Opinion

Roger W. Gale v. Cecil D. Andrus, Secretary, Department of Interior

  • 643 F.2d 826
  • 207 U.S. App. D.C. 76
  • 1980 U.S. App. LEXIS 15032
Court
Court of Appeals for the D.C. Circuit
Filed
Aug 8, 1980
Status
Published
Author
Oberdorfer
On the bench
Tamm, MacKinnon, Oberdorfer, Court'
Cited by
27 cases

holding that Trust Territory need not comply with a request under the Freedom of Information Act on the independent and alternative bases that it is not an agency of the United States, it is not explicitly referred to as being within the scope of the Act and it shares enough similarities with United States territories to be exempt

How later courts described this case

  • holding that Trust Territory need not comply with a request under the Freedom of Information Act on the independent and alternative bases that it is not an agency of the United States, it is not explicitly referred to as being within the scope of the Act and it shares enough similarities with United States territories to be exempt
  • construing the Freedom of Information Act's exemption for- the governments of United States territories and possessions in light of the legislative history of a similar exemption under the Administrative Procedure Act
  • “Trust Territory is not technically a territory or possession of the United States, since under the Trusteeship Agreement this country is not vested with sovereignty over the Territory”
  • refusing to apply Privacy Act to state agencies receiving federal funding and regulation

Written by the judges who cited it.

The opinion

OBERDORFER, District Judge,

concurring :

I agree that the Trust Territory of the Pacific Islands is sufficiently “like” a Territory of the United States to qualify it for exemption by operation of Section 551(1)(C) of the Freedom of Information Act, even though for many other purposes the Trust Territory may not be “like” a United States Territory. Accordingly, I concur in the result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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