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

J. SKELLY WRIGHT, Circuit Judge:

Founded on the principle that “government should conduct the public’s business in public,” 1 the Government in the Sunshine Act, 5 U.S.C. § 552b (1982), directs that, unless within the compass of one of ten narrowly drawn exceptions, deliberations of a multi-member federal agency must be open to public view. One of those exceptions, Exemption 10, permits an agency to limit disclosure of “information * * * likely to * * * concern * * * the agency’s participation in a civil action * * *.” Id. § 552b(c)(10). 2 This case requires us to determine whether and to what…