FOIA Advisor

Court opinions issued July 15, 2019

Court Opinions (2015-2023)Allan BlutsteinComment

Animal Welfare Inst. v. USDA (W.D.N.Y. ) -- concluding that: (1) plaintiff’s “reading room” claim regarding non-compliance records was sufficient to survive motion to dismiss; and (2) agency failed to show that transferring venue to District of Columbia was warranted.

Ctr. for Pub. Integrity v. Dep’t of Energy (D.D.C.) -- ordering parties to re-brief applicability of Exemption 4 to contractors’ nuclear testing site records in light of Supreme Court’s decision in Argus Leader, and to provide additional briefing on applicability of consultant corollary theory to withhold records pursuant to Exemption 5.

Ctr. for Popular Democracy v. Bd. of Governors of Fed. Reserve Sys. (E.D.N.Y.) -- ruling that agency failed to conduct adequate search for records concerning Board and Reserve Bank leadership, and upholding agency’s uncontested withholdings pursuant to Exemptions 5 and 6.

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