Ninth Circuit Adopts De Novo Standard of Review for FOIA Summary Judgment Motions | Practical Law

Ninth Circuit Adopts De Novo Standard of Review for FOIA Summary Judgment Motions | Practical Law

In Animal Legal Defense Fund v. US Food & Drug Administration, the US Court of Appeals for the Ninth Circuit, sitting en banc, joined numerous sister circuit courts in adopting a de novo standard of review for summary judgment motions in Freedom of Information Act (FOIA) cases.

Ninth Circuit Adopts De Novo Standard of Review for FOIA Summary Judgment Motions

Practical Law Legal Update w-003-3509 (Approx. 3 pages)

Ninth Circuit Adopts De Novo Standard of Review for FOIA Summary Judgment Motions

by Practical Law Litigation
Published on 06 Sep 2016 • USA (National/Federal)
In Animal Legal Defense Fund v. US Food & Drug Administration, the US Court of Appeals for the Ninth Circuit, sitting en banc, joined numerous sister circuit courts in adopting a de novo standard of review for summary judgment motions in Freedom of Information Act (FOIA) cases.
On September 2, 2016, in Animal Legal Defense Fund v. US Food & Drug Administration, the US Court of Appeals for the Ninth Circuit, sitting en banc, adopted a de novo standard of review for summary judgment motions in Freedom of Information Act (FOIA) cases. In doing so, it overruled its previous two-step standard of review test in FOIA summary judgment cases and joined the US Courts of Appeals for the First, Second, Sixth, Eighth, Tenth, and DC Circuits in using a de novo standard. ( (9th Cir. Sept. 2, 2016.))
Under its previous two-step test, the Ninth Circuit would review the district court's findings of fact for clear error, while reviewing legal rulings de novo. However, the Ninth Circuit found no clear reason to depart from a pure de novo standard because:
  • The previous two-step test creates an odd analysis. By definition, a district court grants summary judgment only when there are no disputed issues of material fact, so there should be no factual findings for appellate review.
  • FOIA established a philosophy of full agency disclosure, and in keeping with that philosophy, Congress explicitly provided for de novo review of FOIA cases to prevent reviewing courts from undermining agency discretion.
The Ninth Circuit therefore joined the First, Second, Sixth, Eighth, Tenth, and DC Circuits in adopting a pure de novo standard of review, and remanded the case to a three-judge panel to resolve the issues on the merits.