United States DC Circuit

Under the Freedom of Information Act (FOIA), a government agency must show that an "administrative nightmare" would result were it unable to apply a date-of-request cut-off policy to requests for documents made by the public. However, the agency's adoption of the date-of-request cut-off policy without notice and opportunity to comment is exempt from review under the Administrative Procedure Act, 5 U.S.C. s 553(b).

Appellate Information

• Argued 11/13/2001
• Decided 01/25/2002
• Published 01/25/2002

Judges

• Before:  EDWARDS and TATEL, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Michael E. Tankersley argued the cause for appellant.   With him on the briefs was Alan B. Morrison.


• For Appellees:
  
• Matthew M. Collette, Attorney, U.S. Department of Justice, argued the cause for appellees.   With him on the brief were Wilma A. Lewis, U.S. Attorney at the time the brief was filed, Leonard Schaitman, Attorney, U.S. Department of Justice, and John Schnitker, Attorney, U.S. Department of State.