FOIA Advisor

Court opinions issued July 20, 2017

Court Opinions (2017)Allan BlutsteinComment

Seavey v. DOJ (D.D.C.) -- ordering FBI to process 102,000 pages of responsive records concerning Vietnam War at a rate of at least 2,850 pages per month, which exceeds agency's policy of processing 500 pages per month for voluminous requests. 

Huntington v. U.S. Dep't of Commerce (D.D.C.) -- determining that U.S. Patent and Trademark Office failed to perform an adequate search within one office for records concerning a confidential program, but that it properly withheld a disputed document pursuant to deliberative process privilege.

Smart-Tek Automated Servs. v. IRS (S.D. Cal.) -- ruling that: (1) IRS failed to demonstrate that it performed reasonable search for responsive records; (2) IRS properly withheld records pursuant to Exemptions 3 (in conjunction with 26 U.S.C. 6103(e)(7)), 5, 6, 7(A), and 7(D); (3) IRS failed to address whether records withheld under Exemption 7(E) revealed techniques unknown to public; and (4) judgment would be reserved as to Exemption 3 (in conjunction with 26 U.S.C. 6103(a)) and Exemption 7(C) until record was further developed.

Summaries of all opinions issued since April 2015 available here.