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U.S. Fish and Wildlife Service v. Sierra Club
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-547 | 9th Cir. | Nov 2, 2020 | Mar 4, 2021 | 7-2 | Barrett | OT 2020 |
Holding: The deliberative process privilege gives protection from disclosure under the Freedom of Information Act to in-house draft biological opinions that are both predecisional and deliberative, even if the drafts reflect the agencies’ last views about a proposal.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Barrett on March 4, 2021. Justice Breyer filed a dissenting opinion, in which Justice Sotomayor joined.
SCOTUSblog Coverage
- Court favors deliberative-process privilege protections over FOIA transparency goals (Alejandro Camacho and Melissa Kelly, March 6, 2021)
- In Barrett’s first majority opinion, court sides with government in FOIA dispute (James Romoser, March 4, 2021)
- Argument analysis: Court considers bright-line and case-specific standards for the Freedom of Information Act’s “deliberative process” privilege (Alejandro Camacho and Melissa Kelly, November 3, 2020)
- Case preview: Court will consider the scope of transparency under the Freedom of Information Act’s key “deliberative process” privilege (Alejandro Camacho and Melissa Kelly, October 30, 2020)
- Justices will hear argument in ACA case one week after Election Day (Amy Howe, August 19, 2020)
- More on today's orders (Amy Howe, March 2, 2020)
- Relist Watch Select (John Elwood, February 28, 2020)
- Petitions of the week (Andrew Hamm, November 22, 2019)
| Date | Proceedings and Orders |
|---|---|
| Aug 16 2019 | Application (19A185) to extend the time to file a petition for a writ of certiorari from August 28, 2019 to September 27, 2019, submitted to Justice Kagan. |
| Aug 19 2019 | Application (19A185) granted by Justice Kagan extending the time to file until September 27, 2019. |
| Sep 17 2019 | Application (19A185) to extend further the time from September 27, 2019 to October 25, 2019, submitted to Justice Kagan. |
| Sep 17 2019 | Application (19A185) granted by Justice Kagan extending the time to file until October 25, 2019. |
| Oct 25 2019 | Petition for a writ of certiorari filed. (Response due November 27, 2019) |
| Nov 01 2019 | Motion to extend the time to file a response from November 27, 2019 to January 6, 2020, submitted to The Clerk. |
| Nov 06 2019 | Motion to extend the time to file a response is granted and the time is extended to and including January 6, 2020. |
| Jan 06 2020 | Brief of respondent Sierra Club, Inc. in opposition filed. |
| Jan 22 2020 | DISTRIBUTED for Conference of 2/21/2020. |
| Jan 22 2020 | Reply of petitioners United States Fish and Wildlife Service,, et al. filed. (Distributed) |
| Feb 24 2020 | DISTRIBUTED for Conference of 2/28/2020. |
| Mar 02 2020 | Petition GRANTED. |
| Mar 13 2020 | Motion for an extension of time to file the briefs on the merits filed. |
| Mar 16 2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 18, 2020. The time to file respondent's brief on the merits is extended to and including July 20, 2020. |
| Apr 09 2020 | Motion for a further extension of time to file the briefs on the merits filed. |
| Apr 21 2020 | Motion to further extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is further extended to and including May 21, 2020. The time to file respondent's brief on the merits is further extended to and including July 27, 2020. |
| May 21 2020 | Brief of petitioners United States Fish and Wildlife Service, et al. filed. |
| May 21 2020 | Joint appendix filed. (Statement of costs filed) |
| Jun 02 2020 | Blanket Consent filed by Respondent, Sierra Club, Inc. |
| Jul 27 2020 | Brief of respondent Sierra Club, Inc. filed. |
| Jul 31 2020 | Brief amici curiae of Center for Biological Diversity and Defenders of Wildlife filed. |
| Aug 03 2020 | Brief amicus curiae of Electronic Privacy Information Center filed. |
| Aug 03 2020 | Brief amici curiae of American Forest Resource Council, et al. filed. |
| Aug 03 2020 | Brief amici curiae of Reporters Committee for Freedom of the Press and 28 Media Organizations filed. |
| Aug 03 2020 | Brief amici curiae of ACLU, et al. filed. |
| Aug 03 2020 | Brief amici curiae of Andrew Rosenberg, et al. filed. |
| Aug 19 2020 | SET FOR ARGUMENT on Monday, November 2, 2020. |
| Aug 26 2020 | Reply of petitioners United States Fish and Wildlife Service, et al. filed. |
| Aug 31 2020 | Record requested from the U.S.C.A. 9th Circuit. |
| Sep 02 2020 | CIRCULATED |
| Sep 03 2020 | Record from the U.S.C.A. is electronic and located on Pacer. |
| Sep 28 2020 | Sealed record material from USCA-9 received (electronic). |
| Nov 02 2020 | Argued. For petitioners: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Sanjay Narayan, Oakland, Cal. |
| Mar 04 2021 | Judgment REVERSED and case REMANDED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Breyer, J., filed a dissenting opinion, in which Sotomayor, J., joined. |
| Apr 05 2021 | JUDGMENT ISSUED. |
