FOIA Advisor

Court opinion issued Apr. 14, 2023

Court Opinions (2015-2023)Allan BlutsteinComment

Heritage Found. v. EPA (D.D.C.) -- denying plaintiffs’ motion for a preliminary injunction in connection with its request for expedited processing of its request for records concerning a freight-train derailment in East Palestine, Ohio; reasoning that although one of the plaintiffs appeared to qualify as a person primarily engaged in disseminating information, plaintiffs did not demonstrate that they were likely to succeed on the merits as to whether there was an “urgency to inform the public” or that plaintiffs would suffer “irreparable harm.”

Cunningham v. HUD (E.D. Pa.) -- dismissing with prejudice plaintiff’s FOIA claims against individual employees and for money damages, but permitting plaintiff to amend complaint that failed to allege that he had exhausted his administrative remedies.

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