FOIA Advisor

Court opinions issued Nov. 30 & Dec. 1, 2017

Court Opinions (2017)Allan BlutsteinComment

Dec. 1, 2017

Judicial Watch v. Nat'l Archives & Records Admin. (D.C. Cir.) -- affirming district court's decision that agency properly relied on Exemption 7(C) to withhold copies of any indictments against Hillary Clinton arising out of Independent Counsel's investigation.

Keeping Gov't Beholden v. DOJ (D.D.C.) -- denying plaintiff's request for expedited review under Federal Courts Civil Priorities Act, 28 U.S.C. § 1657, because plaintiff failed to show "manifest good cause." 

Nov. 30, 2017

Ecological Rights Found. v. Fed. Emergency Mgmt. Agency (N.D. Cal.) -- determining that: (1) agency properly used the date it began to search for documents as cut-off date; (2) agency failed to demonstrate propriety of its withholdings pursuant to deliberative process and attorney work-product privileges; notably, the court cited agency's statutory obligation to show reasonably foreseeable harm; (3) Exemption 6 did not protect names of individuals or contact information appearing in records concerning National Flood Insurance Program; and (4) plaintiff was entitled to declaratory relief "because FEMA has repeatedly failed to comply with its express statutory requirements."

Summaries of all opinions issued since April 2015 available here.