Supreme Court of the United States

United States Fish and Wildlife Serv. v. Sierra Club, Inc.

March 4, 2021592 U.S. 261

Summary

The Supreme Court held that the FOIA deliberative‑process privilege bars disclosure of the Services’ in‑house draft biological opinions because they are predecisional and deliberative, even though they represented the agencies’ last view on the EPA’s 2013 proposed rule. The Court reversed the Ninth Circuit and remanded for further proceedings consistent with that holding.