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FOIA Cases

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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. 

December 10, 2015
FIA-15-0064 - In the Matter of Alex Wellerstein

On December 10, 2015, OHA issued a Decision and Order concerning a portion of a FOIA Appeal filed by Alex Wellerstein from a determination issued to him by the National Nuclear Security Administration. In his Appeal, Dr.

December 4, 2015
FIA-15-0065 - In the Matter of Greg Marlowe

On December 4, 2015, OHA granted a FOIA Appeal filed by Greg Marlowe from a determination issued to him by the DOE Office of Information Resources (OIR). In the Appeal, the Appellant challenged the redactions made in the responsive documents.  In considering the appeal, OHA found that the redactions made under FOIA Exemptions 5 and 6 were overbroad and, in some cases, improper. OHA remanded the responsive documents to OIR to reconsider the breadth of their use of these exemptions.

November 24, 2015
FIA-15-0056 - In the Matter of Alan Butler

On November 24, 2015, OHA denied a FOIA Appeal filed by Alan Butler of the Electronic Privacy Information Center from a determination issued to him by the DOE Office of Information Resources. In his Appeal, Mr. Butler challenged the OIR’s finding that the DOE had no documents responsive to its request for records “interpreting or addressing the collection, retention, dissemination, or sharing of electronic communications or metadata” under Executive Order 12333. Reviewing the scope of the DOE’s search for responsive records, OHA determined that a single responsive document existed: agency procedures adopted under that Executive Order, which are publicly available. While it found that OIR should have identified these procedures as responsive to Mr. Butler’s request, OHA found that the DOE’s search for responsive documents was otherwise reasonably calculated to uncover the sought materials. Therefore, OHA denied the Appeal.

November 17, 2015
FIA-15-0057 - In the Matter of Julie A. Reddick

On November 17, 2015, OHA denied a FOIA Appeal filed by Julie A. Reddick (Appellant) from a determination issued to her by the DOE Office of Information Resources (OIR). In the Appeal, the Appellant challenged OIR’s decision to withhold, pursuant to Exemptions 5 and 7(E) of the FOIA, a draft investigation report prepared on behalf of the Employee Concerns Program at DOE Headquarters. OHA found that Exemption 5 was applicable to the report because it was a draft document reflecting the opinions and observations of the author and was therefore both predecisional and deliberative.

November 12, 2015
FIA-15-0060 - In the Matter of R. James Valvo, III

On November 12, 2015, OHA issued a decision denying a FOIA appeal (Appeal) from a determination issued by the DOE’s Office of Information Resources (OIR). In the Appeal, Mr. Valvo (Appellant), challenged an OIR determination to withhold portions of documents relating to certain communications between White House and DOE staff. OIR provided the Appellant with five E-mail chains but withheld portions of the documents pursuant to Exemptions 5 and 6.

November 10, 2015
FIA-15-0058 - In the Matter of Bradley P. Jones

On November 10, 2015, OHA granted in part and denied in part a FOIA and Privacy Act Appeal filed by Bradley P. Jones from a determination issued to him by the DOE Office of the Inspector General (OIG). In the Appeal, the Appellant challenged the use of Exemptions 5, 6, 7(A), 7(C), and 7(D) and the adequacy of the search for responsive documents. OHA found that although the use of the exemptions was appropriate, in some instances, OIG inadvertently redacted words that should not have been withheld. OHA remanded these documents to OIG to make this correction.