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Center for Biological Diversity v. Office of Management and Budget

No. 1:25-cv-00165 District · Active


The Law · How the Case Works

Overview

Overview

The Center for Biological Diversity sued OMB to compel it to release records of its communications with the Department of Government Efficiency under the Freedom of Information Act.

The Issue

Issue

Whether OMB must disclose records of its communications with the Department of Government Efficiency under the Freedom of Information Act.

The Rules

Rule

FOIA requires agencies to disclose records upon request unless they fall within enumerated exemptions; exemption 5 (deliberative process privilege) protects predecisional communications and recommendations, while courts apply a presumption of disclosure and construe exemptions narrowly.

The Application

Analysis

The Center for Biological Diversity seeks OMB's communications with DOGE; OMB must determine whether these records constitute protected predecisional deliberations or instead constitute factual information that must be disclosed, with the agency bearing the burden of justifying any exemption claim.

The Conclusion

Conclusion

The case remains active before Judge Beryl A. Howell, with resolution dependent on whether OMB successfully establishes that the requested communications qualify for FOIA exemptions or must be released to the plaintiff.

CourtDistrict Court, District of Columbia
FiledJan 20, 2025
Judge Beryl A. Howell 44
CL Statusactive
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No circuit court data for this case.

No Supreme Court data for this case.

Federal Court TMR-7695ce55 <a href="https://www.lawfaremedia.org/article/trump-orders-establishment-of-the-department-of-government-efficiency"> DOGE</a> FOIA Jul 26, 2026
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