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FIA-13-0010 - In the Matter of Citizens for Responsibility and Ethics in Washington

On March 20, 2013, the Office of Hearings and Appeals (OHA) issued a decision remanding an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Office of Fossil Energy (FE). The Appellant appealed the FE’s decision to withhold information in the released document pursuant to Exemption 5. The OHA concluded that the FE and the Office of Information Resources, which also redacted material in the released document, did not properly support their justifications for invoking Exemption 5, and accordingly the OHA remanded the Appeal to both Offices.