ELR Citation: ELR 20220
No(s). 04-1560 (D.D.C. Oct 30, 2006)

A district court held that the U.S. Department of the Interior need not release certain documents to a nonprofit group relating to the National Park Service's (NPS') proposal to enter into "benefits sharing" agreements with private parties permitting the collection and commercial use of biological materials from national parks. The disputed documents were considered, but not used, in an environmental impact statement prepared for the agreement. Because their release would reveal the editorial judgment of NPS staff, the documents are exempt from disclosure under the deliberative-process privilege under the Freedom of Information Act (FOIA) Exemption 5. However, the group is entitled to a public-interest fee waiver for the documents that were released under its FOIA request.

[A related decision in this litigation is published at 29 ELR 21154.]