Ecological Rights Found. v. EPA (N.D. Cal.) -- after reviewing 30 sample documents in camera, deciding that: (1) EPA improperly relied on Exemption 5’s deliberative process privilege to withhold discussions regarding general personnel matters and hiring plans; records concerning early employee retirement and separation programs; and responses to oversight, investigatory, and media inquiries; (2) EPA demonstrated the applicability of the attorney-client privilege and presidential communications privilege, but the agency neglected to describe any foreseeable harm that would result from disclosure; (3) EPA improperly relied on Exemption 6 to withhold a reporter’s business phone number and the names of restaurants frequented by Administrator Pruitt; the agency properly relied on the exemption to withhold portions of employee resignation letters; and (4) EPA was required to review all remaining responsive documents in accordance with the court’s findings.
Emuwa v. DHS (D.D.C.) -- finding that DHS properly used Exemption 5’s deliberative process privilege to withhold the analyses of asylum officers concerning applications for asylum, consistent with a 2015 D.C. Circuit decision concerning the same type of documents.
Summaries of all published opinions issued since April 2015 are available here.