FOIA Advisor

Court opinions issued Jan. 29, 2016

Court Opinions (2015-16)Allan BlutsteinComment

Rocky Mountain Wild v. U.S. Forest Serv. (D. Colo.) -- finding that: (1)  the agency mistakenly interpreted plaintiff's request as seeking external communications only and was required to search for internal communications; (2) the agency failed to perform an adequate search for the the external communications sought; (3) a portion of records withheld under Exemption 5 were justified, but that agency's Vaughn Index was insufficient with respect to other withheld records; (4) plaintiff conceded the agency's withholdings under Exemption 6; (5) plaintiff's allegations of agency bad faith and a  "pattern and practice" of violating FOIA were not justified by the record.  

Henderson v. U.S. Dep't of Justice (D.D.C.) -- determining that the Executive Office for United States Attorneys conducted an adequate search for certain records concerning plaintiff's criminal case and that it properly withheld identifying information about third parties pursuant to Exemptions 6 and 7(C).  

 Summaries of all opinions issued since April 2015 available here.