FOIA Advisor

Court opinions issued July 5, 2016

Court Opinions (2015-16)Allan BlutsteinComment

Competitive Enterprise Inst. v. Office of Sci. & Tech. Policy (D.C. Cir.) -- reversing district court's decision that agency was not required to search for requested records maintained in the private email account of agency's director.  In reaching its decision, the court explained that “an agency always acts through its employees and officials.  If one of them possesses what would otherwise be agency records, the records do not lose their agency character just because the official who possesses them takes them out the door or because he is the head of the agency.” 

Moon v. Fed. Bureau of Prisons (E.D. Mo.) -- dismissing suit because plaintiff failed to pay fees associated with his request, i.e., he failed to exhaust his administrative remedies.

Summaries of all opinions issued since April 2015 available here.