FOIA Advisor

Court opinions issued Dec. 13, 2021

Court Opinions (2015-2023)Allan BlutsteinComment

WP Co, v. SBA (D.D.C.) -- following multiple rounds of summary judgment motions, ruling that: (1) SBA properly relied on Exemption 4 to withhold loan status information of Paycheck Protection Program recipients, noting that SBA had asked loan recipients about their customary treatment of such information and established that disclosure would meet foreseeable harm standard; and (2) SBA properly withheld employer identification numbers of businesses under Exemption 6, because agency could not reasonably segregate them from social security numbers of individual borrowers.

Villanueva v. DOJ (S.D. Fla.) -- ordering FBI to process 20,500 pages of withheld documents responsive to plaintiff’s June 2018 FOIA request at a rate of 5,125 pages per month, rejecting government’s proposed rate of 500 pages per month.

Keeping Gov't Beholden. v. DOJ (D.D.C.) -- finding that: (1) two of plaintiff’s requests to FBI did not reasonably describe the records sought because those records could not be located with a reasonable amount of effort; and (2) FBI properly invoked Exemption 5’s deliberative process privilege to withhold certain emails of former FBI Director and met statute’s foreseeable harm provision under standards set forth by D.C. Circuit.

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