FOIA Advisor

Court opinions issued Sept. 30, 2016

Court Opinions (2015-16)Allan BlutsteinComment

Cameranesi v. DOD (9th Cir.) -- determining that the names of foreign students at the Western Hemisphere Institute for Security Cooperation are protected by Exemption 6, reversing the decision of U.S. District Court of the Northern District of California.       

Byers v. U.S. Tax Court (D.D.C.) -- holding that the United States Tax Court is exempt from FOIA because it is a court, not an agency.

Carter v. USDA (W.D. Ark.) -- finding that plaintiff exhausted his administrative remedies with respect to one of three requests and referring matter back to U.S. Magistrate Judge for further proceedings. 

Landmark Legal Foundation v. Dep't of Justice (D.D.C.) -- ruling that plaintiff's request for records "evincing the use of" personal email accounts and other electronic communication and social media platforms to conduct government business was overly burdensome and not reasonably described; further dismissing plaintiff's claim concerning agency use of alias emails, because plaintiff failed to appeal the agency's initial response.

Pub. Emps. for Envtl. Responsibility v. EPA (D.D.C.) -- concluding that the agency properly withheld four documents pursuant to the attorney-client privilege and one document under Exemption 6, and that the agency failed to carry its burden with respect to its remaining Exemption 5 withholdings.

Pub. Emps. for Envtl. Responsibility v. EPA Office of the Inspector Gen. (D.D.C.) -- deciding that the EPA properly relied upon the attorney-client privilege to withhold memoranda, including factual findings, written by agency investigators to agency lawyers in order to secure legal advice regarding the criminal liability of an outside party.

Summaries of all opinions issued since April 2015 available here.