Court opinions issued May 25, 2018

A Better Way for BPA v. U.S. Dep't of Energy (9th Cir.) -- reversing district court's decision that plaintiff did not have standing to file lawsuit because of "the submitted form’s unambiguous reference to A Better Way, confirming correspondence, and common sense." 

Physicians Comm. for Responsible Med. v. USDA (D.D.C.) -- concluding that requested records possessed by National Cattle Beef Association were not created, obtained, or controlled by agency and, thus, were not "agency records." 

Animal Legal Def. Fund v. USDA (N.D. Cal.) -- holding that expedited FOIA processing standard for "imminent threat to life or safety of an individual" excludes threats to animals -- in this case, a Siberian-Bengal tiger named "Tony."

Summaries of all opinions issued since April 2015 available here. 

Court opinions issued May 24, 2018

Grand Canyon Tr. v. Zinke (D.D.C.) -- denying plaintiff's motion for attorney's fees and costs in case involving the Federal Coal Program after finding that Office of Secretary and BLM "had begun processing the plaintiff’s request well before this lawsuit was initiated and that both agencies had even made partial releases to the plaintiff before the complaint was filed."

Sai v. TSA (D.D.C.) -- ruling that: (1) agency failed to prove that it could not have “readily” produced responsive records or legible copies of six pages; (2) agency failed to search four offices that were likely to maintain responsive records; (3) agency failed to show that it properly invoked Exemption 3 with respect to information that another requester received; (4) agency failed to demonstrate that certain information concerning agency employees was properly withheld under Exemption 6.

Summaries of all opinions issued since April 2015 available here. 

Court opinion issued May 23, 2018

Pinson v. DOJ (D.D.C.) -- granting summary judgment to Federal Bureau of Prisons on eight of ten requests; finding that BOP failed to justify use of Exemption 6 on four documents and Exemptions 7(E) and 7(F) on one document. 

Pinson v. DOJ (D.D.C.) -- denying government's unopposed renewed summary motion because Executive Office for United States Attorneys Office failed to show that it performed reasonable search in response to plaintiff's two requests for case files.  

Summaries of all opinions issued since April 2015 available here. 

Court opinions issued May 22, 2018

Elec. Privacy Info. Ctr. v. FBI (D.D.C.) -- ruling that FBI conducted adequate search for records concerning Russian interference in 2016 presidential election, and that it properly withheld non-segregable records under Exemptions 1, 3, and 7(A).

Hall & Assoc. v. EPA (D.D.C.) -- concluding that with few exceptions, EPA properly relied on Exemption 5 to withhold records concerning agency's non-acquiescence to 2013 Eighth Circuit decision about water treatment regulation; further, denying plaintiff's motion to strike, motion for discovery, and request for sanctions after finding that EPA did not act in bad faith before or during litigation.  

Summaries of all opinions issued since April 2015 available here. 

Court opinion issued May 21, 2018

Roble v. DOJ (D.D.C.) -- holding that Executive Office for United States Attorneys properly relied on Exemption 3 to withhold grand jury minutes pertaining to plaintiff's  criminal indictment.

Summaries of all opinions issued since April 2015 available here. 

Court opinion issued May 16, 2018

Hohman v. IRS (E.D. Mich.) -- denying plaintiff's motion for attorney's fees and costs after concluding that: (1)  agency diligently processed request and lawsuit did not cause release of records; and (2) court's order to IRS to "either make its disclosures by January 6th or attend a follow-up scheduling conference" was not a decision on the merits. 

Summaries of all opinions issued since April 2015 available here. 

Court opinion issued May 15, 2018

Kearns v. Fed. Aviation Admin. (D.D.C.) -- concluding that: (1) plaintiff failed to exhaust his administrative remedies regarding one request seeking records about his employment; (2) FAA properly withheld certain information from reports of investigation concerning plaintiff pursuant to Exemptions 5, 6, and (7(C), and that Privacy Act did not provide plaintiff with greater access to disputed records,

Summaries of all opinions issued since April 2015 available here. 

Court opinion issued May 14, 2018

Cornicopia Inst. v. Agric. Marketing Serv. (D.D.C.) -- concluding that agency performed reasonable search for records concerning five enforcement investigations and that all but three pages were properly withheld pursuant to Exemption 4 and 5 (attorney-client and deliberative process privileges).  

Summaries of all opinions issued since April 2015 available here. 

Court opinion issued May 8, 2018

Argus Leader Media v. USDA (8th Cir.) -- on appeal filed by private intervenor (not USDA) following bench trial, affirming district court's decision that contested Supplemental Nutrition Assistance Program data was not protected by Exemption 4.  

Summaries of all opinions issued since April 2015 available here. 

Court opinion issued May 7, 2018

Ibrahim v. U.S. Dep't of State (D.D.C.) -- holding that: (1) agency improperly relied on section 222(f) of Immigration and Naturalization Act, in conjunction with Exemption 3, to withhold plaintiff's Resettlement Application; (2) agency properly withheld USCIS's  Refugee Application Assessment under Exemptions 5 and 7(E), except for page containing final decision, which may be redacted under Exemptions 6 and 7(C); (3) agency properly withheld portions of USCIS's chronology under Exemptions 7(C) and 7(E), though not under Exemption 5; and (4) agency must release United Nations High Commissioner for Refugees document and USCIS's official assessment of plaintiffs's "Request for Reconsideration," subject to redactions under Exemptions 6 and 7(C). 

Summaries of all opinions issued since April 2015 available here.