for the Case

Mark W. Pennak , Attorney, U.S. Department of Justice, argued the cause for petitioner. With him on the briefs were Tony West , Assistant Attorney General, and William Kanter , Attorney.

Rosa M. Koppel , Solicitor, Federal Labor Relations Authority, argued the cause and filed the brief for respondent.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

This case turns on whether a government agency may provide employees with free bottled water even when safe and drinkable water is available from water fountains at their work sites. Under federal appropriations law, the answer is no.

In the mid-1990s, the Naval Undersea Warfare Center Division in Newport, Rhode Island, began providing employees with bottled water. It did so after an EPA report indicated that water fountains in some...

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