ELR Citation: ELR 20786
No(s). 82-0380 (D.D.C. Jun 28, 1983)

The court rules that the names of recipients of Environmental Protection Agency (EPA) notice letters under §104 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are not exempt from disclosure under the Freedom of Information Act (FOIA). The court rules that the letters are a part of EPA's investigatory activities under its CERCLA enforcement authority and thus meet the first prong of the test governing the applicability of FOIA's §7(A) exemption. However, it also holds that disclosure of the recipients of the letters would not interfere with enforcement proceedings and thus does not satisfy the second prong of the test. The court also rejects defendant's claim of an exemption under §7(C) of FOIA, which protects against unwarranted invasions of privacy. The information contained in the letters does not concern protected privacy interests since the recipients wereacting in their public, business capacities and the subject matter, the dumping of hazardous wastes, is a matter of public concern. Finally, the court rules that the requested information is not exempt under §5 of FOIA, governing inter- or intra-agency memoranda. The CERCLA notice letters are not internal memoranda by virtue of their voluntary disclosure to addressees.

Counsel for Plaintiff
Cornish Hitchcock
Public Citizen Litigation Group
Suite 700, 2000 P St. NW, Washington DC 20036
(202) 785-3704

Counsel for Defendant
Charles F. Flynn, Ass't U.S. Attorney
U.S. Cthse., 3d & Const. Ave. NW, Washington DC 20001
(202) 633-4926

Carl Strass
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2682