Public Employees. v. U.S. Section, Intl. Boundary & Water Comm'n, No. 12-5158 (D.C. Cir. 2014)
Annotate this CasePEER sought records under the Freedom of Information Act 5 U.S.C. 552, related to two dams located on the border between the United States and Mexico. PEER first argued that it was entitled to the expert report on structural deficiencies in Amistad Dam and the U.S. Section asserted Exemption 5, which covers inter-agency or intra-agency memorandums or letters. The court vacated the district court's judgment as to Exemption 5 and the expert report and remanded for the district court to determine whether officials of the Mexican agency assisted in preparing the expert report. The court concluded that the emergency action plans and the inundation maps readily satisfy Exemption 7's threshold "complied for law enforcement purposes" requirement where disclosure of the emergency action plans would risk circumvention of the law and where U.S. Section has connected the release of the inundation maps to a reasonable threat of harm to the population downstream of the dams. Therefore, the plans fell within Exemption 7(E) and the maps fell within Exemption 7(F). Accordingly, the court affirmed with respect to its holding on Exemptions 7(E) and 7(F).
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