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Deliberative-process privilege

Buffalo Field Campaign v. United States Department of the Interior

A district court granted in part and denied in part cross-motions for summary judgment in a lawsuit seeking FOIA disclosure of records concerning Yellowstone National Park's policy on the size of its bison population. A nonprofit group...

Natural Resources Defense Council v. United States Environmental Protection Agency

The Second Circuit reversed a district court ruling that denied environmental groups' motion for summary judgment in a lawsuit seeking FOIA disclosure of an EPA computer model related to its rollback of greenhouse gas emission standards...

Center for Biological Diversity v. U.S. Army Corps of Engineers

A district court denied a motion for summary judgment against the U.S. Army Corps of Engineers and Customs and Border Protection for failure to disclose under FOIA information related to construction of a wall along the Mexican border....

Goodrich Corp. v. EPA

A district court granted in part and denied in part cross-motions for summary judgment in a company's Freedom of Information Act (FOIA) suit seeking to compel the production of two Environmental Protection Agency (EPA) documents about...

Missouri Coalition for the Env't Found. v. Corps of Eng'rs

The Eighth Circuit remanded a lower court decision dismissing an environmental group's Freedom of Information Act request for certain documents prepared in connection with the U.S. Army Corps of Engineers' (the Corps') Upper Mississippi...

Edmonds Inst. v. Department of the Interior

A district court held that the U.S. Department of the Interior need not release certain documents to a nonprofit group relating to the National Park Service's (NPS') proposal to enter into "benefits sharing" agreements with private...

Reilly v. EPA

A court holds that certain documents relating to the Clean Air Mercury Rule (CAMR) are not exempt from disclosure under the Freedom of Information Act (FOIA). The CAMR regulates mercury emissions from power plants nationwide. During the...

Judicial Watch v. Department of Energy

The court held that federal agencies may withhold from disclosure documents bearing upon the deliberative processes of the National Energy Policy Development Group (NEPDG) pursuant to the Freedom of Information Act (FOIA) Exemption 5....

Missouri v. Corps of Eng'rs

The court holds that an intraagency memorandum discussing the U.S. Army Corps of Engineers' proposal to protect the pallid sturgeon in Missouri is exempt from Freedom of Information Act (FOIA) disclosure under the deliberative process...

Maricopa Audubon Soc'y v. U.S. Forest Serv.

The court holds that exemption 5 of the Freedom of Information Act (FOIA) exempts the U.S. Forest Service from disclosing two documents relating to its investigation of the Southwestern Regional Forester's and Deputy Forester's...