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Jurewicz v. USDA, No. 12-5331, 2014 WL 394107 (D.C. Cir. Feb. 4, 2014) (Rogers, C. J.)


Jurewicz v. USDA, No. 12-5331, 2014 WL 394107 (D.C. Cir. Feb. 4, 2014) (Rogers, C. J.)

Re:  Dog breeders and dealers sought to prevent defendant from disclosing number of dogs bought and sold each year and annual revenue from dog sales

Disposition:  Affirming district court's grant of defendant's motion for summary judgment

  • Reverse FOIA:  Concerning defendant's use of Exemption 4, the court finds that appellee "determined Exemption 4 did not apply because the . . . information was unlikely to cause substantial competitive harm to appellants" and "also determined that release would not significantly assist competitors in gauging the scale of a licensee's operation because similar information is already in the public domain."  The court holds that appellant "fails to demonstrate that the Department's Exemption 4 conclusion was arbitrary or capricious."  Concerning Exemption 6, the court finds that appellee "has reasonably explained why there is a sufficient public interest and why release of this information would not constitute a 'clearly unwarranted' invasion of personal privacy."  The court holds that "[t]o prevail, appellants must demonstrate that conclusion is arbitrary and capricious or contrary to law, and they have failed to do so."
Court Decision Topic(s)
Court of Appeals opinions
Reverse FOIA
Updated February 4, 2022