Legal Opinion

Missouri Coalition for the Environment Foundation v. United States Army Corps of Engineers

Court of Appeals for the Eighth Circuit

Decided September 16, 2008No. 07-2218PublishedCited by 37 opinions

1Opinion of the Court

ERICKSON, District Judge.

In this action, the Missouri Coalition for the Environment Foundation (the “Coalition”) seeks disclosure of a number of documents from the United States Army Corps of Engineers (the “Corps”) pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. The district court granted summary judgment in favor of the Corps on the basis that the deliberative process privilege, 5 U.S.C. § 552(b)(5), exempts all 83 documents responsive to the request. The Coalition appeals from the judgment and we remand for further proceedings.

I

The Corps conducted a study of flood risk…

2Cases cited22 opinions

  1. Robert G. Vaughn v. Bernard Rosen, Executive Director, United States Civil Service CommissionCourt of Appeals for the D.C. Circuit · 1973
  2. Department of the Air Force v. RoseSupreme Court of the United States · 1976
  3. Mead Data Central, Inc. v. United States Department of the Air ForceCourt of Appeals for the D.C. Circuit · 1977
  4. Environmental Protection Agency v. MinkSupreme Court of the United States · 1973
  5. Morley v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 2007

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3Cited by37 opinions

  1. Smith v. Department of LaborDistrict Court, District of Columbia · 2011
  2. State ex rel. BH Media Group v. FrakesNebraska Supreme Court · 2020
  3. North Dakota v. U.S. Environmental Protection AgencyDistrict Court, D. North Dakota · 2015
  4. Washington v. Countrywide Home Loans, Inc.Court of Appeals for the Eighth Circuit · 2011
  5. Christopher W. Madel v. U.S. Department of JusticeCourt of Appeals for the Eighth Circuit · 2015

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