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It’s Freedom of Information Law week here at the CasePrepPlus newsletter.  This week, we have two cases, one from the First Department and one from the Second Department, that address the scope of what public records must and can’t be disclosed, whether a municipality’s public website on which records are posted is enough to satisfy its production obligations, and how far an agency must go before simply denying a FOIL request as unduly burdensome. Let’s take a look [...]

EPA has recently proposed bans on both perchloroethylene (“PCE”)[i] and trichloroethylene (TCE)[ii].  Both bans are proposed under Section 6 of the Toxic Substances Control Act (TSCA) which gives EPA authority to prohibit the manufacturing, processing, distribution, and import of a chemical.  The proposed bans followed EPA’s risk determinations under TSCA that both PCE and TCE present an unreasonable risk of injury to human health when evaluated under their conditions [...]