The U.S. Supreme Court has delivered a heavy blow to a major left-wing group.
In the 7–2 ruling, the justices sided with the U.S. Fish and Wildlife Service, thwarting the Sierra Club’s bid to obtain documents concerning a regulation finalized in 2014 relating to power plants.
“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 process privilege, attorney-client privilege, and attorney work-product privilege,” Supreme Court Justice Amy Coney Barrett wrote.
“This case concerns the deliberative process privilege, which protects from disclosure documents generated during an agency’s deliberations about a policy, as opposed to documents that embody or explain a policy that the agency adopts,” she continued.