Legal Opinion
Ctr. for Biological Diversity v. U.S. Envtl. Prot. Agency
Court of Appeals for the D.C. Circuit
Decided March 27, 2019No. Civil Action No. 16-175 (BAH)PublishedCited by 13 opinions
1Opinion of the Court
Having "demonstrate[d] beyond material doubt that its search was reasonably calculated to uncover all relevant documents," Ancient Coin , 641 F.3d at 514, EPA is entitled to summary judgment as to the adequacy of the search.
B. EPA's Withholdings Under Exemption 5
As noted, the parties dispute the withholding of 80 records, in whole or in part, under Exemption 5's deliberative process privilege, three of which records are email chains also partially withheld pursuant to the attorney-client privilege. See Def.'s 2d Reply at 22-24; Fifth EPA PIRIB Decl. ¶¶ 17-19.6 FOIA Exemption 5 *16protects from…
2Cases cited35 opinions
- Upjohn Co. v. United StatesSupreme Court of the United States · 1981
- Mead Data Central, Inc. v. United States Department of the Air ForceCourt of Appeals for the D.C. Circuit · 1977
- Coastal States Gas Corporation v. Department of EnergyCourt of Appeals for the D.C. Circuit · 1980
- Department of the Interior v. Klamath Water Users Protective Ass'nSupreme Court of the United States · 2001
- Sussman v. United States Marshals ServiceCourt of Appeals for the D.C. Circuit · 2007
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3Cited by13 opinions
- Advancement Project v. U.S. Department of Homeland SecurityDistrict Court, District of Columbia · 2021
- Brown v. Alaska Airlines IncDistrict Court, W.D. Washington · 2024
- Cause of Action Institute v. U.S. Department of Veterans AffairsDistrict Court, District of Columbia · 2021
- Center for Biological Diversity v. U.S. Fish and Wildlife ServiceDistrict Court, District of Columbia · 2021
- Climate Investigations Center v. United States Department of EnergyDistrict Court, District of Columbia · 2022
8 more not listed; retrieve them via the Exa API.