FOIA Update: New Decisions

January 1, 1980

FOIA Update
Vol. I, No. 3
1980


New Decisions

GTE Sylvania, Inc. v. Consumers Union, 48 U.S.L.W. 4293 (Mar. 19, 1980) (withholding pursuant to an injunction against disclosure is not improper).

Crooker v. Pardon Attorney, 614 F.2d 825 (2d Cir. 1980) (records of the Pardon Attorney in the Justice Department are "agency records" even though his functions are to advise and assist the President).

Ryan v. Department of Justice, __F.2d __ (D.C. Cir. Jan. 7, 1980) ((b)(5), agency records, the application of internal deliberative privilege and of concept of "agency records" to documents that were externally generated and solicited by the agency).

Orion Research, Inc. v. Environmental Protection Agency, 615 F.2d 551 (1st Cir. 1980) ((b)(4), procurement documents, (b)(5), adequacy of agency affidavit, burden of proof).

Hoover v. U.S. Dept. of the Interior, 611 F.2d 1132 (5th Cir. 1980) (fee appraisal reports, (b)(5), discovery and FOIA compared).

Coastal States Gas Corp. v. Dept. of Energy, __ F.2d __ (D.C. Cir. Feb. 15, 1980) ((b)(5), facts may render legal opinions of government lawyers rulings rather than advice).

Murphy v. Department of the Army, 613 F.2d 1151 (D.C. Cir. 1979) (discretionary release, release to Congress, waiver of exemption). (See OILP letter to FTC of May 29, 1980, on this case.)

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