Ethyl Corporation v. United States Environmental Protection Agency

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that because the agency did not identify the authors or recipients, the court could not identify those “persons’ relationships to the decisionmaking process”
• noting that, in FOIA cases, “factual conclusions ... are reviewed under a clearly erroneous standard”
• holding that statistical data were not delibera- tive process materials
• indicating that the government agency has the “burden of showing that it conducted an adequate search”
• stating that relevant factors to be considered in determining whether privilege applies to a record are “the identity and position of the author and any recipients of the document, along with the place of those persons within the decisional hierarchy”
• “Applying Gilmer through the lens of Luce, Forward 26 leads to the conclusion that § 1981 claims, like Title VII claims, are arbitrable.”

Source: CourtListener parenthetical corpus (CC0).