FOIA Advisor

Court opinions issued Sept. 11-12, 2017

Court Opinions (2017)Allan BlutsteinComment

Sept. 12, 2017

Gahagan v. U.S. Citizenship & Immigration Servs. (E.D. La.) -- holding that pro se attorney was ineligible for attorney's fees -- overruling magistrate judge's report and recommendation -- in light of U.S. Supreme Court's decision in Kay v. Ehrler, 499 U.S. 432, 438 (1991), but granting award for plaintiff's costs.   

Sept. 11, 2017

Climate Investigations Ctr. v. U.S. Dep't of Energy (D.D.C.) -- finding that: (1) agency failed to show that it adequately searched for records pertaining to "a power plant in Mississippi that uses 'clean coal' technology; (2) agency failed to show that its withholdings under deliberative process privilege were "predecisional" or that it properly relied upon attorney-client privilege; and (3) dispute about agency's Exemption 6 withholdings was moot because plaintiff possessed requested information via SEC filings.  

Summaries of all opinions issued since April 2015 available here