FOIA Advisor

Court opinions issued Dec. 24, 2018

Court Opinions (2018)Allan BlutsteinComment

Sierra Club v. U.S. Fish & Wildlife Serv. (9th Cir.) -- on government’s appeal, affirming in part and reversing in part district court’s decision that government improperly relied on deliberative process privilege to withhold certain records generated during EPA rulemaking process concerning cooling water intake structures. A dissenting panelist noted that the Second Circuit had recently permitted the government to withhold similar records as deliberative.

Anguiano v. U.S. Immigration & Customs Enforcement (N.D. Cal.) -- on ICE’s renewed motion for summary judgment, finding that: (1) ICE’s supplemental search for records was adequate; (2) ICE improperly relied on Exemption 7(E) to withhold portion of handbook on "The Law of Arrest, Search and Seizure for Immigration Officers"; and (3) ICE properly withheld portions of its “Enforcement and Removal Operations” training manual.

Summaries of all published opinions issued since April 2015 are available here.