A Better Way for BPA v. Department of Energy Bonneville Power Administration

Feds: Environmental nonprofit can’t sue the feds for declining to turn over public records; it’s not sufficiently clear that it was the nonprofit that requested the documents (which would confer Freedom of Information Act standing) as opposed to an individual activist associated with the nonprofit. Ninth Circuit: “FOIA forms should not be a ‘gotcha’ proposition requiring a lexicographer to discern who made the request.” It is clear the nonprofit was the requester; the nonprofit can sue.

Tags: 2018, FOIA, Ninth Circuit, Standing

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