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Environmental Protection Agency (EPA) Privileged Communication Supreme Court of the United States

Snell & Wilmer

Supreme Court Issues Opinion Expanding the Scope of FOIA Exemption

Snell & Wilmer on

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

WilmerHale on

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

Stinson LLP on

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

Troutman Pepper

Supreme Court Sides with Agency on Deliberative Process Privilege

Troutman Pepper on

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.

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

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