NATURAL RESOURCES DEFENSE COUNCIL v. EPA

No. 20-422 August Term 2020.

19 F.4th 177 (2021)

NATURAL RESOURCES DEFENSE COUNCIL, Plaintiff-Appellee, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: November 29, 2021.


Attorney(s) appearing for the Case

Rachel L. Fried ( David C. Vladeck , on the brief), Georgetown University Law Center Civil Litigation Clinic, Washington, DC, for Plaintiff-Appellee.

Tomoko Onozawa ( Benjamin H. Torrance , on the brief), Assistant United States Attorney, for Damian Williams, United States Attorney for the Southern District of New York, New York, NY, for Defendant-Appellant.

Judge LOHIER concurs in part and dissents in part in a separate opinion.


This case presents two questions regarding the scope of the deliberative process privilege. First, whether agency records reflecting deliberations about how to communicate the agency's policies to people outside the agency "bear on the formulation or exercise of policy-oriented judgment" such that those records qualify for...

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