Tag Archives: Deliberative Process Privilege

SCOTUS Opinion: Court Upholds Deliberative Process Privilege Against FOIA Claim

The Environmental Protection Agency consulted with two other government services to determine whether particular cooling water intake structures jeopardized aquatic wildlife. The services issued draft opinions that a particular rule would jeopardize certain species, which were never approved in final form. The EPA modified the rule, and the services issued a “no jeopardy” opinion. The Sierra Club sued under the ... Read More