Tag Archives: Appropriations riders

FOIA Exemption 3’s Clear Statement Rule and the Canon of Repeal by Comprehensive Revision: Everytown for Gun Safety v. ATF

by Bernard Bell — Thursday, Aug. 22, 2019

FOIA Exemption 3 allows agencies to withhold documents in response to FOIA requests regarding “matters that are … specifically exempted from disclosure by statute.” 5 U.S.C. § 552(b)(3)(A).  To be “specifically exempted” by statute, the statute must (i) prohibit disclosure “in such a manner as to leave no discretion on the issue,” or “(ii) establishe[] […]

Advisory Opinions, Remedial Discretion, and Non-APA Programmatic Challenges: Center for Biological Diversity v. U.S. Forest Service

by Bernard Bell — Tuesday, June 4, 2019

You may be familiar with fictional gunmen’s euphemistic boast: “the victim died of poising, lead poising!”  Apparently in the Kaibab National Forest, located largely in northern Arizona, animals die from euphemistic and non-euphemistic lead poisoning.  First, hunters shoot big game (such as bison and elk) using lead ammunition, a euphemistic “lead poising;” then scavengers, such as […]