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FOIA News: SCOTUS to hear Exemption 5 case on Nov. 2

FOIA News (2015-2023)Allan BlutsteinComment

Supreme Court Sets Argument Date for Sierra Club FOIA Case

By Ellen Gilmer, Bloomberg Law, Aug. 19, 2020, 1:23 PM

The U.S. Supreme Court will hear oral arguments Nov. 2 in a closely watched dispute over Endangered Species Act documents.

The court released the November schedule Wednesday, placing the case first for the month. The justices have a small environmental docket for the 2020 term so far, with just two cases on deck—though several more could be added.

  • At issue in the endangered species case is whether the Freedom of Information Act requires federal agencies to hand over certain internal records that are labeled “drafts.” The dispute stems from a lower court order that said the U.S. Fish and Wildlife...

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