Civil Beat Law Center for the Public Interest, Inc. v. Centers for Disease Control & Prevention

by
Civil Beat filed suit under the Freedom of Information Act (FOIA), seeking to compel disclosure of two documents related to the University of Hawai'i at Manoa's biolab where researchers study a number of highly dangerous biotoxins. The Ninth Circuit held that the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (BPRA) is a qualifying statute under Exemption 3 of the Freedom of Information Act. The panel dismissed as moot that part of the appeal pertaining to the disclosure of the specific regulatory violations and vacated those portions of the district court's order; affirmed the district court's grant of summary judgment as to the withholding under Exemption 6 of the identity and contact information of CDC employees involved in the UH biolab inspection; and reversed the district court's grant of summary judgment to the CDC on the BPRA public endangerment exemption, because the CDC did not justify its complete withholding of the information. The panel remanded for further proceedings. View "Civil Beat Law Center for the Public Interest, Inc. v. Centers for Disease Control & Prevention" on Justia Law