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Elephant import 10th circuit
23 October 2021, 19:26
KathiElephant import 10th circuit
https://law.justia.com/cases/f...1182-2021-10-13.htmlLINK HAS THE OPINION.
Friends of Animals v. Bernhardt, et al., No. 20-1182 (10th Cir. 2021)
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Justia Opinion Summary
Animal rights organization Friends of Animals served a Freedom of Information Act (FOIA) request on the U.S. Fish and Wildlife Service (FWS) seeking disclosure of form 3-177s submitted by wildlife hunters and traders seeking to import elephant and giraffe parts. FWS disclosed the forms with redactions. Most relevant here, it withheld the names of the individual submitters under FOIA Exemptions 6 and 7(C), which prevent disclosure of information when a privacy interest in withholding outweighs the public interest in disclosure, as well as information on one Form 3-177 under Exemption 4, which prevents the disclosure of material that is commercial and confidential. Friends of Animals challenged these redactions in the district court, which granted summary judgment in favor of FWS, upholding the redactions. The Tenth Circuit affirmed in part and reversed in part, finding the district court erred in granting summary judgment in favor of FWS as to the withholdings in the Elephant Request under Exemptions 6 and 7(C) and as to the withholdings under Exemption 4. The Court affirmed summary judgment as to the withholdings in the Giraffe Request.
Kathi
kathi@wildtravel.net
708-425-3552
"The world is a book, and those who do not travel read only one page."
23 October 2021, 19:29
Kathi https://news.bloomberglaw.com/...phant-part-importersI do not have access to this news article.
Wildlife Agency Must Release Names of Elephant Part Importers
Oct. 14, 2021, 11:30 AM
Public interest outweighs privacy interest, court says
FOIA can’t be used for ridicule, harassment, dissent argues
The U.S. Fish and Wildlife Service must share the names of those who sought to import elephant parts into the country because the public interest outweighs the privacy interests of the importers, a divided Tenth Circuit ruled.
Friends of Animals sued after the Fish and Wildlife Service withheld the names of individuals who filled out declarations to import African elephant and giraffe parts in its response to the group’s request for information.
The U.S. District Court for the District of Colorado ruled in April 2020 that those names were exempt from disclosure. But the lower court overemphasized the risks from ...
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Kathi
kathi@wildtravel.net
708-425-3552
"The world is a book, and those who do not travel read only one page."
23 October 2021, 19:36
Kathi https://www.coloradopolitics.c...e6-571330ba9880.htmlHarassment of elephant importers not a reason to withhold names, appeals court rules
I do not have access to this news article.
Kathi
kathi@wildtravel.net
708-425-3552
"The world is a book, and those who do not travel read only one page."
23 October 2021, 21:17
John Richardsonquote:
Originally posted by Kathi:
https://law.justia.com/cases/f...1182-2021-10-13.htmlLINK HAS THE OPINION.
Friends of Animals v. Bernhardt, et al., No. 20-1182 (10th Cir. 2021)
Annotate this Case
Justia Opinion Summary
Animal rights organization Friends of Animals served a Freedom of Information Act (FOIA) request on the U.S. Fish and Wildlife Service (FWS) seeking disclosure of form 3-177s submitted by wildlife hunters and traders seeking to import elephant and giraffe parts. FWS disclosed the forms with redactions. Most relevant here, it withheld the names of the individual submitters under FOIA Exemptions 6 and 7(C), which prevent disclosure of information when a privacy interest in withholding outweighs the public interest in disclosure, as well as information on one Form 3-177 under Exemption 4, which prevents the disclosure of material that is commercial and confidential. Friends of Animals challenged these redactions in the district court, which granted summary judgment in favor of FWS, upholding the redactions. The Tenth Circuit affirmed in part and reversed in part, finding the district court erred in granting summary judgment in favor of FWS as to the withholdings in the Elephant Request under Exemptions 6 and 7(C) and as to the withholdings under Exemption 4. The Court affirmed summary judgment as to the withholdings in the Giraffe Request.
Judge Tymkovich who dissented in part was on President Trump's short list for the Supreme Court.
24 October 2021, 08:05
lavacaThis is BS. Someone should appeal. I don't really care if anyone knows that I've applied for importation of trophies. If they harass me, I'll deal with them, but it will be expensive. For both of us. And everything they've ever done will become public knowledge. Every crime, every affair, everything.
24 October 2021, 09:26
BaxterBquote:
Originally posted by Kathi:
https://www.coloradopolitics.c...e6-571330ba9880.htmlHarassment of elephant importers not a reason to withhold names, appeals court rules
I do not have access to this news article.
What I don't get is what is the claimed legitimate reason for getting names?
By the time the animal hits the US shore and passes through USFW, what other public interest is there in knowing names? The process ic complete by that time - CITES, etc??, no?
25 October 2021, 22:46
delloroThe interest is in access to govt records. That is all. The people do, and should, have presumptive access to govt records. However, privacy should also be respected. The trick as always is finding the right balance.
26 October 2021, 03:33
CharlesLquote:
Originally posted by delloro:
The interest is in access to govt records. That is all. The people do, and should, have presumptive access to govt records. However, privacy should also be respected. The trick as always is finding the right balance.
Like their donors tax records? I think the balance should be no personal records unless there is a valid reason.
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