Energy Policy Advocates v. SEC (D.D.C.) -- ruling that: (1) agency performed an adequate search for SEC communications with two organizations regarding the agency’s proposed climate rulemaking, an issue that plaintiff did not dispute; (2) agency properly relied on Exemption 4 to withhold organizations’ billing rates, labor categories, project structure information, strategic development goals, and plans concerning product costs; SEC concretely explained how disclosure would provide an advantage to organizations’ competitors, which satisfied foreseeable harm requirement; and (3) SEC properly withheld certain information under Exemption 5’s deliberative process privilege, and it provided “focused and concrete” explanations how disclosure would chill future agency deliberations and cause “harmful confusion” to the public.
Summaries of all published opinions issued in 2024 are available here. Earlier opinions are available here.