Washington, D.C. (Sept. 10, 2019) – Cause of Action Institute (CoA Institute) has stepped up its ongoing battle with the Department of Commerce (Commerce) by suing the agency for failing to respond to its Freedom of Information Act (FOIA) requests seeking access to the agency’s final report to the President regarding its Section 232 investigation into the “Effect of Imports of Uranium on the National Security” and the Department of Defense’s response letter to that report.
The President issued a memorandum on July 12, 2019 outlining the key findings of the report along with his decision to establish the “United States Nuclear Fuel Working Group.” Despite this action, Commerce refuses to release the report, despite federal law requires its publication. This new lawsuit is in addition to CoA Institute’s already filed suit seeking access to the Section 232 Automobile report, which Commerce also refuses to release.
Section 232 of the Trade Expansion Act of 1962 requires that “[a]ny portion of the report submitted by the Secretary . . . which does not contain classified information or proprietary information shall be published in the Federal Register.” Commerce previously published its Section 232 reports for steel and aluminum on its website within a month of their creation. On July 15, 2019 Commerce told CoA Institute that uranium report’s “executive summary will be printed in the [Federal Register] within the next 30 days and the full report will be on [its] website.” But that self-imposed deadline has passed and the report is still not public.
James Valvo, counsel and senior policy advisor at CoA Institute:
“By refusing to release the Section 232 Uranium Report, Commerce is flouting the publication requirements of both Section 232 and the Freedom of Information Act. Congress created a statute that requires Commerce to create and publish these reports, which the Administration is trying to use to support counter-productive trade wars that threaten the economic freedom of all Americans. We are suing to obtain access to this report so the public can learn about the justifications for this Administration’s actions on tariffs and judge them on the merits.”
The new lawsuit also includes 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.
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)
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Media Contact: James Valvo, james.valvo@causeofaction.org
202-417-3576
About Cause of Action Institute
Cause of Action Institute is a 501(c)(3) non-profit working to enhance individual and economic liberty by limiting the power of the administrative state to make decisions that are contrary to freedom and prosperity by advocating for a transparent and accountable government free from abuse.
