US FISH AND WILDLIFE SERVICE v. SIERRA CLUB, INC.

No. 19-547.

141 S.Ct. 777 (2021)

592 U.S. 261

UNITED STATES FISH AND WILDLIFE SERVICE, et al., Petitioners, v. SIERRA CLUB, INC.

Supreme Court of United States.

Decided March 4, 2021.


Attorney(s) appearing for the Case

Sanjay Narayan , Elena Saxonhouse, Matthew Miller , Sierra Club Environmental Law Program, Oakland, CA, Scott L. Nelson , Public Citizen Litigation Group, Washington, DC, Reed Super , Super Law Group, LLC, New York, NY, for Respondent.

Noel J. Francisco , Solicitor General Counsel of Record, Joseph H. Hunt , Jeffrey Bossert Clark , Assistant Attorneys General, Edwin S. Kneedler , Deputy Solicitor General, Michael R. Huston , Assistant to the Solicitor General, H. Thomas Byron III , Thomas Pulham , Attorneys, Department of Justice, Washington, DC, for Petitioners.

Jeffrey B. Wall , Acting Solicitor General, Counsel of Record, Department of Justice, Washington, DC, for Petitioners.


The Freedom of Information Act (FOIA) requires that federal agencies make records available to the public upon request, unless those records fall within one of nine exemptions. Exemption 5 incorporates the privileges available to Government agencies in civil litigation, such as the deliberative...

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