Legal Opinion
Physicians Comm. for Responsible Med. v. U.S. Dep't of Agric.
Court of Appeals for the D.C. Circuit
Decided May 25, 2018No. Civil Action No. 13–0483 (ABJ)PublishedCited by 9 opinions
1Opinion of the Court
The issue before the Court is whether any records maintained by NCBA qualify as "agency records" subject to disclosure under FOIA. NCBA argues that its records are "not 'agency records' just because [the Board] ... has the authority to audit NCBA's performance on its contracts." NCBA Cross-Mem. at 4. The Court agrees.
The Supreme Court and D.C. Circuit have repeatedly noted that FOIA does not provide any definition of "agency records." See, e.g., Forsham v. Harris , 445 U.S. 169, 178, 100 S.Ct. 977, 63 L.Ed.2d 293 (1980) ; Tax Analysts , 492 U.S. at 143, 109 S.Ct. 2841 ; Judicial Watch, Inc.…
2Cases cited10 opinions
- Kissinger v. Reporters Committee for Freedom of the PressSupreme Court of the United States · 1980
- United States Department of Justice v. Tax AnalystsSupreme Court of the United States · 1989
- Forsham v. HarrisSupreme Court of the United States · 1980
- Judicial Watch, Inc. v. United States Secret ServiceCourt of Appeals for the D.C. Circuit · 2013
- Consumer Federation of America v. Department of AgricultureCourt of Appeals for the D.C. Circuit · 2006
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- BBK Tobacco & Foods LLP v. Skunk IncorporatedDistrict Court, D. Arizona · 2019
- Cause of Action Institute v. White House Office of Management and BudgetDistrict Court, District of Columbia · 2019
- Danik v. U.S. Department of JusticeDistrict Court, District of Columbia · 2020
- Fiberlight, LLC v. Washington Metropolitan Area Transit AuthorityDistrict Court, District of Columbia · 2018
- Fiberlight, LLC v. Washington Metropolitan Area Transit AuthorityDistrict Court, District of Columbia · 2018
4 more not listed; retrieve them via the Exa API.