Nat'l Sec. Counselors v. DOJ, No. 18-5171, 2018 U.S. App. LEXIS 31112 (D.C. Cir. Nov. 1, 2018) (per curiam)
Re: Request for Manual of Administrative Operations and Procedures
Disposition: Granting government's motion for summary affirmance of district court's grant of government's renewed motion for summary judgment and denial of requester's motion for summary judgment
- Fees and Fee Waivers, Fees: The Court of Appeals for the District of Columbia Circuit relates that "[i]n remanding this matter to the district court for further proceedings, this court directed the district court to solicit evidence that would enable it to determine the answer to a particular factual question: whether the $15-per-CD fee charged by the government exceeds the government's direct cost of producing those CDs, in violation of the fee provision of the Freedom of Information Act, 5 U.S.C. § 552(a)(4)(A)." "[The requester] moved [the] court to recall and expand the remand mandate, and this court denied that motion." The court holds that "[t]he district court did not err by declining to expand the proceedings on remand beyond this court's mandate or by concluding that the undisputed evidence showed that the fee was not excessive."