The government did not waive work product immunity for information used in consent decrees to help resolve $1 billion in environmental contamination, according to a U.S. Court of Appeals for the Seventh Circuit ruling.
The unanimous panel ruling December 26 in the U.S. Court of Appeals for the Seventh Circuit in Appleton Papers Inc. v. Environmental Protection Agency (EPA) affirmed Eastern District of Wisconsin Chief Judge William Griesbach’s summary judgment in March for the EPA and the Justice Department’s Natural Resources Division.
