Freeman v. Exec. Office of US Attorneys (D. Colo.) -- concluding that EOUSA properly relied on Exemption 3, in conjunction with Rule 6(e) of Federal Rules of Criminal Procedure, to withhold transcript of plaintiff’s cross examination before grand jury; noting that federal rule permitting witnesses the right to “review” their grand jury testimony is inapplicable to FOIA claims.
Pavement Coatings Tech. Council v. U.S. Geological Survey (D.D.C.) -- determining that agency properly relied on Exemption 5 (deliberative process privilege) to withhold various scientific research pertaining to coal tar sealants, and that agency properly relied on Exemption 6 to withhold identifying information about volunteers participating in agency’s study.
Tokar v. DOJ (D.D.C.) -- (1) declining to order briefing on plaintiff’s attorney fees and costs following DOJ’s mid-litigation decision to release emails previously withheld as “non-responsive”; (2) ruling that DOJ failed to establish that it properly invoked Exemptions 6 and 7(C) to withhold names of individual clients of corporate compliance monitors.
Summaries of all published opinions issued since April 2015 are available here.