First Foreseeable Harm Standard Court Decision

Just over a year ago, the FOIA was amended to make a foreseeable harm standard a right that a Court could review -- meaning that in justifying any withholding decision an agency must make a clear statement that it found a foreseeable harm in withholding the responsive material.

A District Court in Northern California is the first to issue a decision on this standard - the Court found that the agency failed to meet its obligation under the standard.  The Court also found that at this point in the litigation the exemption 5 material must be withheld.  The case can be found here.

Thanks to Friend of the Blog, Allan Blutstein for finding this decision.