United States Fish and Wildlife Service, et al. v. Sierra Club, Inc. (U.S. 19-547)
On August 3, 2020, the Clinic filed an amicus brief in the U.S. Supreme Court urging the Court to affirm a 9th Circuit decision in a case involving the application of the Freedom of Information Act (FOIA) to Biological Opinions prepared under Section 7 of the Endangered Species Act (ESA). The 9th Circuit rejected the argument of the U.S. Fish & Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) that the Biological Opinions are exempt from disclosure under the deliberative process privilege.