Mobil Oil Corporation v. United States Environmental Protection Agency

The Environmental Protection Agency (“EPA”) appeals the district court’s grant of summary judgment in favor of Mobil Oil Corporation (“Mobil”) in which the district court ordered the EPA to produce documents requested by Mobil under the Freedom of Information Act, 5 U.S.C. § 552 (“FOIA”). We address the question of whether the EPA waived its right to invoke statutory exemptions to Mobil’s request for documents under FOIA by its release of related documents to Mobil and third parties.

FACTS AND PRIOR PROCEEDINGS

Mobil, pursuant to FOIA, requested a number of documents from the EPA relating to an alleged 1983-85 air pollution violation by Mobil at its Bakersfield, California polystyrene foam manufacturing facility. The agency produced some, but not all of the requested documents, asserting that the withheld documents were statutorily exempted from FOIA’s disclosure requirements.

Mobil brought suit against the EPA, seeking the production of the withheld records. Based on an index provided by EPA, Mobil requested six documents and portions of two others. Both parties moved for summary judgment on the issue of whether the requested documents were properly withheld under…