FOIA Advisor

Court opinion issued Apr. 11, 2016

Court Opinions (2015-16)Allan BlutsteinComment

Animal Legal Def. Fund v. Food & Drug Admin. (9th Cir.) -- affirming district court's decision that the FDA properly invoked Exemption 4 to protect certain commercial information pertaining to egg-production farms in Texas.  In a per curiam concurring opinion, however, the panel recommended that the Ninth Circuit reconsider its use of a deferential standard of review "in cases such as this one -- where the factual inquiry on which the summary judgment turns is one that does not depend on a review of withheld information."  

Summaries of all opinions issued since April 2015 available here.