Appleton Papers, Inc. v. Environmental Protection Agency

FLAUM, Circuit Judge.

After the government alleged Appleton Papers Inc. (“API”) and seven other companies caused $1 billion in contamination in the Fox River near Green Bay, Wisconsin, the government hired a consultant that prepared reports on the companies’ responsibility for the contamination. API unsuccessfully sought discovery of these reports by challenging a consent decree between the government and another company.

Determined to see the content, it filed a Freedom of Information Act (“FOIA”) request seeking the material, but the government refused under the FOIA exemption covering…