FOIA Advisor

Court opinions issued Mar. 4, 7, & 9, 2016

Court Opinions (2015-16)Allan BlutsteinComment

March 9, 2016

Ladeairous v. U.S. Dep't of Justice (D.D.C.) -- finding that it was reasonable for FBI to search for records concerning plaintiff by searching agency's main and cross-reference files by plaintiff's name and social security number.

Lowery v. Hart (E.D. Cal.) -- denying plaintiff's motion to set aside 1998 court decision concerning plaintiff's request for photographs of a experimental Piper Tomahawk aircraft, which plaintiff now alleges were deliberately hidden by an NTSB air safety investigator. 

Orlansky v. Dep't of Justice (D.D.C.) -- holding that Executive Office for United States.Attorneys properly invoked Exemption 5 to withhold records concerning the recusal of a U.S. Attorney from certain cases; further holding that EOUSA was not required to answer plaintiff's questions about why such recusal was necessary. 

March 7, 2016

Citizens for Responsibility & Ethics in Wash. v. U.S. Dep't of Justice (D.D.C.) -- dismissing suit to compel DOJ to publish the legal opinions of the Office of Legal Counsel pursuant to section 552(a)(2) of FOIA, because plaintiff brought its suit under the Administrative Procedure Act instead of FOIA.   

Am. Ass'n of Women v. U.S. Dep't of Justice (D.D.C.) -- ruling that the FBI properly withheld records pertaining to the subject matter of a Los Angeles Times article pursuant to Exemptions 1, 3 , 6, 7(A), 7(C), 7(D), and (7)(E).  The court further ruled that plaintiff failed to establish that the FBI had officially acknowledged or disclosed the requested records.

March 4, 2016

Competitive Enter. Inst. v. U.S. Envtl. Prot. Agency (D.D.C.) -- denying without prejudice EPA's motion for summary judgment because EPA failed to demonstrate that it timely responded to plaintiff's administrative appeal before plaintiff filed suit; ordering EPA to provide a technical and complete explanation of the technology used to process plaintiff's appeal, including an explanation of how EPA received plaintiff's appeal only four days after plaintiff emailed it.   

Summaries of all opinions issued since April 2015 available here.