The United States Court of Appeals for the District of Columbia has remanded lower court decisions for further agency review. The Department of Defense had found that information sought in two FOIA requests was not exempt under FOIA exemption 4; the submitters of the information filed Reverse-FOIA actions and the district court agreed with the DOD. The submitters (Sikorsky and Pratt and Whitney) appealed. The Court of Appeals found that the government's response that the material would not cause the submitters confidential harm was insufficient and remanded the case for further proceedings.
A loss in part for the submitters, too, as their "reputational harm" argument was swatted down. Amazing that such an argument was advanced in the face of longstanding Circuit precedent against it.
Posted by: JW | March 25, 2010 at 11:19 AM
The olden day's proverb Haste makes waste is becoming meaningless these days. All the work is done hastily. There is no time to waste waiting.
Posted by: contractors bond | January 11, 2011 at 02:23 AM