FOIA Advisor

Court opinions issued Sept. 27, 2016

Court Opinions (2015-16)Allan BlutsteinComment

Burwell v. Exec. Office for U.S. Attorneys (D.D.C.) -- concluding that agency performed a reasonable search for grand jury records pertaining to plaintiff's criminal case and that it properly withheld the names of third parties pursuant to Exemption 7(C).   

Hall & Assocs. v. EPA (D.D.C.) -- denying plaintiff's motion for reconsideration with respect to adequacy of EPA's search because plaintiff "received the documents it originally sought, does not seek additional documents or searches, already stipulated to the adequacy of both of EPA's searches, and articulates no extraordinary or manifest injustice;" further denying plaintiff's motion for attorney fees after finding that the delayed production of documents was due to plaintiff's "intransigence." 

Am. Civil Liberties Union v. DOJ (S.D.N.Y.) -- ruling that: (1) DOJ conducted reasonable searches for certain policy records on warrantless surveillance; (2) with one exception,  the National Security Division properly withheld records under the attorney work product privilege; and (3) the Executive Office for U.S. Attorneys would be granted a further opportunity to justify its withholdings under the attorney work product privilege.

Summaries of all opinions issued since April 2015 available here.