United States Eighth Circuit

In an action brought by an environmental group seeking disclosure of a number of documents from the U.S. Army Corps of Engineers pursuant to the Freedom of Information Act (FOIA), summary judgment for defendant-Corps is remanded for further proceedings where: 1) a Vaughn index was not inadequate on its face; 2) the Vaughn index was sufficient to establish that some of the information requested was, in fact, exempted by the deliberative process privilege; but 3) because the district court failed to analyze the segregability of the documents, it was not possible to conclude that the privilege applied to all 83 responsive documents in their entirety.

Appellate Information

• Decided 09/16/2008
• Published 09/16/2008

Judges

• ERICKSON, District Judge., Before COLLOTON and SHEPHERD, Circuit Judges, and ERICKSON, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Aryeh Kaplan (a supervised law student from Washington University), St. Louis, MO, argued (Edward J. Heisel, Interdisciplinary Environmental Clinic, Washington University, St. Louis, MO, on the brief), for appellant.


• For Appellees:
  
• Jane Rund, Asst. U.S. Atty., St. Louis, MO, argued, for appellee.