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The Bureau of National Affairs, Inc. v. United States Department of Justice

742 F.2d 1484 (1984)

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The Bureau of National Affairs, Inc. v. United States Department of Justice

United States District Court for the District of Columbia

742 F.2d 1484 (1984)

Facts

The Bureau of National Affairs (BNA) (plaintiff) filed a Freedom of Information Act (FOIA) request with the Department of Justice (DOJ) (defendant) for all records of appointments and meetings between William Baxter, then Assistant Attorney General for Antitrust, and all parties outside DOJ. DOJ refused the request on the ground that the sought materials were not “agency records” subject to disclosure under FOIA. The Environmental Defense Fund (EDF) (plaintiff) requested disclosure of certain records from the Office of Management and Budget (OMB) (defendant) relating to the Environmental Protection Agency’s (EPA) implementation of federal hazardous waste laws. The records sought by the EDF included the appointment calendars and phone logs of six OMB officials. Like DOJ, OMB refused to grant the FOIA request on the ground that the sought materials were not “agency records.” The cases were consolidated before the United States Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Mikva, J.)

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