observing that an exemption in the federal sunshine law, 5 U.S.C. § 522b, pertaining to an agency's participation in a civil litigation clearly reflects the attorney-client privilege
How later courts described this case
- observing that an exemption in the federal sunshine law, 5 U.S.C. § 522b, pertaining to an agency's participation in a civil litigation clearly reflects the attorney-client privilege
- affirming district court’s grant of summary judgment to FERC for alleged Sunshine Act violation
Written by the judges who cited it.
The opinion
SPOTTSWOOD W. ROBINSON, III, Circuit Judge,
concurring:
Nine months ago, when I joined in the panel opinion, 1 I felt that the central question in this case was difficult and very-close. Reconsideration by the full court has not mitigated the problem, but it has altered my view on the outcome proper. Now, with the aid of additional research, argument and deliberation, I am convinced that the conclusions today reached by a majority of the court more accurately reflect the congressional objectives underlying Exemption 10 of the Government in the Sunshine Act, 2 and more likely effectuate the legislative intent in regard to the duration of that exemption. Accordingly, I concur in the majority opinion.
. Clark-Cowlitz Joint Operating Agency v. FERC, 249 U.S.App.D.C. 309 , 775 F.2d 359 (1985), vacated, 788 F.2d 762 (D.C.Cir.1986) (order).
. 5 U.S.C. § 552b(c)(10) (1982).