On April 10, the D.C. Circuit heard oral argument in an appeal
filed by Sierra Club and other environmental groups seeking to
force EPA to release utility effluent treatment data that the
agency used to inform its Steam Electric Effluent Limitations
Guidelines (ELG) rule. The environmental groups are
requesting that the D.C. Circuit overturn the district court's
ruling, which sides with EPA. EPA collected the data from electric
utility companies on their wastewater treatment technologies,
pollutants, and incremental costs. The environmental groups
plan to use the data to support their appeal of the ELG rule, which
is pending in the 5th Circuit.
In short, EPA argues that it is allowed to withhold the data
pursuant to FOIA exemption 4, which protects trade secrets and
commercial or financial information that are obtained from a person
and are privileged or confidential. The environmental groups
argue that the FOIA exemptions only apply when no other law
requires
