# Clark-Cowlitz Joint Operating Agency v. Federal Energy Regulatory Commission

> Court of Appeals for the D.C. Circuit · August 15, 1986 · 798 F.2d 499

URL: https://www.frixlaw.com/law-library/cases/9475241

## Case

- **Full name:** CLARK-COWLITZ JOINT OPERATING AGENCY, Appellant v. FEDERAL ENERGY REGULATORY COMMISSION
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** August 15, 1986
- **Citations:** 798 F.2d 499; 255 U.S. App. D.C. 9; 1986 U.S. App. LEXIS 28015
- **Precedential status:** Published
- **Opinion:** Concurrence by Robinson
- **Judges:** III, Robinson, Mikva, Edwards, Ginsburg, Bork, Scalia, Starr, Silberman, Buckley, Wright
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9475241

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9475241. Public record. Not legal advice.