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

J. SKELLY WRIGHT, Senior Circuit Judge, with whom MIKVA, Circuit Judge, joins,

dissenting:

I believe the majority’s broad construction of the litigation exemption to the Sunshine Act is inconsistent with the spirit of the Act and with this court’s established approach to such questions. In my view, the panel opinion more accurately reflects the intent of Congress as to the scope of the Sunshine Act. Therefore, I must respectfully dissent.

The Sunshine Act, 5 U.S.C. § 552b (1982), embodies the belief of Congress that openness in government is essential to representative democracy. See…