FOIA Advisor

Court opinions issued Aug. 5, 2022

Court Opinions (2015-2023)Allan BlutsteinComment

Seife v. FDA (2nd Cir.) -- affirming district court’s decision that Exemption 4 protected portions of pharmaceutical company's successful application for accelerated approval of a drug. Of note, concluding that government met statute’s foreseeable harm provision, which the Court held, in the Exemption 4 context, required the government to address “the submitter's commercial or financial interests.”

Pub. Citizen v. USDA (D.D.C.) -- ruling that agency failed to submit any admissible evidence to support its claim that Exemption 4 protected records concerning the operations of certain meat- and poultry-processing facilities during the early months of the COVID-19.

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