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HALL & ASSOC. v. ENVIRONMENTAL PROTECTION AGENCY

No. 18-5241.

956 F.3d 621 (2020)

HALL & ASSOCIATES, FOIA Requester, Appellant v. ENVIRONMENTAL PROTECTION AGENCY, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 21, 2020.

Attorney(s) appearing for the Case

John C. Hall argued the cause and filed the briefs for appellant.

Laura Myron , U.S. Department of Justice, argued the cause for appellee. On the brief were Jessie K. Liu , U.S. Attorney at the time the brief was filed, H. Thomas Bryon, III , Attorney, U.S. Department of Justice, Civil Division, Appellate Staff, and Rachel F. Homer , Attorney at the time the brief was filed, U.S. Department of Justice, Civil Division, Appellate Staff. Dana Kaersvang , U.S. Department of Justice, entered an appearance.

Before: Henderson, Griffith, and Millett, Circuit Judges.

Hall & Associates ("Hall") sought certain records under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, from the Environmental Protection Agency. The records related to the EPA's purported adoption of a "nonacquiescence decision"— that is, a determination to not follow a specific court of appeals...

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