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CENTER FOR ENVTL. LAW v. OFFICE OF TRADE REP.

No. 12-5136.

718 F.3d 899 (2013)

CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW, Appellee v. OFFICE OF the UNITED STATES TRADE REPRESENTATIVE and Ron Kirk, in his official capacity as the United States Trade Representative, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 7, 2013.

Attorney(s) appearing for the Case

H. Thomas Byron III , Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Stuart F. Delery , Principal Deputy Assistant Attorney General, Ronald C. Machen , U.S. Attorney, and Matthew M. Collette , Attorney. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

J. Martin Wagner argued the cause and filed the brief for appellee. Sarah H. Burt entered an appearance.

Bruce D. Brown was on the brief for amici curiae The Reporters Committee for Freedom of the Press, et al. in support of appellee. Laurie A. Babinski , Jonathan D. Hart , Kathleen A. Kirby , Eric N. Lieberman , David E. McCraw , Bruce W. Sanford , Peter E. Scheer , and Kurt A. Wimmer entered appearances.

Opinion for the Court filed by Senior Circuit Judge RANDOLPH.

RANDOLPH, Senior Circuit Judge:

The nature of foreign negotiations requires caution, and their success must often depend on secrecy; and even when brought to a conclusion, a full disclosure of all the measures, demands, or eventual concessions, which may have been proposed or contemplated, would be extremely impolitic: for this might have a pernicious influence on future negotiations, or produce immediate inconveniences...

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