No. 19-547October Term 2019Decided Jul 8, 2021Updated May 24, 2026
United States Fish and Wildlife Ser v. v. Sierra Club
United States Fish and Wildlife Ser v. v. Sierra Club, Inc.
This case asked whether draft biological opinions prepared by the Fish and Wildlife Service and the National Marine Fisheries Service during consultation over an EPA rule had to be released under the Freedom of Information Act.
Case status
Decided 7-2 · July 8, 2021 · Opinion by Justice Barrett
Read the opinion (PDF)- Current stage
- Decided
- Latest event
- Decision released Jul 8, 2021
- What it's about
This case asked whether draft biological opinions prepared by the Fish and Wildlife Service and the National Marine Fisheries Service during consultation over an EPA rule had to be released under the Freedom of Information Act. The dispute centered on whether those draft opinions were protected as part of the agencies’ internal decisionmaking process, even though they reflected the agencies’ last views on an earlier version of the rule.
Question presented
Whether Exemption 5 of the Freedom of Information Act, 5 U.S.C. 552(b)(5) (2012), by incorporating the deliberative process privilege, protects against compelled disclosure a federal agency's draft documents that were prepared as part of a formal interagency consultation process under Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1536, and that concerned a proposed agency action that was later modified in the consultation process.
- Case path
United States Court of Appeals for the Ninth Circuit / Decision released Jul 8, 2021
- Area
Administrative Law
Timing
Decided July 8, 2021
The Court released its decision on July 8, 2021 without hearing oral argument.
Documents
Activity
Docket activity3
Brief added: Questions Presented
May 24, 2026 | Court records
Opinion added: opinion
Mar 4, 2021 | Court records
Brief added: Petition
Oct 25, 2019 | Court records
Related cases
Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Jul 25, 2026
- Method
- Methodology