UNITED STATES FISH AND WILDLIFE SERVICE ET AL. v. SIERRA CLUB, INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
The United States Supreme Court has overturned the Ninth Circuit’s conclusion that the federal government was required to turn over the Draft Biological Opinion at issue under a Freedom of Information Act suit brought by the Sierra Club. The Court ruled that the document was exempt under the deliberative process privilege exemption of FOIA.
[To accompany Federal Case Law Update "Supreme Court Blocks Disclosure of Draft Biological Opinion" from Brooks Animal Law Digest Issue No. 75.]