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FOIA Cases

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June 9, 2015
FIA-15-0030 - In the Matter of National Review

On June 9, 2015, OHA denied a FOIA Appeal filed by National Review from a determination issued to it by the DOE Office of Information Resources. In the Appeal, the Appellant challenged the denial of its request for expedited processing. OHA found, however, that the denial of expedited processing was appropriate. 

June 5, 2015
FIA-15-0029 - In the Matter of Environmental Defense Institute

On June 5, 2015, OHA denied a FOIA Appeal filed by Environmental Defense Institute from a determination issued to it by the DOE Idaho Operations Office (DOE-ID). In the Appeal, the Appellant challenged the adequacy of DOE-ID’s search for responsive documents.  OHA found, however, that DOE-ID had conducted an adequate search that was reasonably calculated to uncover responsive documents.

June 1, 2015
FIA-15-0026 - In the Matter of Russell Carollo

On June 1, 2015, OHA denied a FOIA Appeal filed by Mr. Russell Carollo from a determination issued to him by the Office of Headquarters Procurement Services (Procurement Services). In its determination, Procurement Services released four documents to Mr. Carollo in response to his request for records related to contracts involving Google, Inc. However, Procurement Services redacted portions of those documents pursuant to Exemption 5 of the FOIA. In his Appeal, Mr. Russell Carollo challenged Procurement Services’ application of Exemption 5.

May 26, 2015
FIA-15-0025 - In the Matter of Matthew Fox

On May 26, 2015, OHA issued a decision denying an FOIA appeal (Appeal) of a determination issued by the DOE’s Bonneville Power Administration (BPA).  The Appellant appealed BPA’s decision to withhold information pursuant to FOIA Exemptions 5 and 6, and he contested the adequacy of search for responsive records.  The BPA withheld information in the released documents pursuant to Exemption 5’s deliberative process privilege, stating that it contained “discussions with the legal department regarding various issues surrounding the contract with the Warm Springs Tribe,” which OHA agreed with wh

May 20, 2015
FIA-15-0024 - In the Matter of National Review

On May 20, 2015, OHA issued a decision denying an Appeal from a FOIA determination issued by the DOE Office of Information Resources (OIR). In the Appeal, National Review (Appellant) challenged a determination by the OIR not to expedite the processing of the Appellant’s 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 the Appellant did not demonstrate a compelling need, and therefore denied the Appeal.  

May 20, 2015
FIA-15-0023 - In the Matter of National Review

On May 20, 2015, OHA issued a decision denying an Appeal from a FOIA determination issued by the DOE Office of Information Resources (OIR). In the Appeal, National Review (Appellant) challenged a determination by the OIR not to expedite the processing of the Appellant’s 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 the Appellant did not demonstrate a compelling need, and therefore denied the Appeal.  

May 20, 2015
FIA-15-0021 - In the Matter of Mansoor Ghassem

On May 20, 2015, OHA denied a Freedom of Information Act Appeal (FOIA) filed by Mansoor Ghassem of a determination issued by the Federal Bureau of Investigation regarding information the FBI withheld after consultation with the DOE.  In his Appeal, Mr.

May 7, 2015
FIA-15-0022 - In the Matter of Citizen Action New Mexico

On May 7, 2015, OHA issued a decision denying an appeal from a FOIA determination issued by the National Nuclear Security Administration (NNSA). In the Appeal, Citizen Action New Mexico (CANM) challenged NNSA’s determination not to expedite the processing of the Appellant’s 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 the Appellant did not demonstrate a compelling need, and therefore denied the Appeal.

May 7, 2015
FIA-15-0019 - In the Matter of Shawn Hughes

On May 7, 2015, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied in part and remanded in part a Freedom of Information Act (FOIA) Appeal filed by Shawn Hughes (Appellant) of a determination issued to him by the National Nuclear Security Administration (NNSA). In the Appeal, the Appellant challenged the adequacy of the NNSA’s search for two requested records. The OHA found that the NNSA had conducted a search reasonably calculated to locate one of the records but that an additional search for the other record was required.

May 4, 2015
FIA-15-0017 - In the Matter of Shawn Hughes

On May 4, 2015, OHA remanded to the National Nuclear Security Administration a FOIA Appeal filed by Shawn Hughes (Appellant). In the Appeal, the Appellant challenged a determination by the NNSA that Sections 91 and 92 of the Atomic Energy Act, or 42 U.S.C.