Fourth Circuit: National Veterans Legal Svc v. DOD

 

As the information in the government database is open to the public by the terms of the relevant statute, the unavailability of portions of it is an injury sufficient for Article III standing.

When an agency removed all internal hearing records from public access after the discovery of personally identifiable information contrary to statute, the decision was not a final agency determination of rights and obligations susceptible to APA challenge; the present challenge is a programmatic attack on the pace of record restoration.


National Veterans Legal Svc v. DOD