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FOIA Cases

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August 20, 2015
FIA-15-0046 - In the Matter of Cecil D. Andrus

On August 20, 2015, OHA denied a FOIA Appeal filed by former Idaho Governor Cecil D. Andrus from a determination issued to him by the DOE Office of Information Resources. In the Appeal, the Appellant challenged the use of FOIA Exemption 5 to withhold certain information from released documents. OHA found, however, that the use of Exemption 5 was appropriate. 

 

August 18, 2015
FIA-15-0044 - In the Matter of Mark Krebs

On August 18, 2015, OHA (OHA) denied a FOIA Appeal filed by Mark Krebs from a determination issued to him by the DOE Office of Information Resources. In the Appeal, the Appellant challenged the adequacy of the search for responsive documents. OHA found, however, that the search was reasonably calculated to uncover responsive documents and therefore denied the Appeal. 

August 7, 2015
FIA-15-0040 - In the Matter of Dan Zak

On August 7, 2015, OHA granted a FOIA Appeal filed by Dan Zak from a determination issued to him by the National Nuclear Security Administration (NNSA). In the Appeal, the Appellant challenged the withholding of certain video footage. OHA remanded the case back to NNSA for a determination that specifies what was being withheld, under which exemption it was being withheld, and why it was being withheld.

August 7, 2015
FIA-15-0041 - In the Matter of Annalee Grant

On August 7, 2015, OHA denied a FOIA Appeal filed by Annalee B. Grant from a determination issued to her by the DOE Office of Information Resources. In the Appeal, the Appellant challenged the use of FOIA Exemption 4 to withhold certain information from responsive documents. OHA found, however, that the use of Exemption 4 was appropriate. 

August 7, 2015
FIC-12-0003 - In the Matter of the National Security Archive

On August 7, 2015, OHA denied a FOIA Appeal filed by the National Security Archive of a determination issued by the Office of Intelligence and Counterintelligence (IN).  The National Security Archive filed a request for a specified document concerning Iraqi nuclear capability. In a September 18, 2012, determination, IN provided a copy of the responsive document, but withheld portions on the basis of Exemptions 1, 3, and 6, and the National Security Archive appealed that determination.  OHA issued a decision regarding the Exemption 6 withholdings on February 4, 2013 (OHA Case No.

July 31, 2015
PAA-15-0001 - In the Matter of Rolf E. Carlson, PhD

On July 31, 2015, OHA issued a decision denying a Privacy Act Appeal filed by Rolf E. Carlson, PhD from a determination issued to him by the DOE’s National Nuclear Security Administration (NNSA). In the Appeal, the Appellant challenged the denial of his request to amend or correct his Personnel Security File (PSF).

July 28, 2015
FIA-15-0035 - In the Matter of the Center for Public Integrity and Alexander Cohen

On July 28, 2015, OHA denied in part and remanded in part a FOIA Appeal filed by the Center for Public Integrity and Mr. Alexander Cohen (Appellants). The Appeal related to a FOIA request filed by the Appellants seeking records on an investigation by the Office of Inspector General (OIG) regarding allegations that officials at Sandia National Laboratories (Sandia) improperly sought to influence federal and Congressional officials to award the Sandia a non-competitive contract extension.

July 22, 2015
FIA-15-0037 - In the Matter of Greg Marlowe

On July 22, 2015, OHA issued a decision denying an Appeal from a FOIA determination issued by the Office of Information Resources (OIR). In the Appeal, Mr. Greg Marlowe (Appellant) challenged a determination by OIR not to waive any fees associated with processing his FOIA request and not to grant expedited processing status to the request.

June 15, 2015
FIA-15-0032 - In the Matter of Barbara McNeal Lloyd

On June 15, 2015, OHA denied a FOIA Appeal filed by Barbara McNeal Lloyd from a determination issued to her by the DOE Office of Information Resources. In the Appeal, the Appellant challenged the use of FOIA Exemption 6 to withhold certain information.  Upon review, however, OHA found that the use of Exemption 6 was appropriate. 

June 12, 2015
FIA-15-0028 - In the Matter of Greg Marlowe

On June 12, 2015, OHA issued a decision denying an Appeal from a FOIA determination issued by the National Nuclear Security Administration (NNSA). In the Appeal, Mr. Greg Marlowe challenged a determination by NNSA not to expedite the processing of his FOIA request. 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. OHA concluded that Mr. Marlowe did not demonstrate a compelling need, and therefore denied the Appeal.