On January 18, 2023, the Office of Hearings and Appeals (OHA) denied the Freedom of Information ( FOIA) Appeal filed by America First Legal Foundation (Appellant) from an interim response letter issued by the Department of Energy's (DOE) Office of Public Information (OPI). On Appeal, the Appellant argued that its request was entitled to expedited processing.

The Appellant argued that it had demonstrated compelling need in its FOIA request and, therefore, was entitled to expedited processing. While the Appellant's request met some of the factors necessary to be entitled to expedited processing, it did not identify a significant recognized interest that would be harmed if the OPI processed its request in the order it was received. Further, the Appellant is not "primarily engaged in disseminating information" as is required to be eligible for expedited processing on the basis of urgency to inform. Therefore, OPI's denial of expedited processing was appropriate. (OHA Case No. FIA-23-0007)