Natural Resources Defense Council v. EPA, No. 19-2896 (2d Cir. 2020)Annotate this Case
The Second Circuit reversed the district court's holding that the EPA properly invoked the deliberative process privilege and Exemption 5 of the Freedom of Information Act (FOIA) to withhold a portion of its OMEGA computer program when responding to plaintiffs' FOIA request. The OMEGA model is an EPA computer program used to forecast the likely responses of automakers to proposed EPA greenhouse gas emissions standards. In this case, the record shows that to the extent the full OMEGA model reflects any subjective agency views, it does so in the input files, not the core model. Therefore, the core model is not deliberative and thus does not fall within the scope of the privilege and FOIA Exemption 5.