FOIA Advisor

Court opinions issued July 17, 2015

Court Opinions (2015-16)Allan BlutsteinComment

Chiquita Brands Int'l v. Sec. & Exch. Comm'n & Nat'l Sec. Archive (D.C. Cir.) -- in "reverse-FOIA" case decided under Administrative Procedure Act, affirming district court's decision that disclosure of requested records would not deprive appellant of a fair trial within meaning of Exemption 7(B).    

Milner v. U.S. Dep't of Def. (W.D. Wash.) -- ruling that agency properly withheld records pursuant to Exemption 3 in conjunction with 10 U.S.C. § 130e (critical infrastructure security information); that agency failed to justify its withholding a compilation of "logistical data" under the deliberative process privilege; that Exemption 6 properly protected information concerning high-ranking employees, but agency failed to identify rank of one employee; and that agency improperly refused to search for responsive records that it alleged were previously produced to plaintiff in another proceeding.  

Summaries of all cases since April 2015 are available here.