FIA-23-0025 - In the Matter of Epoch Times

On August 4, 2023, the Office of Hearings and Appeals (OHA) granted in part the Freedom of Information (FOIA) Appeal filed by the Epoch Times (Appellant) from a determination letter issued by the Department of Energy's (DOE) Office of Public Information (OPI). On appeal, the Appellant challenged the redaction of responsive documents pursuant to Exemption 6. The Appellant also challenged whether certain redacted information was reasonably segregable. After reviewing the responsive documents, we found that the redactions made pursuant to Exemption 6 were appropriate, but OPI had failed to segregate some nonexempt information. Therefore, we remand to OPI, which shall review the documents for nonexempt information that is reasonably segregable and release it.  OHA Case No. FIA-23-0025.