ELR Citation: ELR 20408
No(s). 72-2355, 73-1005 (4th Cir. May 10, 1973)

EPA must produce factual documents used in the issuance of proposed lead regulations under the Clean Air Act. The court affirms the lower court's holding that the Freedom of Information Act precludes the Agency from invoking executive privilege to withhold the information. The appropriateness of executive privilege is to be determined by the court, generally by in camera review. See Comment, Freedom of Information Act Exemptions Tightly Construed in Case Concerning the Garwin Report on the SST: Soucie v. David, 1 ELR 10109 (July 1971), and Comment, Garwin Report Release Moots Soucie v. David, 1 ELR 10138 (August 1971).

Counsel for Appellant
William Kanter U.S. Attorney
U.S. Department of Justice
Washington, DC 20530

Counsel for Appellees
E. Milton Farley, III
Hunton, Williams, Gay and Gibson
320 Federal Bar Building West
1819 H Street, NW
Washington, DC 20006