FOIA Advisor

Court opinions issued Aug. 30, 2019

Court Opinions (2019)Allan BlutsteinComment

Lamb v. Millennium Challenge Corp. (D.D.C.) -- determining that Dep’t of Defense did not provide sufficient information to permit court to uphold agency’s Exemption 7(D) redactions on two pages of plaintiff’s employment background investigation.

Pinson v. DOJ (D.D.C.) -- deciding that: (1) plaintiff was not entitled to reconsideration of court’s interlocutory order even if he did not receive DOJ’s motion for summary judgment; (2) Executive Office for United States Attorneys performed reasonable searches for records concerning three criminal cases'; and (3) following in camera review, Federal Bureau of Prisons properly withheld certain information pursuant to Exemption 7(F).

Nat. Res. Def. Council v. EPA (S.D.N.Y.) -- finding that: (1) EPA performed reasonable search for records about chemical office’s deputy assistant administrator; (2) EPA properly withheld certain documents pursuant to attorney-client privilege; (3) EPA properly relied on deliberative process privilege to withhold drafts of agency rules, formal guidance, scoping documents, issue papers, reports, and documents, but it improperly withheld certain “messaging,” briefing, and program documents. In reaching its decision, the court determined that EPA had satisfied the statute’s independent foreseeable harm standard.

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