FOIA Advisor

Court opinions issued Jan. 30, 2019

Court Opinions (2019)Allan BlutsteinComment

Friends of the Earth v. U.S. Army Corps of Eng'rs (W.D. Wash.) -- ordering agency to release biological evaluation prepared by consultant to British Petroleum (BP) after determining that: (1) “consultant corollary” doctrine of Exemption 5 was inapplicable because: (a) documents were not agency records (presumably referring to inter- and intra-agency communications threshold); and (b) BP and its consultant were not acting on behalf of agency; (2) deliberative process privilege was inapplicable because documents were not pre-decisional; and (3) agency waived any privilege by sharing document with BP.

Linder v. Exec. Officer for U.S. Attorneys (D.D.C.) -- ruling that EOUSA properly withheld grand jury testimony pursuant to Exemption 3 in conjunction with Rule 6(e) of the Federal Rules of Criminal Procedure.

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