19-547 FISH AND WILDLIFE SERVICE V. SIERRA CLUB, INC.
DECISION BELOW: 925 F.3d 1000
CERT. GRANTED 3/2/2020
Whether Exemption 5 of the Freedom of Information Act, 5 U.S.C. 552(b)(5)
(2012), by incorporating the deliberative process privilege, protects against compelled
disclosure a federal agency's draft documents that were prepared as part of a formal
interagency consultation process under Section 7 of the Endangered Species Act of
1973, 16 U.S.C. 1536, and that concerned a proposed agency action that was later
modified in the consultation process.
LOWER COURT CASE NUMBER: 17-16560