FOIA Exemption 5 survives U.S. Supreme Court scrutiny.

Earlier this year, the U.S. Supreme Court provided clarity on the contentious and heavily litigated deliberative process privilege of Exemption 5 of the Freedom of Information Act (FOIA). After Sierra Club sought to obtain the draft BiOps under FOIA, the Services withheld them pursuant to Exemption 5's deliberative process privilege, and Sierra Club sued. Sierra Club claimed that EPA's knowledge of the forthcoming draft "jeopardy" BiOps caused EPA to alter its proposed rule. [Extracted from the article]