You are here

FIA-13-0009 - In the Matter of Sierra Club

On March 18, 2013, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Appeal filed by the Sierra Club (Appellant) of a determination issued by the Office of Information Resources (OIR). In its request, the Appellant asked for expedited processing. OIR denied the request for expedited processing. The Appellant challenged that denial. The FOIA provides that expedited processing is to be offered only when the requester demonstrates a “compelling need,” or when otherwise determined by the agency. The Appellant contends that its FOIA request concerns a time-sensitive matter because the requested information is required to develop a full analysis of the NERA study. However, the Appellant noted in its request that comments regarding the study were due to DOE on February 25, 2013. With the closing of the comment period, we do not see this request as a matter of exigency to the American public to warrant expedited processing. Therefore, OHA denied the Appeal. OHA Case No. FIA-13-0009.