FOIA Advisor

Court opinions issued Apr. 6, 2020

Court Opinions (2015-2023)Allan BlutsteinComment

Cause of Action Inst. v. DOJ (D.D.C.) -- concluding that: (1) DOJ properly withheld certain questions to and responses of congressional witnesses as “non-responsive” even though all material appeared in a single document, but that agency could not treat sub-questions and responses thereto as distinct records; (2) plaintiff did not have standing to challenge legality of Office of Information Policy’s guidance on definition of a “record.”

Ctr. for Pub. Integrity v. U.S. Dep’t of Energy (D.D.C.) -- ruling that: (1) agency properly relied on Exemption 5’s deliberative process privilege to withhold background papers associated with “Nuclear Posture Review;” (2) agency properly withheld names of contractors pursuant to Exemption 6, but domain email addresses were not similarly protected; (3) agency properly withheld information relating to security at nuclear facilities pursuant to Exemption 7(F); and (4) based on court’s in camera review, government did not previously disclose any information requested by plaintiff.

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