Gardner (Jul. 22, 1988), reprinted in J.A. 9.  That request was denied by the Economics Agencies FOIA Officer on August 8, 1988.  CBF administratively appealed the denial to NASS on September 21, 1988, and NASS denied that appeal on October 31, 1988, informing CBF that it had the right to judicial review.  The June 1988 informal denial and the August 1988 FOIA denial were accompanied by USDA's offer "to obtain individual releases for the survey response forms.... [and] to absorb the administrative costs of contacting the 129 public agencies if Chesapeake Bay Foundation pays the postal costs."   See, e.g., Letter from Charles E. Caudill to Patrick Gardner (Aug. 8, 1988), reprinted in J.A. 11.  CBF officials did not respond to USDA's offers March 26, 1990 Order, reprinted in J.A. 66-67.  The District Court expressly preserved "USDA's right to be further heard on any aspect of [the] matter."   Id.  In compliance with the District Judge's order, USDA wrote the Maryland Attorney General and the interested Maryland agencies, explaining the litigation and enclosing a copy of the order.  In the letter, USDA's counsel invited the agencies to execute an enclosed written authorization for release of the information, but assured the state and local officials that USDA would continue to resist disclosure in the event the State or its agencies opposed release of the survey information.  See Letter of Kenneth E. Cohen (Apr. 18, 1990), reprinted in J.A. 81.


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Subsequently, the Maryland Attorney General's office filed reports