Lion Raisins Inc. v. United States Department of Agriculture

Good Law
231 F. App'x 563
United States Court of Appeals for the Ninth CircuitApril 30, 2007No. 05-17449California649 words

Opinion

Lead Opinion

MEMORANDUM **

This case concerns a request by Lion Raisins Inc. (“Lion”), pursuant to the Freedom of Information Act, 5 U.S.C. §§ 552 , et seq. (“FOIA”), for documents relating to the U.S. Department of Agriculture’s (“USDA”) inspections of raisins at Lion’s facility in connection with an investigation of Lion. Lion challenges the district court’s grant of summary judgment in favor of the USDA, which approved the withholding of ‘Work Sheets for Certificates of Quality and Condition for Raisins” (“Worksheets”) under FOIA’s law enforcement exemption, 5 U.S.C. § 552 (b)(7)(A). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

In reviewing FOIA cases, we ask two questions: “(1) whether the district court had a factual basis adequate to make a decision, and (2) if it did, whether the decision below was clearly erroneous.” Doyle v. FBI, 722 F.2d 554, 555 (9th Cir. 1983).

With respect to whether there was an adequate factual basis for the district court’s decision, “[cjourts can rely solely on government affidavits so long as the affiants are knowledgeable about the information sought and the affidavits are detailed enough to allow the court to make an independent…

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