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EPA Wins Appeal Over Release of Pesticide Policymaking Records

Nov. 29, 2021, 5:53 PM

The EPA can shield some records regarding a former official’s role in pesticide policymaking from a conservation group, a divided Second Circuit ruled Monday.

Messages between staff about how the agency should communicate its policies are protected by the deliberative process privilege, according to the U.S. Court of Appeals for the Second Circuit.

Applying the privilege here ensures that agency staff can consider communications decisions candidly and promotes “efficient government operation,” the court said.

The Natural Resources Defense Council originally sued the Environmental Protection Agency in a New York federal court under the Freedom of Information Act, over information about ...