Clark-Cowlitz Joint Operating Agency v. Federal Energy Regulatory Commission

SPOTTSWOOD W. ROBINSON, III, Circuit Judge,

concurring:

Nine months ago, when I joined in the panel opinion,1 I felt that the central question in this case was difficult and very-close. Reconsideration by the full court has not mitigated the problem, but it has altered my view on the outcome proper. Now, with the aid of additional research, argument and deliberation, I am convinced that the conclusions today reached by a majority of the court more accurately reflect the congressional objectives underlying Exemption 10 of the Government in the Sunshine Act,2 and more likely effectuate the…