Administrative Law—First Circuit Decides Qualified Federal Law Enforcement Privilege Outweighs State’s Prerogative to Enforce Criminal Code—Puerto Rico v. United States, 490 F.3d 50 (1st Cir. 2007)

First Circuit Review 2008

In 1946, Congress enacted the Administrative Procedure Act (APA), establishing the standards under which federal courts may review the decisions of government agencies.  In addition, pursuant to the so-called housekeeping statute, agency heads may regulate the distribution of agency records.  In Puerto Rico v. United States, the United States Court of Appeals for the First Circuit considered both of these statutes in determining whether a state had a nonstatutory cause of action to obtain information from the Federal Bureau of Investigation (FBI) to aid in its criminal investigation of the FBI.  The court held that Puerto Rico did not have a nonstatutory cause of action and that it would instead have to obtain the requested materials under the APA. . . .