United States DC Circuit

In case involving trade dispute and FOIA action over alleged unfair trade practices by Canada and Canadian softwood lumber exporters, district court's judgment that appellee department properly withheld documents under FOIA exemptions applicable to confidential commercial information and privileged government documents is affirmed as to third-party letters, and to one set of internal department notes, but is reversed as to 50 other sets of notes as the district court erroneously accepted the department's narrower definition of the public record requirement of ex parte meetings, and is also reversed as to the denial of attorney fees as law firms representing themselves are still eligible for attorney fees.

Appellate Information

• Decided 12/22/2006
• Published 12/22/2006

Judges

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Mark A. Cymrot, Elliot J. Feldman, Michael Steven Snarr, Baker & Hostetler, Washington, DC, for Appellant.


• For Appellees:
  
• R. Craig Lawrence, Claire M. Whitaker, Michael Joseph Ryan, Assistant U.S. Attorney, Kenneth L. Wainstein, U.S. Attorney, U.S. Attorney's Office, Washington, DC, for Appellee.