FOIA Advisor

Court opinions issued Nov. 24, 2020

Court Opinions (2015-2023)Allan BlutsteinComment

Nat. Res. Def. Council v. EPA (S.D.N.Y.) -- concluding that EPA failed to show that it properly withheld four documents pursuant to Exemption 5’s deliberative process privilege and that it properly disclosed all reasonably segregable, non exempt information from 74 other records.

Lawyers’ Comm. for Civil Rights v. OMB (D.D.C.) -- ordering additional round of summary judgment briefing because neither party addressed whether agency’s withholdings under Exemption 5’s deliberative process privilege met foreseeable harm standard.

WP Co. v. SBA (D.D.C.) -- denying government’s request for stay of court’s disclosure order regarding “the names, addresses, and precise loan amounts” for certain loan borrowers following the pandemic outbreak.

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