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FIA-13-0018 - In the Matter of Alliance to Protect Nantucket Sound

On April 4, 2013, the Office of Hearings and Appeals (OHA) issued a decision remanding in part an Appeal from a Freedom of Information Act (FOIA) determination issued by the Loan Programs Office (LPO). The Appellant appealed the LPO’s decision to withhold information in the released documents pursuant to Exemptions 2, 4, 5 and 6, claiming that the LPO’s determination letter inadequately justified its redactions. The Appellant also sought expedited processing of its Appeal, which the OHA denied, finding that there was no compelling need for expedited processing. The OHA concluded that the LPO properly invoked Exemption 6 as to withheld addresses and personal phone numbers, but did not properly support the majority of its justifications for invoking Exemption 5 and some of the Exemption 4 redactions. Moreover, the OHA remanded the Appeal because the LPO failed to provide an explanation in its determination letter for invoking Exemption 2. Accordingly the OHA remanded the Appeal in part the LPO for another determination concerning the Appellant’s FOIA Request.