Mar. 7, 2023
S. Envtl. Law Ctr. v. Tenn. Valley Auth. (E.D. Tenn.) -- ruling that agency properly relied on Exemption 4 to redact certain information contained in two contracts negotiated with natural gas pipeline companies; further ruling that foreseeable harm provision was applicable, consistent with Second Circuit’s 2022 decision in Seife v. FDA, and that agency adequately established that disclosure would harm companies’ commercial or financial interests; declining to decide whether disclosure was prohibited by Trade Secrets Act and thus outside reach of foreseeable harm provision.
Mar. 6, 2023
Aguirre v. U.S. Nuclear Regulatory Comm'n (S.D. Cal.) -- finding that: (1) agency failed to perform reasonable search for certain communications between NRC and generating station operators pertaining to incident involving storage of nuclear waste; (2) agency properly withheld identities third parties pursuant to Exemption 7(C); (3) agency properly withheld link to agency computer network pursuant to Exemption 7(F); (4) agency properly relied on Exemption 4 to withhold two “proprietary” documents submitted by private companies under implied promise of confidentiality; not addressing whether foreseeable harm provision applied to Exemption 4; and (5) rejecting plaintiff’s argument that separate Vaughn index was necessary due to alleged deficiencies in agency’s declaration.
Huddleston v. FBI (E.D. Tex.) -- denying plaintiff’s request for interim attorney’s fees and costs in case concerning FBI’s investigation of Seth Rich’s death, but permitting plaintiff to refile same motion after court ruled on pending motions for reconsideration.
Summaries of all published opinions issued since April 2015 are available here.