This week, we dive into four key developments impacting records officers, FOIA and FOIL staff, and those responsible for disclosure.

First, the New Mexico Supreme Court ruled in ACLU of New Mexico v. Corrections Department that agencies cannot withhold records based on internal policies. The authority to create exemptions lies with the Legislature, not agency manuals. This decision mandates a review of any withholdings based on internal policies.

Next, in Heritage Foundation v. DOJ, a federal court in Washington allowed the release of sensitive investigative records, despite objections, if re-redactions are justified. The court emphasized the public interest in understanding prosecutorial decisions, highlighting the importance of documenting re-redaction rationales.

In Wild Horse Education v. Department of the Interior, a Nevada federal court dismissed a FOIA claim as moot after the requested records were produced, despite delays. This case underscores the importance of completing production to resolve delay lawsuits.

Finally, the Supreme Court is considering Buckley v. DOJ, which challenges the assumption that records from law-enforcement agencies automatically meet Exemption 7's threshold. This case could impact how Exemption 7 withholdings are justified, emphasizing the need to demonstrate a law-enforcement purpose for each record.

Review these rulings and ensure your documentation and disclosure practices align with the latest legal standards. Until next week.