FOIA Advisor

Court opinions issued August 4 through August 6, 2015

Court Opinions (2015-16)Allan BlutsteinComment

August 6, 2015

Soto v. U.S. Dep't of State (D.D.C.) -- concluding that Exemption 3, in conjunction with 8 U.S.C. § 1202(f), protected information concerning issuance or denial of visas to enter United States, but deferring ruling on whether agency properly withheld information pertaining to revocation of a student visa; further determining that agency conducted a reasonable search for requested records. 

August 5, 2015

Envtl. Integrity Project v. Small Bus. Admin. (D.D.C.) -- determining that Office of Management and Budget properly withheld requested records under the deliberative process privilege, which was not precluded by Executive Order 12866; further finding that SBA failed to justify its withholdings under same privilege and ordering documents to be provided to court for in camera review.   

August 4, 2015

Richardson v. United States (D.D.C.) -- granting Executive Office for Unites States Attorneys' motion for renewed summary judgement after determining that agency had conducted an adequate search and properly withheld two documents pursuant to Exemption 7(C).

Elec. Privacy Info. Ctr. v. U.S. Dep't of Homeland Sec. (D.D.C.) -- ruling that DHS performed an adequate search and properly withheld certain information concerning a cyber-security pilot program pursuant to Exemptions 1, 3 (18 U.S.C. § 798 and 50 U.S.C. § 3605), 4, and 5 (attorney-client), but finding that agency had not supported its reliance upon Exemption 7(D).    

Summaries of all cases since April 2015 are available here.