8. In the period 1966-1970 (end of first quarter), as reported by defendants, 13,284 Inspectors' Reports and 9,359 Notices of Violation were filed.
9. In the period 1966-1969 defendants carried out 115 formal proceedings against employers and declared 13 employers ineligible to receive government contracts.
Conclusions of Law
1. Plaintiffs have complied with the procedural requirements of the Freedom of Information Act, 5 U.S.C. § 552, and defendants' applicable regulations, 29 C.F.R. 70.1 et seq.
2. The Freedom of Information Act, 5 U.S.C. § 552(a)(3) places on defendants the burden of sustaining their refusal to permit access to the C.A. 15's and C.A. 16's.
3. Defendants have failed to meet the burden of showing that the records sought are exempt under any of the exemptions in 5 U.S.C. § 552(b).
4. Nothing in the records sought is a trade secret or commercial or financial information within the meaning of 5 U.S.C. § 552(b)(4), or is an internal memorandum within the meaning of 5 U.S.C. § 552(b)(5) or is an investigatory file compiled for law enforcement purposes within the meaning of 5 U.S.C. § 552(b)(7).
5. As provided in 5 U.S.C. § 552(c) there exists no lawful basis for withholding access to records except the exemptions stated in 5 U.S.C. § 552(b).
6. Under the Act, and also under the decisions of the Court of Appeals in Bristol-Myers Co. v. FTC, 138 U.S. App. D.C. 22, 424 F.2d 935 (D.C. Cir. 1970) and Grumman Aircraft Engineering Corp. v. Renegotiation Board, 138 U.S. App. D.C. 147, 425 F.2d 578 (D.C. Cir. 1970), the documents sought have been improperly withheld from plaintiffs.
On the basis of the foregoing, it is this 1st day of February, 1971,
Ordered, that the plaintiffs' motion for summary judgment be and it hereby is granted in that defendants are to make available to plaintiffs, or to any person the plaintiffs may designate, the Inspectors' Reports (C.A. 15's) and Notices of Violation (C.A. 16's) whose disclosure plaintiffs seek, provided that
1. the effective date of this order is stayed for thirty (30) days from this date within which time the defendants may file notice of appeal and if such notice is filed then this order is stayed until the conclusion of proceedings in the Court of Appeals; and
2. disclosure of the inspectors' report compiled by or for defendants on the explosion of Shell Oil and Chemical Co., Deer Park, Texas, sought specifically by intervenors Oil, Chemical and Atomic Workers, is to be withheld pending further order of this Court; and
3. defendants may move to modify this order as to any particular document covered by this order on grounds such as that it contains witness statements, trade secrets, or is being used in the course of formal adjudicatory proceedings.
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