Bloomberg Law
March 2, 2020, 2:38 PMUpdated: March 2, 2020, 6:31 PM

Supreme Court to Review Endangered Species FOIA Case (1)

Ellen M. Gilmer
Ellen M. Gilmer

The Supreme Court is taking up the Trump administration’s legal quest to keep certain Endangered Species Act records from the public eye.

The justices agreed Monday to review a petition from two U.S. agencies trying to reverse a court order to release draft documents from a controversial species consultation process. The Freedom of Information Act case could have broad ramifications for agency disclosure in other contexts.

Government lawyers warned in their petition that allowing the order to stand would undermine a FOIA exemption that allows for “candid” communication between agencies during decision-making processes. But the Sierra Club, ...

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