FOIA Advisor

Court opinions issued Dec. 31, 2019

Court Opinions (2015-2023)Allan BlutsteinComment

Flippin v. Dep’t of the Interior (D.D.C.) -- dismissing action against U.S. Capitol Police because it is not an agency subject to FOIA, and dismissing action against DOI because plaintiff filed his suit on the same day he submitted his request, thus failing to exhaust his administrative remedies.

Ctr. for Investigative Reporting v. DHS (D.D.C.) -- ruling that: (1) agency properly withheld certain records concerning related to border fence/border wall contract proposals pursuant to Exemptions 3, 6, 7(C), and 7(E), which plaintiff did not contest; (2) agency failed to establish that Exemption 5 applied to withheld records or that statute’s foreseeable harm standard was met; and (3) agency failed to demonstrate that information withheld under Exemption 4 was customarily treated as confidential by particular submitters, provided under assurance of confidentiality, or met statute’s foreseeable harm standard.

Summaries of all published opinions issued since April 2015 are available here.