FOIA Advisor

Court opinions issued Mar. 7-8, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Mar. 8, 2018

Clemente v. FBI (D.C. Cir.) -- denying appellant's petition for rehearing en banc.  Notably, Judge Kavanaugh stated in a concurring opinion that the Court’s "four-factor test for awarding attorney’s fees in FOIA cases is inconsistent with FOIA’s text and structure, and impermissibly favors some FOIA plaintiffs over other equally deserving FOIA plaintiffs.  In an appropriate case, I believe that the en banc Court should re-examine and jettison that four-factor test."

Walston v. DOD (D.D.C.) -- finding that government performed adequate search for records concerning plaintiff's complaint with DOD that her computer was hacked.

Mar. 7, 2018

Schoeffler v. USDA (D.Ariz.) -- concluding that agency failed to perform adequate search in response to one of four requests for records concerning Yarnell Hill Fire in Arizona.

Summaries of all opinions issued since April 2015 available here