FOIA Advisor

Court opinions issued Aug. 25 & 26, 2016

Court Opinions (2015-16)Allan BlutsteinComment

Aug. 26, 2016

Gov't Accountability Project v. Food & Drug Admin. (D.D.C.) -- holding that Section 105 of the Animal Drug and User Fee Amendments of 2008 does not qualify as an Exemption 3 statute, and denying summary judgment to both parties with respect to whether disclosure of records concerning antimicrobial drugs sold and distributed in 2009 would likely cause harms protected by Exemption 4.  

Yunes v. U.S. Dep't of Justice (D.D.C.) -- ruling that the State Department adequately searched the embassy of the Dominican Republic for records concerning plaintiff's visa revocation, and that all of the FBI's withholdings were proper except for its application of Exemption 3 in conjunction with the Bank Secrecy Act to withhold a Financial Crimes Enforcement Network report.

Bartko v. U.S. Dep't of Justice (D.D.C.) -- finding that the Securities and Exchange Commission conducted an adequate search for records pertaining to plaintiff's criminal prosecution.  

Aug. 25, 2016

N.Y. Times Co. v. Nat'l Sec. Agency (S.D.N.Y.) -- determining that the NSA properly redacted information from two Inspector General reports pursuant to Exemption 1 and denying in camera review because the agency's declaration "articulated a reasonably detailed explanation for the redactions which was both logical and plausible."

Summaries of all opinions issued since April 2015 available here.