FOIA Advisor

Court opinion issued Feb. 12, 2024

Court Opinions (2024)Allan BlutsteinComment

Inst. for Energy Research v. FERC (D.D.C.) -- holding that: (1) FERC conducted an adequate search for calendars of two Commissioners; (2) with respect to FERC’s deliberative process privilege claims, the agency “failed to provide any details or explanation as to why each (or any) of the policy proposals, internal meetings, and external meetings redacted from the calendar concern predecisional material or what sort of “definable decision-making process” the agency aims to protect”; and (3) FERC properly withheld some records pursuant to Exemption 6, but it did not justify withholding the name of a lobbyist who met with a Commissioner or the names of “lower-level staff” on a categorical basis.

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