Usdoj

Harkonen v. United States Department of Justice

Good Law
800 F.3d 1143·2015 WL 5202141·2015 U.S. App. LEXIS 15926
United States Court of Appeals for the Ninth CircuitSeptember 8, 201513-15197California3,253 words

Opinion

Opinion

Noonan, J.

In this case we must decide whether the Administrative Procedure Act and the Information Quality Act confer the right to judicial review of a federal agency’s refusal to correct allegedly false or misleading information published by the agency in a press release. Dr. W. Scott Harkonen argues that he has the right to obtain, and that the Department of Justice (“DOJ”) has an obligation to provide, the correction of statements DOJ made about him in a 2009 press release. Not so, the government counters: Individuals have no such right, even if the information DOJ published was misleading, false, or even defamatory. We conclude that in the circumstances of this case .the government is correct, and therefore we AFFIRM.

I.

A.

The Information Quality Act (“IQA”) was included as a brief note to the Consolidated Appropriations Act of 2001, Pub.L. No. 106-554, 114 Stat, 2763 (2000). The I.QA required the Office of Management and Budget (“OMB”) to draft guidelines “that provide policy and procedural guidance to Federal agencies for ensuring and maximizing the quality, objectivity, utility, and integrity of information ... disseminated by Federal agencies in fulfillment of the…

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