Kalbers v. DOJ (9th Cir.) -- reversing district court’s decision that Volkswagen AG could not intervene as of right in FOIA lawsuit involving the company’s records and holding, in most relevant part, that the factor of delay “is measured from the date the proposed intervenor knew or should have known the parties would no longer adequately protect its interests” as opposed to the date when proposed intervenor learned of the FOIA lawsuit.
Kinnucan v. Nat'l Sec. Agency (W.D. Wash.) -- deciding that: (1) House Appropriations Committee report concerning 1967 attack on U.S. naval intelligence ship was not an “agency record” subject to FOIA, because “the Committee clearly indicated its intent to control the report by marking it ’Not for release unless and until authorized by the Committee’”; (2) CIA failed to carry its burden with respect to its withholdings under Exemptions 1 and 3, necessitating in camera review; and (3) despite age of records, CIA could retain its Exemption 6 withholdings because plaintiff failed to articulate any public interest in disclosure.
Summaries of all published opinions issued since April 2015 are available here.