Court opinion issued Dec. 15, 2017

Reporters Comm. for Freedom of the Press v. FBI (D.C. Cir.) --  reversing and remanding district court's decision that FBI had conducting adequate search for records concerning its impersonation of media during law enforcement investigations.  In reaching its ruling, the Circuit found that the government failed to sufficiently describe which agency files were searched and how, failed to demonstrate that certain records would not likely be maintained outside of one office it searched, and failed to follow one clear lead mentioned in responsive records.

Summaries of all opinions issued since April 2015 available here.

Court opinion issued Dec. 14, 2017

Frank LLP v. CFPB (D.D.C.) -- determining that: (1) Bureau properly invoked Exemption 7(E) to withhold certain records concerning enforcement action against debt collector; (2) Bureau properly withheld attorney interview notes prepared during active investigation into potential target pursuant to Exemption 5 (attorney work-product); (3) plaintiff failed to exhaust administrative remedies with respect to second request for failure to pay fees; (4) Bureau has improper practice of treating records submitted in response to Civil Investigative Demands ("CIDs") as "voluntarily" submitted for  purposes of Exemption 4; (5) Bureau properly treats entities that buy and collect on debts as "financial institutions" for purposes of Exemption 8. 

Summaries of all opinions issued since April 2015 available here.

Court opinions issued Dec. 13, 2017

Pickard v. U.S. Dep't of Justice (9th Cir.) (unpublished opinion) -- ruling that: (1) district court properly held that Exemption 7(D) protected name and information provided by source despite source's testimony at public trail; and (2) district court abused its discretion by considering plaintiff's remaining claims "withdrawn," because even though plaintiff had not sought summary judgment on those claims, he had opposed agency's summary judgment motion. 

Scudder v. CIA (D.D.C.) -- concluding that plaintiffs failed to demonstrate that CIA has policy or practice of categorically refusing to produce responsive documents electronically.

Goldner v. SSA (D. Md.) -- finding that: (1) agency reasonably searched for names and contact information of claimant representatives by utilizing its "Modernized Claims System" (MCS) database; and (2) although plaintiff sought only business contact information, agency properly relied on Exemption 6 to withhold disputed addresses and telephone numbers because agency was unable to distinguish personal and business information in MCS database. 

Summaries of all opinions issued since April 2015 available here.

Court opinion issued Dec. 11, 2017

Pub. Emps. for Envtl. Responsibility v. EPA (D.D.C.) -- finding that EPA properly relied on deliberative process privilege to withhold thirteen documents concerning toxic contamination at schools in Santa Monica Malibu Unified School District, but that agency failed to carry burden of proof with respect to six other documents withheld in full or in part pursuant to same privilege.   

Summaries of all opinions issued since April 2015 available here.

Court opinions issued Dec. 4, 2017

Powell v. IRS (D.D.C.) -- determining that: (1) several of plaintiff's FOIA requests were moot because agency released all responsive records; and (2) agency demonstrated that it performed reasonable search by submitting declaration containing "three essential statements that courts require: the search terms used, the database or locations searched, and an averment that all locations likely to contain responsive records were searched."  

Rojas v. FAA (D. Ariz.) -- in case involving multiple requests pertaining to agency's policy change for hiring Air Traffic Control Specialists, finding that: (1) agency properly refused to confirm or deny existence of complaints against named individual; and (2) agency improperly relied on privacy exemptions to redact email subject lines, case numbers, attachment files, and various other records; (3) agency failed to justify its use of Exemption 7(A).    

Summaries of all opinions issued since April 2015 available here.

Court opinions issued Nov. 30 & Dec. 1, 2017

Dec. 1, 2017

Judicial Watch v. Nat'l Archives & Records Admin. (D.C. Cir.) -- affirming district court's decision that agency properly relied on Exemption 7(C) to withhold copies of any indictments against Hillary Clinton arising out of Independent Counsel's investigation.

Keeping Gov't Beholden v. DOJ (D.D.C.) -- denying plaintiff's request for expedited review under Federal Courts Civil Priorities Act, 28 U.S.C. § 1657, because plaintiff failed to show "manifest good cause." 

Nov. 30, 2017

Ecological Rights Found. v. Fed. Emergency Mgmt. Agency (N.D. Cal.) -- determining that: (1) agency properly used the date it began to search for documents as cut-off date; (2) agency failed to demonstrate propriety of its withholdings pursuant to deliberative process and attorney work-product privileges; notably, the court cited agency's statutory obligation to show reasonably foreseeable harm; (3) Exemption 6 did not protect names of individuals or contact information appearing in records concerning National Flood Insurance Program; and (4) plaintiff was entitled to declaratory relief "because FEMA has repeatedly failed to comply with its express statutory requirements."

Summaries of all opinions issued since April 2015 available here.

Court opinion issued Nov. 29, 2017

O'Connor v. Office of Foreign Assets Control (E.D. Pa.) -- concluding that agency failed to adequately search for records concerning its procedures for granting licenses to conduct business in Cuba. 

Summaries of all opinions issued since April 2015 available here. 

Court opinion issued Nov. 28, 2017

Conley v. FBI (3rd Cir.) -- (1) affirming district court's decision that plaintiff was not entitled to fee waiver regarding records concerning himself; (2) affirming district court's decision that plaintiff failed to file a timely administrative appeal from one of FBI's responses; and (3) vacating and remanding district court's decision that FBI properly invoked Exemption 7(E) to withhold portion of law enforcement manual.  

Summaries of all opinions issued since April 2015 available here. 

Court opinions issued Nov. 21, 2017

Nat'l Pub. Radio v. FEMA (D.D.C.) -- ordering agency to release the names of individuals who sold property through agency's flood mitigation program, as well as the addresses and sales prices of those properties, after finding that the privacy interests at stake were outweighed by the public interest in knowing whether agency was a good steward of taxpayer dollars.

Nat'l Sec. Counselors v. CIA (D.D.C.) -- ruling that plaintiff was eligible and entitled to attorney's fees with respect to certain claims from three lawsuits (as well as all costs), but reducing award for time spent on unsuccessful claims and ordering plaintiff to recalculate hourly rates based upon different fee matrix.

Summaries of all opinions issued since April 2015 available here. 

Court opinion issued Nov. 20, 2017

Wallick v. Agric. Mktg. Serv. (D.D.C.) -- finding that:  (1) agency reasonably interpreted the scope of plaintiff's request to be limited to its original application for certification, as opposed to applications for recertification and related audits; (2) agency failed to demonstrate that it performed reasonable search for adequate records; and (3) agency improperly withheld disputed sentence pursuant to deliberative process privilege, and agency was precluded from withholding it as non-responsive.

Summaries of all opinions issued since April 2015 available here.