FOIA Advisor

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Court opinions issued May 25, 2018

A Better Way for BPA v. U.S. Dep't of Energy (9th Cir.) -- reversing district court's decision that plaintiff did not have standing to file lawsuit because of "the submitted form’s unambiguous reference to A Better Way, confirming correspondence, and common sense." 

Physicians Comm. for Responsible Med. v. USDA (D.D.C.) -- concluding that requested records possessed by National Cattle Beef Association were not created, obtained, or controlled by agency and, thus, were not "agency records." 

Animal Legal Def. Fund v. USDA (N.D. Cal.) -- holding that expedited FOIA processing standard for "imminent threat to life or safety of an individual" excludes threats to animals -- in this case, a Siberian-Bengal tiger named "Tony."

Summaries of all opinions issued since April 2015 available here