From: Lexology
“The case offers several key takeaways that could shape future FOIA requests directed to EPA and the agency’s responses thereto. First, the D.C. District Court made it clear that EPA can be called upon to produce documents supporting or relied on to formulate public positions taken by the agency, even if such statements are not official agency actions. Second, EPA’s reliance on blanket statements that a specific request is overbroad, unduly burdensome, or otherwise inappropriate for a FOIA request will not be given great deference by the courts.”
