FOIA Advisor

Court opinions issued Mar. 15, 2019

Court Opinions (2019)Allan BlutsteinComment

People for the Ethical Treatment of Animals v. USDA (D.C. Cir.) -- (1) reversing district court’s decision that plaintiff had failed to challenge agency’s redactions on records re-posted to its website and remanding for adjudication on merits; (2) affirming district court’s mootness dismissal as to research reports, but remanding for further agency clarification as to agency’s plans to posting inspection reports and lists of entities licensed under Animal Welfare Act.

Highland Capital Mgmt. v. IRS (N.D. Tex.) -- determining that: (1) IRS performed adequate search for records concerning Chief Counsel’s memorandum about agency’s audit of plaintiff; (2) 26 U.S.C. § 6110 was exclusive method for obtaining certain records sought by plaintiff; (3) IRS properly withheld records pursuant to Exemption 3, in conjunction with 26 U.S.C. § 6103(a), as well as Exemption 7(A) and (4) IRS failed to provide sufficient information with respect to its Exemption 5 withholdings under the deliberative process and attorney-client privileges.

Campaign Legal Ctr. v. DOJ (D.D.C.) -- concluding that DOJ improperly relied on Exemption 6 to withhold names of individuals who were carbon copied on email that reached the Attorney General regarding formation of Presidential Advisory Commission on Election Integrity.

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