FIA-20-0043 - In the Matter of National Biodiesel Board

On September 18, 2020, the Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Appeal filed by the  National  Biodiesel  Board  from  an  interim  response issued by the Department of  Energy's  Office  of  Public  Information  (OPI).  On  Appeal, the Appellant challenged OPI's denial of the Appellant's request  for  expedited  processing. After review, OHA determined that the Appellant had failed to meet FOIA's " compelling need" standard for expedited processing. Specifically, OHA determined that the Appellant had not established that its request concerned a matter of current exigency to the American public, and the Appellant failed to show that the consequences of not providing expedited processing of its request would compromise a significant recognized interest.  OHA  Case No. FIA-20-0043.