American Radio Relay League, Inc. v. Federal Communications Commission
United States Court of Appeals for the District of Columbia Circuit
524 F.3d 227 (D.C. Cir. 2008)
The Federal Communications Commission (FCC) (defendant) promulgated rules regulating broadband access by radio operators. The FCC included redacted versions of five scientific studies in the record of its rulemaking. The American Radio Relay League, Inc. (League) (plaintiff) made a request pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, for unredacted versions of the five studies. Although the FCC had included the studies in the record, the FCC asserted that the redacted portions were exempt from disclosure. On reconsideration, the FCC asserted that the redacted portions were not relied on in the FCC’s decision-making process. The League petitioned for review in the United States Court of Appeals for the District of Columbia Circuit, challenging the FCC’s rulemaking for failure to comply with the notice-and-comment requirements of the Administrative Procedure Act (APA), 5 U.S.C. § 551 et seq. The League also sought the release of the redacted portions of the studies on which the FCC had relied.
Rule of Law
Holding and Reasoning (Rogers, J.)
Concurrence (Tatel, J.)
Concurrence/Dissent (Kavanaugh, J.)
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