Waterman v. IRS, No. 18-5037, 2019 U.S. App. LEXIS 3573 (D.C. Cir. Feb. 5, 2019) (per cuiram)

Waterman v. IRS, No. 18-5037, 2019 U.S. App. LEXIS 3573 (D.C. Cir. Feb. 5, 2019) (per cuiram)

Re:  Request for misconduct report concerning requester

Disposition:  Vacating district court's grant of government's motion for summary judgment; remanding case

• Litigation Considerations, "Reasonably Segregable" Requirements:  The Court of Appeals for the District of Columbia Circuit holds that "[b]ecause the 'district court approve[d] withholding without . . . a [segregablity] finding, remand is required.'"  The court finds that "[a] district court 'clearly errs when it approves the government's withholding of information under the FOIA without making an express finding on segregability.'"  The court relates that "[t]he district court's opinion granting summary judgment mentions segregability only once, and then only in a passing description of an IRS declaration."