FOIA Advisor

Court opinions Mar. 1, 2024

Court Opinions (2024)Allan BlutsteinComment

Leopold v. DOJ (D.C. Cir.) -- reversing and remanding district court’s decision because neither the agency nor the lower court fully addressed whether the disclosure of information withheld from an independent monitor’s report under Exemption 8 met the statute’s foreseeable harm test.

Tobias v. U.S. Dep't of the Interior (D.D.C.) -- ruling that agency properly relied on Exemption 5’s deliberative process privilege to withhold internal agency communications concerning how to respond to arguments in a permit applicant’s white paper, and that the agency adequately demonstrated foreseeable harm.

Summaries of all published opinions issued in 2024 are available here. Earlier opinions are available here.