FIA-18-0031 - In the Matter of Columbia Riverkeeper

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On September 5, 2018, the Office of Hearings and Appeals (OHA) denied a Freedom of Information Act (FOIA) Appeal   filed by Columbia Riverkeeper (Appellant) from a final determination issued by the Department of Energy's Office of Public Information (OPI). On Appeal, the Appellant alleged that OPI had been overbroad with its redactions; that OPI had not justified its use of the deliberative process privilege and confidential business information exemption to withhold information; and that OPI had failed to segregate non-exempt factual information as required by the FOIA. After review, OHA determined that OPI properly withheld the contents of that document under the deliberative process privilege of FOIA Exemption 5; that information withheld under Exemption 4 was confidential business information, the release of which could cause substantial competitive harm to the submitter; and that the factual information contained in the document was not reasonably segregable. OHA Case No. FIA-18-0031