Holdren’s Secondary E-Mail Subject to FOIA: Appeals Court

Bloomberg BNA reports on CEI's FOIA lawsuit against the White House Office of Science and Technology Policy. 

The Competitive Enterprise Institute, a libertarian nonprofit organization, originally filed a FOIA request in October 2013 seeking e-mails relevant to official governmental business that Holdren sent from an account with the Woods Hole Research Center, where he previously served as president.

In denying the FOIA request and throughout subsequent litigation, the government argued the records fell outside the scope of the opens record law because it was not physically in control of them and therefore unable to search them. But the appeals court said that claim “simply makes little sense.”

Read the full article at Bloomberg BNA.