FOIA Advisor

Court opinions issued Mar. 31, 2021

Court Opinions (2015-2023)Allan BlutsteinComment

Ctr. for Biological Diversity v. U.S. Fish & Wildlife Serv. (D.D.C.) -- ruling that government properly invoked Exemption 5’s deliberative process privilege to withhold biological evaluations and biological opinions on certain pesticides under the Endangered Species Act, but failed to identify segregable material in two records.

Property of the People v. DOJ (D.D.C.) -- concluding that FBI performed inadequate search for records relating to the documentary film “Cowspiracy,” the term “ag-gag,” and certain pieces of enumerated legislation.

Hall & Assoc. v. EPA (D.D.C.) -- granting in part and denying in part EPA’s summary judgment motion relying on Exemption 5 to withhold twelve documents pertaining to agency’s non-acquiescence to Eighth Circuit’s decision in Iowa League of Cities v. EPA.

Burnett v. DOJ (D.D.C.) -- finding that DEA performed adequate search for records concerning plaintiff’s criminal prosecution and that it properly withheld records pursuant to Exemptions 6, 7(C), 7(D), 7(E), and 7(F).

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