On the eve of oral argument before the District Court for the District of Columbia, the Department of Commerce says it intends to publish its Section 232 report on the “Effect of Imports of Uranium on the National Security” tomorrow, July 29, 2021, in a just-filed motion:
On July 29, 2021, Commerce intends to publish the Uranium Report on its website and, on August 2, 2021, it intends to publish the report in the Federal Register. Undersigned counsel has been authorized to represent that the Office of the President has agreed with this course of action.
Cause of Action Institute originally filed FOIA requests for the report over two years ago on April 15, 2019, and filed suit on September 10, 2019.
Ryan Mulvey, counsel at CoA Institute:
We are pleased that the Department of Commerce finally decided to provide transparency on this report, but It should not have taken a FOIA lawsuit to force release when the 232 statute requires publishing reports in the Federal Register. 232 reports are paid for by taxpayers and serve an important role in keeping the tariff process transparent.
The remaining issues in the lawsuit include a “policy or practice” claim, which CoA Institute is using to seek judicial review of Commerce’s systematic approach of denying access to Section 232 reports, and the failure of agency to provide the response letter from the Department of Defense.
232 Uranium Report Documents:
- Apr. 15, 2019: FOIA requests to Department of Commerce and Bureau of Industry and Security
- Sept. 10, 2019: Complaint
- Section 232 Uranium Report lawsuit docket: CoA Institute v. Department of Commerce (1:19-cv-02698)
More information about CoA Institute’s FOIA litigation for the 232 Auto-Tariff report:
- Feb. 19, 2019: CoA Institute Files FOIA Requests for Commerce’s Section 232 Auto-Tariff Report
- Mar. 21, 2019: Cause of Action Sues Commerce Dept. for Failing to Release Auto-Tariff Report
- May 17, 2019: CoA urges release of secret 232 auto report in response to POTUS proclamation
- June 19, 2019: Commerce Provides Poor Excuse in First Answer on Secrecy of 232 Auto Tariff Report
- Aug. 19, 2019: Department of Commerce’s Motion for Summary Judgement
- Sept. 3, 2019: CoA Institute’s Opposition and Cross-Motion For Summary Judgment
- Section 232 Automobile Report lawsuit docket: CoA Institute v. Department of Commerce (19-cv-00778)