FOIA Exemption 9 Explained: Wells, Geological Data, and US Admin Law

Welcome to this Administrative Law explainer video by Professor Dru Stevenson! In this quick guide, we break down FOIA Exemption 9 (5 U.S.C. § 552(b)(9)), which permits a federal agency to withhold or exempt from disclosure certain geological and geophysical information and data, including maps, concerning wells.

Exemption 9 is unique among the nine FOIA exemptions. It primarily applies to oil, gas, and water wells, protecting companies' massive investments in locating these resources from "free-riding" competitors. In this video, we cover key court cases that define the scope of Exemption 9:

• Water Wells Covered: We discuss the Aqua Alliance v. U.S. Bureau of Reclamation (D. D.C. 2015) decision, which confirmed that Exemption 9 applies to water wells as well as oil and gas wells, citing that the statute's text makes no distinction between the types of wells.

• Public vs. Private Wells: We also cover the NRDC v. U.S. Department of Defense (C.D. Cal. 2005) case, which held the exemption applies to information regarding public wells in addition to private wells.

Understanding this exemption is useful for anyone studying Administrative Law, Environmental Law, or the Freedom of Information Act (FOIA).
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Video Chapters/Timestamps:
0:00 - What is FOIA Exemption 9?
0:35 - The Statutory Text: 5 U.S.C. § 552(b)(9)
1:05 - Case Example: Does it cover Water Wells? (Aqua Alliance case)
2:10 - Case Example: Does it cover Public Wells? (NRDC case)
3:00 – Conclusion

#FOIA #AdministrativeLaw #FOIAExemption9 #LegalEducation #WellData


*PREQUEL TO THIS VIDEO (watch before it): Food Marketing Inst. v. Argus Leader Media    • Food Marketing Inst. v. Argus Leader Media...  
*SEQUEL TO THIS VIDEO (watch next): EPIC v. DOJ    • FOIA EXEMPTION 7(C): The Balancing Test fo...