1970, D.C. Cir.) There the Board was required to bare the non-exempt portions of documents after making "suitable deletions".
Based on the foregoing, the Court holds:
(1) It is a violation of the Freedom of Information Act to withhold from the public the means for requesting an " identifiable record" when those means are exclusively within the control of the agency possessing the sought after records; and
(2) It is a violation of the Act to withhold documents on the ground that parts are exempt and parts nonexempt. In that event, "suitable deletions" may be made; and here the entire column headed Citations may be deleted.
The Court notes that, in its opinion, the Department of Agriculture in general, and the Pesticides Regulation Division in particular, has circumvented the Freedom of Information Act. In all likelihood, this case will be before the Court again to determine which substantive documents are accessible to the public and which are not. The Department of Agriculture is admonished that freedom of information is now, by statute, the rule, and secrecy is the exception. There are numerous ways that the Department can provide the requested information in response to requests from the public without divulging exempt material. The Department is best suited to determine how this can most efficiently be done. On the other hand, plaintiffs are admonished to make only such requests for documents as they reasonably need and not to put PRD to fruitless tasks of sorting documents for which plaintiffs have no real use.
Upon consideration of the foregoing, it is by the Court, this 5th day of August 1970,
Ordered that defendants' motion to dismiss, or in the alternative for summary judgment be, and the same is hereby denied, and it is further
Ordered that plaintiffs' motion for partial summary judgment be, and the same hereby is granted in part in that it is
Ordered that defendant Clifford Hardin and his agents and employees are enjoined from further withholding the Pesticides Regulation Division's master record card file from inspection by plaintiffs, subject to suitable deletion of citations, seizures and recall actions.
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