AMERICAN FARM BUREAU FEDERATION v. U.S. E.P.A.

No. 15-1234.

836 F.3d 963 (2016)

AMERICAN FARM BUREAU FEDERATION; National Pork Producers Council, Plaintiffs-Appellants, v. U.S. ENVIRONMENTAL PROTECTION AGENCY; Gina McCarthy, Administrator of the U.S. Environmental Protection Agency, Defendants-Appellees, Food & Water Watch; Environmental Integrity Project; Iowa Citizens for Community Improvement, Intervenor Defendants-Appellees, National Federation of Independent Business Small Business Legal Center, Amicus on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: September 9, 2016.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants was Michael B. Kimberly , of Washington, DC. In addition to Mr. Kimberly, the following attorney(s) appeared on the appellants' brief; Ellen Steen , Danielle Quist , Michael C. Formica , Timothy S. Bishop , all of Washington, DC. and Gary M. Koch , and Matthew C. Berger of New Ulm, MN.

The following attorney(s) appeared on the amicus brief of National Federation of Independent Business Small Business Legal Center in support of appellants; Jarod M. Bona and Aaron R. Gott of La Jolla, CA and Luke A. Wake of Sacramento, CA.

Counsel who presented argument on behalf of the appellees — Iowa Citizens for Community Improvement, Food & Water Watch and Environmental Integrity Project was Tarah Elizabeth Heinzen , of Washington, DC. The following attorney(s) appeared on the appellees — Iowa Citizens for Community Improvement, Food & Water Watch, et al.; Tarah Heinzen of Washington, DC.

Counsel who presented argument on behalf of appellees — EPA and Gina McCarthy was Pamela A. Marentette , AUSA, of Minneapolis, MN. The following attorney(s) appeared on the appellees brief; Pamela A. Marentette , AUSA, of Minneapolis, MN.

Before LOKEN, MURPHY, and COLLOTON, Circuit Judges.


The American Farm Bureau Federation and the National Pork Producers Council appeal the district court's ruling that they lack Article III standing to bring a "reverse" Freedom of Information Act ("FOIA") suit, see 5 U.S.C. §§ 552, 706(2)(A), challenging the Environmental Protection Agency's disclosure of...

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