FOIA Advisor

Court opinions issued Dec. 19 & 20, 2017

Court Opinions (2017)Allan BlutsteinComment

Dec. 20, 2017

Whitaker v. Dep't of Commerce (D. Vt.) -- concluding that: (1) First Responder Authority Network (FirstNet)is wholly exempt from FOIA pursuant to section 1426(d) of Title 47; (2) National Telecommunications & Information Administration and main Department of Commerce both properly declined to perform searches because they were likely to be futile; (3) Department did not have improper practice or policy of referring requests to FirstNet.  

Dec. 19, 2017

Am. Ctr. for Equitable Treatment v. OMB (D.D.C.) -- ruling that agency's search was inadequate because: (1) agency failed to sufficiently explain why it did not search for records requested prior to January 20, 2009, and  (2) agency failed to use certain commonly used terms as search terms.  

Summaries of all opinions issued since April 2015 available here.