FOIE GRAS FOLLEY FOILED

In Matter of Humane Society of the United States v. Empire State Development Corp., the Humane Society sought information from the Empire State Developmnt Corp (ESDC) about a grant the latter had given to HVFA, LLC doing business as Hudson Valley Foie Gras (HVFG).

HVFG, a producer of foie gras up in Sullivan County, was given $420,000 in funding from ESDC for the construction of manure treatment plants (and other improvements).

The Humane Society requested copies of the ESDC's project plan and the memorandum of understanding (MOU). While ESDC provided some documents, it claimed an MOU didn't exist and "declined to provide a project finance memorandum and cost-benefit analysis," based on a statutory exemption.

When the Humane Society filed suit, alleging its information request had been wrongfully denied and the ESDC's decision was "arbitrary and capricious," the Albany County Supreme Court dismissed the case. After an appeal to the Appellate Division, Third Department, the ESDC was directed to release "redacted copies of the project finance memorandum and cost-benefit analysis."

The appellate court believed documents touching upon "purely factual data regarding HVFG's financial and operating history" were disclosable. The ESDC's "opinions and projections regarding economic issues," on the other hand, were "exempt" as "intra-agency materials."

Will the Court of Appeals force-feed a different result?

To download a copy of the Appellate Division's decision, please use this link: Matter of Humane Society of the United States v. Empire State Development Corp.