THE BUREAU OF NATIONAL AFFAIRS, INC. V. UNITED STATES DEPARTMENT OF JUSTICE
742 F.2d 1484 (D.C. Cir. 1984)
NATURE OF THE CASE: This was a dispute over the scope of the Freedom of Information Act.
Two cases were consolidated.
FACTS: The Bureau of National Affairs (P) filed a FOIA request with the Department of
Justice (D) for all records of appointments and meetings between Baxter, then Assistant
Attorney General for Antitrust, and all parties outside D. D denied the request on the
ground that the materials were not 'agency records' subject to disclosure under FOIA. They
were Baxter’s calendar entries which included personal appointments wholly unrelated to the
business of the Antitrust Division and did not always reflect changes in appointments or
cancellations of meetings. The district court granted D's motion for summary judgment. The
Environmental Defense Fund (P) requested the Office of Management and Budget (D) to disclose
several categories of documents relating to the EPA's implementation of federal hazardous
waste laws. D denied the request in part. Following exhaustion of its administrative
remedies, P filed suit in district court. D claimed the appointment calendars and telephone
logs of six D officials were not agency records. The district court granted D's motion for
summary judgment in part and denied it in part. The court ordered D to release certain
documents, including papers relating to EPA's budgetary recommendations for fiscal year
1982. The court rejected D's claim that those documents are predecisional materials exempt
from disclosure under Exemption 5 of FOIA. Both Ps appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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