EPA
violated the Freedom of Information Act by releasing personal
information, including phone numbers and email addresses, of the owners
of concentrated animal feeding operations (CAFOs), a federal appeals
court ruled today. The unanimous decision
by the 8th Circuit Court of Appeals in St. Louis is a big victory for
the American Farm Bureau Federation and the National Pork Producers
Council, which sued EPA three years ago after it released CAFO
information to environmental groups. The court reversed the decision
of U.S. District Judge Ann Montgomery in Minnesota, who found that AFBF
and NPPC had not been able to demonstrate standing on behalf of their
members.
Farm
Bureau general counsel Ellen Steen said AFBF is reviewing the decision
and its implications, but she called it "a clear and very significant
win for farmers and ranchers. The decision is a vindication of the right
of farm families to protect their personal information, such as their
home address and GPS coordinates, their phone numbers and email
addresses." The
appeals court "recognized that EPA cannot legally gather farmers' and
ranchers' personal information and serve it up on a silver platter to
anyone who asks for it," Steen said. "We are thrilled that AFBF was able
to stand up and defend the privacy of farmers and ranchers in this
way." EPA
contended that because the information is already publicly available,
the plaintiffs “cannot show causation or redressability” - essential
elements of legal standing...more
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