FOIA Advisor

Court opinion issued Apr. 21, 2020

Court Opinions (2015-2023)Allan BlutsteinComment

Hall & Assoc. v. EPA (D.C. Cir.) -- reversing and remanding district court’s decision that EPA properly relied on Exemption 5’s deliberative process privilege to withhold records concerning a “nonacquiescence decision,” because the court erroneously resolved inferences about the predecisional nature of records against plaintiff instead of requiring EPA to conclusively demonstrate that the threshold was met.

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