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Freedom of Information Act › US Fish and Wildlife Service

The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal... more +
The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version.  less -
Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege

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The federal courts have issued some significant environmental law rulings in the past few days. THE U.S. SUPREME COURT - U.S. Fish and Wildlife Service v. Sierra Club, Inc. On March 4, 2021, the court held that the...more

Snell & Wilmer

Supreme Court Issues Opinion Expanding the Scope of FOIA Exemption

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A common tactic by competitors is to seek adversaries’ (or even supply-chain partners’) data that is maintained by the United States, an individual state, or even municipal governmental agencies. These efforts are meant to...more

WilmerHale

U.S. Fish Wildlife Service v. Sierra Club: US Supreme Court Boosts Ability of Agencies to Withhold Draft Documents

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On March 4, 2021, the US Supreme Court held that draft biological opinions prepared by the US Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) were subject to the deliberative process privilege...more

Stinson LLP

Supreme Court Protects Drafts Under Deliberative Process Privilege

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Last week, in Justice Amy Coney Barrett’s first signed opinion, the U.S. Supreme Court expanded the deliberative process privilege under exception 5 of the Freedom of Information Act (FOIA), limiting litigants’ ability to...more

Dorsey & Whitney LLP

The Supreme Court – March 4, 2021

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Today, the Supreme Court of the United States issued the following two decisions: United States Fish and Wildlife Serv. v. Sierra Club, Inc., No. 19-547: The Sierra Club submitted Freedom of Information Act (“FOIA”)...more

Troutman Pepper

Supreme Court Sides with Agency on Deliberative Process Privilege

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Today, in U.S. Fish and Wildlife Service et al. v. Sierra Club Inc., Case No. 19-547, the United States Supreme Court struck down a Ninth Circuit Court of Appeals’ ruling that the federal government was required to turn over...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides United States Fish and Wildlife Service et al. v. Sierra Club, Inc.

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On March 4, 2021, the U.S. Supreme Court decided United States Fish and Wildlife Service et al. v. Sierra Club, Inc., holding that the deliberative process privilege exemption in the Freedom of Information Act (FOIA) protects...more

Nossaman LLP

Beetle Science Front and Center in New Lawsuit

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On September 4, 2018, the Center for Biological Diversity filed a lawsuit under the federal Freedom of Information Act against the U.S. Fish and Wildlife Service (Service). ...more

Kelley Drye & Warren LLP

D.C. Circuit Finds Information Relating to Primate Imports to Be Protected From Disclosure Under FOIA Exemption 4; Impact on Other...

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In People for the Ethical Treatment of Animals v. U.S. Department of Health and Human Services, Case No. 16-5269, released on Friday, August 17th, the D.C. Circuit rejected an appeal by PETA and upheld a lower district court...more

Kelley Drye & Warren LLP

Activist Groups Employ New FOIA Strategy in Seeking Confidential Information Relating to Business’ Imports/Exports of Animals and...

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Animal activist group plaintiffs have filed Freedom of Information Act requests seeking an enormous amount of data from the U.S. Fish and Wildlife Service relating to the import and export of wildlife specimens, and have sued...more

Davis Wright Tremaine LLP

Frogs, Water, and the Endangered Species Act in Oregon

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Oregon spotted frogs and their habitats are being harmed because of the way the U.S. Bureau of Reclamation (“BOR”) operates and maintains some reservoirs in the Upper Deschutes River Basin, so asserts the Center for...more

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