FOIA Advisor

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Court opinion issued Aug. 8, 2016

Andrus v. U.S. Dep't of Energy (D. Idaho) -- ruling that: (1) plaintiff, the former Governor of Idaho, failed to exhaust his administrative remedies with respect to one of his five requests concerning the disposal of nuclear waste; (2) agency failed to adequately explain its Exemption 5 withholdings and ordering it to submit documents for in camera review; (3) plaintiff properly challenged agency's decision under Administrative Procedure Act because DOE failed to follow a regulation that requires release of documents if in "public interest" notwithstanding the applicability of FOIA exemptions.

Summaries of all opinions issued since April 2015 available here