FOIA Advisor

Court opinions issued July 25, 2019

Court Opinions (2015-2023)Allan BlutsteinComment

Nat. Res. Def. Council v. EPA (S.D.N.Y.) -- holding that statute’s “foreseeable harm” standard “does impose an independent and meaningful burden on agencies” and rejecting “generic, across-the-board articulations of harm provided by the EPA as to a broad range of document types -- that "[r]elease of the withheld information would discourage open and frank discussion" and "have a chilling effect on the Agency's decision-making processes," -- does not sufficiently "explain how a particular Exemption 5 withholding would harm the agency's deliberative process."

Braun v. FBI (D.D.C.) -- finding that: (1) FBI and CIA performed adequate searches for records concerning plaintiff and his father; (2) FBI properly relied on Exemption 7(E) in refusing to confirm or deny whether plaintiff’s name appeared on any watch lists; and (3) CIA properly invoked Exemptions 1 and 3 in refusing to confirm or deny existence of responsive classified records.

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