ELR Citation: ELR 21427
No(s). 3:92CV363 (E.D. Va. Jan 21, 1993)

The court enjoins the U.S. Environmental Protection Agency (EPA) from disclosing, pursuant to a Freedom of Information Act (FOIA) request, commercial and financial information regarding a contract for certain environmental cleanup services and equipment. The court first holds that a suit challenging a federal agency's decision to disclose records under FOIA must be challenged under the Administrative Procedure Act, and will only be overturned if it is arbitrary, capricious, or otherwise not in accordance with the law. The court next holds that the Trade Secrets Act makes illegal the disclosure of privileged and confidential trade secrets and commercial or financial information that fall within FOIA Exemption 4. The court next holds that the commercial and financial information at issue is confidential and falls within FOIA Exemption 4 because it is of a kind that the plaintiff would not customarily release to the public, but was obligated to furnish to the government, and thus, its release would violate the Trade Secrets Act.

Counsel for Plaintiff
Andrew R. McRoberts, John R. Walk
Hirschler, Fleischer, Weinberg, Cox & Allen
The Federal Reserve Bank Bldg.
70 E. Byrd St., P.O. Box 500, Richmond VA 23204
(804) 644-0957

Counsel for Defendant
Robert W. Jaspen, Ass't U.S. Attorney
U.S. Attorney's Office
Main St. Ctr., 600 E. Main St., Ste. 1800, Richmond VA 23219
(804) 771-2186

Alan D. Margolis, Renee Sarajian
U.S. Environmental Protection Agency
401 M St. SW, Washington DC 20460
(202) 260-2090