Barrett writes first majority opinion, in wildlife protection case

Published March 4, 2021 4:06pm ET



After a busy first four months on the Supreme Court, Justice Amy Coney Barrett on Thursday wrote her first majority opinion in a case involving the Environmental Protection Agency and Freedom of Information Act requirements.

Barrett’s opinion, which was joined by the court’s five other conservative members and Justice Elena Kagan, focused on a dispute over the EPA and other environmental agencies and the Sierra Club, an environmental organization seeking to view the agency’s consultations with the U.S. Fish and Wildlife Service. The court found that the government agencies were protected from FOIA inquires because of the “deliberative process privilege,” meaning that draft documents can be withheld from public view.

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