On November 2, 2020, the Supreme Court heard oral arguments in U.S. Fish and Wildlife Service v. Sierra Club. This case addresses the scope of transparency under the Freedom of Information Act’s key “deliberative process” privilege. More specifically, oral argument addressed whether documents drafted as part of a statutorily required interagency consultation process between the U.S. Fish and Wildlife Service and National Marine Fisheries fall under exemption 5 of FOIA. This exemption grants that records that are “inter-agency or intra-agency memorandums or letters that would not be available by law to a party other than an agency in litigation with the agency” are protected from disclosure.
Joining us today to discuss this case’s oral argument are Nancie Marzulla and Damien Schiff. Ms. Marzulla is Partner at Marzulla Law, and Mr. Schiff is a Senior Attorney at the Pacific Legal Foundation.