FOIA Advisor

FOIA News: 9th Circuit affirms that animals are not "individuals" under FOIA

FOIA News (2019)Allan BlutsteinComment

Animals Aren't "Individuals" for Freedom of Information Act Purposes

By Eugene Volkh, Volkh Conspiracy 8/13/2019

In yesterday's Ninth Circuit decision in Animal Legal Defense Fund v. U.S. Dep't of Agriculture, the ALDF had asked that a Freedom of Information Act request be expedited; the statute calls for such expedited processing when "failure to obtain requested records on an expedited basis … could reasonably be expected to pose an imminent threat to the life or physical safety of an individual." The request, though, had to do with the health of Tony the Tiger (no, not the Frosted Flakes one):

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