SCOTUS Rules FOIA Exception Applies to Environmental Opinion
Constitutional Law Reporter
APRIL 8, 2021
Sierra Club, 592 U. S. _ (2021) , the U.S. Supreme Court held that the deliberative process privilege provides protection from disclosure under the Freedom of Information Act (FOIA) to in-house draft biological opinions that are both predecisional and deliberative, even if the drafts reflect the agencies’ last views about a proposal.
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