Court opinion issued June 14, 2021

Kovalevich v. Bureau of Indian Affairs (D.D.C.) -- ruling that: (1) agency performed reasonable search for records pertaining to plaintiff’s arrest and properly withheld records pursuant to Exemption 7(C), issues that plaintiff conceded; (2) court lacked jurisdiction to consider plaintiff’s claims about agency’s fee practices, because agency released all records free of charge; (3) pro se plaintiff was not eligible for attorney’s fees and he failed to argue why he was eligible and entitled to recover his litigation costs.

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

Court opinion issued June 9, 2021

Odor v. USCIS (E.D. Mich.) -- concluding that agency performed reasonable search for plaintiff’s A-file, that agency’s Vaughn index was sufficient, and that in camera review of withheld records was unnecessary.

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

Court opinion issued June 7, 2021

Casillas-Prieto v. USMS (D.D.C.) -- ruling that legal visitation records concerning plaintiff’s confinement at agency contract facility were not agency records, and that USMS properly segregated non-responsive records that it voluntarily released.

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

Court opinions issued June 3, 2021

Ecological Rights Found. v. EPA (N.D. Cal.) -- after reviewing 30 sample documents in camera, deciding that: (1) EPA improperly relied on Exemption 5’s deliberative process privilege to withhold discussions regarding general personnel matters and hiring plans; records concerning early employee retirement and separation programs; and responses to oversight, investigatory, and media inquiries; (2) EPA demonstrated the applicability of the attorney-client privilege and presidential communications privilege, but the agency neglected to describe any foreseeable harm that would result from disclosure; (3) EPA improperly relied on Exemption 6 to withhold a reporter’s business phone number and the names of restaurants frequented by Administrator Pruitt; the agency properly relied on the exemption to withhold portions of employee resignation letters; and (4) EPA was required to review all remaining responsive documents in accordance with the court’s findings.

Emuwa v. DHS (D.D.C.) -- finding that DHS properly used Exemption 5’s deliberative process privilege to withhold the analyses of asylum officers concerning applications for asylum, consistent with a 2015 D.C. Circuit decision concerning the same type of documents.

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

Court opinions issued June 2, 2021

Advocates for the West v. Bonneville Power Admin. (D. Or.) -- granting partial summary judgment to plaintiff because agency violated statutory response deadlines, and ordering agency to release 5,000 responsive pages per month.

Judicial Watch v. U.S. Dep’t of State (D.D.C.) -- ruling that: (1) agency conducted adequate search for records concerning President Obama and Secretary Clinton after case was reopened due to the Secretary’s use of a private email server; and (2) plaintiff was precluded from re-raising issues that had been settled before case was reopened.

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

Court opinions issued June 1, 2021

Cause of Action Inst. v. DOJ (D.C. Cir.) -- reversing district court’s decision and concluding that: (1) DOJ improperly segmented one large electronic file into separate records and withheld portions as non-responsive; (2) plaintiff had standing to challenge agency’s practice and policy of segmenting records, but issue was unripe for adjudication.

Corley v. DOJ (D.C. Cir.) -- affirming district court’s decision that FBI properly withheld records concerning plaintiff’s trafficking and child pornography convictions pursuant to Exemption 3 in conjunction with the Child Victims’ and Child Witnesses’ Rights Act,” 18 U.S.C. § 3509.

Ecological Rights Found. v. EPA (D.D.C.) -- granting agency’s request for reconsideration of court’s decision that Exemption 7(C) did not protect names of agents tasked with providing protection to former EPA Administrator Andrew Wheeler as part of his Personnel Security Detail.

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

Court opinion issued May 28, 2021

Pitts v, DOJ (D.D.C.) -- ruling that Federal Bureau of Prisons was not required to create records indicating the cost of keeping plaintiff in its custody (data that BOP did not maintain), and that BOP fully discharged its FOIA obligation by releasing cost data related to the institution in which plaintiff is held.

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

Court opinions issued May 24, 2021

Scott v. IRS (S.D. Fla.) -- denying agency’s motion for reconsideration of court’s ruling that certain records were not properly withheld as “return information” pursuant to Exemption 3 and 26 U.S.C. § 6103(a); declining to consider agency’s new argument that disputed records were also protected under 26 U.S.C. § 6103(b)(2)(A).

Leopold v. DOJ (D.D.C.) -- denying government’s motion to consolidate three cases concerning records about the attack on the U.S Capitol on January 6, 2021, because the overlap in agencies and documents was limited and consolidation would not necessarily be more efficient.

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

Court opinion issued May 21, 2021

Porup v. CIA (D.C. Cir.) -- affirming district court’s decision that: (1) plaintiff’s “policy and practice” claim was moot because after plaintiff filed suit, CIA changed its policy of refusing to process requests seeking information related to conduct that CIA believes would be unlawful, and (2) CIA performed adequate search for certain operational files concerning use of poison for covert assassination, and it properly withheld records pursuant to Exemption 3 in conjunction with National Security Act of 1947.

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

Court opinion issued May 18, 2021

Blixseth v. FBI (D. Nev.) -- granting government’s motion to transfer venue to the District of Coulmbia despite plainitff’s residence in Nevada because plaintiff’s attorney is in D.C., plaintiff has at least one other FOIA action pending in D.C., and agency’s records and witnesses are in D.C.

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