You are here

FOIA Cases

RSS
April 4, 2013
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.

April 2, 2013
FIA-13-0016 - In the Matter of Newport Partners, LLC

On April 2, 2013, the Office of Hearings and Appeals (OHA) issued a decision denying an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Golden Field Office. The Appellant appealed the GFO’s decision to withhold portions of the released documents pursuant to Exemptions 4 and 5. The OHA reviewed the document and determined that the evaluator’s comments concerning the weaknesses and strengths of proposals were protected from release under the deliberative process privilege under Exemption 5.

March 28, 2013
FIA-13-0017 - In the Matter of Partnership for Policy Integrity

On March 28, 2013, The Office of Hearings and Appeals (OHA) granted in part and denied in all other aspects an Appeal filed by Partnership for Policy Integrity (the Appellant) under the FOIA of two determinations issued by the DOE’s Loan Guarantee Program Office (LGPO). PPI’s request sought information concerning a loan guarantee application filed by a third party. On January 17, 2013, and on February 5, 2013, LGPO issued determination letters release a total of 80 documents to the Appellant. However, LGPO withheld portions of these documents under Exemptions 4 and 6.

March 26, 2013
FIA-13-0013 - In the Matter of Taras Lyssenko

On March 26, 2013, the Office of Hearings and Appeals (OHA) issued a decision denying an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Golden Field Office (GFO).  The Appellant appealed the GFO’s decision to apply Exemption 4 and withhold information pursuant to the trade secrets exemption in a document that it released to the Appellant.  OHA determined that the GFO sufficiently invoked the trade secrets exemption to the withheld material.  Thus, OHA denied the Appeal.

March 20, 2013
FIA-13-0010 - In the Matter of Citizens for Responsibility and Ethics in Washington

On March 20, 2013, the Office of Hearings and Appeals (OHA) issued a decision remanding an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Office of Fossil Energy (FE). The Appellant appealed the FE’s decision to withhold information in the released document pursuant to Exemption 5. The OHA concluded that the FE and the Office of Information Resources, which also redacted material in the released document, did not properly support their justifications for invoking Exemption 5, and accordingly the OHA remanded the Appeal to both Offices.

March 18, 2013
FIA-13-0009 - In the Matter of Sierra Club

On March 18, 2013, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Appeal filed by the Sierra Club (Appellant) of a determination issued by the Office of Information Resources (OIR). In its request, the Appellant asked for expedited processing. OIR denied the request for expedited processing. The Appellant challenged that denial. 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.

March 13, 2013
FIA-13-0008 - In the Matter of Michael J. Kelly

On March 13, 2013, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Appeal filed by Michael J. Kelly (Appellant) of a determination issued by the Environmental Management Consolidated Business Center (EMCBC).  The Appellant challenged the adequacy of EMCBC’s search for responsive documents.  OHA found that the requested documents were employment records and, therefore, contractor records.  Only agency records or information in the possession of the agency are subject to the FOIA.  Therefore, OHA denied the Appeal. 

February 25, 2013
TFC-0007 - In the Matter of Jeffrey T. Richelson

On February   , 2013, the Office of Hearings and Appeals issued a decision regarding an Appeal filed by Jeffrey T. Richelson from a determination issued by the National Nuclear Security Administration (NNSA) of the Department of Energy (DOE) under the Freedom of Information Act.  Mr. Richelson had requested specified chapters of a DOE report dating from 1981.

February 25, 2013
FIA-13-0004 - In the Matter of Torres Consulting & Law Group, LLC

On February 25, 2013, the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Appeal filed by the Torres Consulting & Law Group, LLC, (Appellant) of a determination issued by the Loan Guarantee Program Office (LGPO).  The Appellant challenged the withholding under Exemption 4 of the FOIA of the rate of pay and the total hours worked, both daily and weekly, from the released document.  OHA found that release of that information would cause substantial competitive harm to the submitters of the information, and therefore, it was pro

February 4, 2013
FIA-13-0003 - In the Matter the National Security Archive

On February 4, 2013, the Office of Hearings and Appeals (OHA) issued a decision denying an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Office of Intelligence and Counterintelligence.  Among other grounds for its appeal, the Appellant appealed the OIR’s decision to withhold portions of the released documents pursuant to Exemption 6.