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FOIA Cases

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May 25, 2016
FIA-16-0025 - In the Matter of the Rocky Mountain Peace and Justice Center

On April 25, 2016, OHA issued a decision denying a FOIA Appeal from a determination issued by the Office of Information Resources (OIR). In its determination, OIR denied expedited processing status to a FOIA request filed by the Rocky Mountain Peace and Justice Center (Appellant) for data relating to conditions at DOE’s Rocky Flats site around the time of the 2013 Colorado floods. In its Appeal, the Appellant challenged OIR’s expedited processing denial, contending that its request merited expedited treatment for public health reasons.

April 7, 2016
FIC-16-0002 - In the Matter of the National Security Archive

On April 7, 2016, OHA issued a decision granting in part a FOIA Appeal filed by the National Security Archive from a determination issued to it by the DOE’s National Nuclear Security Administration (NNSA).

April 4, 2016
FIA-16-0022 - In the Matter of Wynship Hillier

On April 4, 2016, OHA granted in part and denied in part a FOIA Appeal filed by Wynship Hillier from a determination issued by the DOE’s National Nuclear Security Administration (NNSA). In the Appeal, the Appellant challenged whether the website to which NNSA directed him contained the entire requested document. OHA found that NNSA properly directed the Appellant to the requested document in the public domain, but that it did not properly identify and justify withholding certain information from the responsive document. 

April 4, 2016
FIC-15-0005 - In the Matter of Alex Wellerstein

On April 4, 2016, OHA granted in part and denied in part a FOIA Appeal filed by Wynship Hillier from a determination issued by the DOE’s National Nuclear Security Administration (NNSA). In the Appeal, the Appellant challenged whether the website to which NNSA directed him contained the entire requested document. OHA found that NNSA properly directed the Appellant to the requested document in the public domain, but that it did not properly identify and justify withholding certain information from the responsive document. 

March 18, 2016
FIA-16-0021 - In the Matter of Wynship W. Hillier

On March 18, 2016, OHA denied a Freedom of Information Act Appeal filed by Wynship Hillier from a determination issued by the National Nuclear Security Administration (NNSA) of the Department of Energy.  In the Appeal, the Appellant challenged the adequacy of the search. OHA found, however, that NNSA had conducted a search reasonably calculated to uncover the materials sought by the Appellant.

March 9, 2016
FIA-16-0020 - In the Matter of the National Security Archive

On March 9, 2016, OHA granted in part a FOIA Appeal filed by the National Security Archive (Appellant) from a determination issued to it by the National Nuclear Security Administration (NNSA). In its determination, the NNSA withheld the entirety of a letter written by a former Director of the Los Alamos National Laboratory pursuant to Exemption 1 of the FOIA as well as the deliberative process privilege of Exemption 5.

February 16, 2016
FIA-16-0018 - In the Matter of Wayne C. Brunsilius, Sr.

On February 16, 2016, OHA denied a FOIA Appeal filed by Wayne C. Brunsilius, Sr.

February 5, 2016
FIA-16-0017 - In the Matter of Peter Shulman

On February 5, 2015, OHA denied a Freedom of Information Act Appeal filed by Peter Shulman from a determination issued by the DOE Office of Information Resources (OIR). In the Appeal, the Appellant challenged the withholding of a responsive document under FOIA Exemption 5. OHA found, however, that the withholding was appropriate.

January 11, 2016
FIA-15-0067 - In the Matter of Julie Reddick

On January 11, 2015, OHA granted in part and denied in part a FOIA Appeal filed by Julie Reddick from a determination issued by the DOE Office of Information Resources (OIR). In the Appeal, the Appellant challenged the redactions made in the responsive document under FOIA Exemption 4.  OHA found that the some of the redactions were inappropriate and remanded the document to OIR for a new determination.

December 22, 2015
FIA-15-0066 - In the Matter of Government Accountability Project

On December 22, 2015, OHA denied a FOIA Appeal filed by Government Accountability Project from a determination issued by the DOE Office of Inspector General (OIG). In the Appeal, the Appellant challenged the redactions made in the responsive documents. OHA found, however, that the redactions made pursuant FOIA Exemptions 5 and 6 were appropriate.