FOIA Advisor

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Court opinions issued April 28, 2015

Court Opinions (2015-16)Allan BlutsteinComment

W. Energy Alliance v. U.S. Fish & Wildlife Serv. (10th Cir.) -- Ruling that the district court did not abuse its discretion in  denying WEA's motion for attorneys fees and costs.  Although the district court found that the agency's reasons for delaying disclosure had no basis in law ("an internal processing error and an inopportune employee vacation"), that factor was outweighed by the district court's findings that the records benefitted WEA's dues-paying members, not the public -- findings that the Tenth Circuit held were not clearly erroneous.