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NATURAL RESOURCES DEFENSE COUNCIL v. U.S. EPA

No. 19-2896 August Term, 2019.

954 F.3d 150 (2020)

NATURAL RESOURCES DEFENSE COUNCIL, Environmental Defense Fund, Plaintiffs-Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 1, 2020.

Attorney(s) appearing for the Case

Peter Huffman , Natural Resources Defense Council, Washington, DC ( Matthew Littleton , Donahue, Goldberg, Weaver & Littleton, Washington, DC, on the brief), for Plaintiffs-Appellants.

Samuel Dolinger ( Benjamin H. Torrance , on the brief), Assistant United States Attorneys for Geoffrey S. Berman, United States Attorney for the Southern District of New York, New York, NY, for Defendant-Appellee.

Before: Katzmann, Chief Judge, Lynch, Circuit Judge, and Kaplan, District Judge.

This appeal concerns a Freedom of Information Act ("FOIA") request filed with the Environmental Protection Agency ("EPA") by Plaintiffs-Appellants Natural Resources Defense Council and Environmental Defense Fund (collectively "NRDC"). NRDC requested release of the current version of the OMEGA model, an EPA computer...

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