FIA-24-0020 - In the Matter of David LaCerte

On April 18, 2024, the Office of Hearings and Appeals (OHA) denied a Freedom of Information (FOIA) appeal filed by David LaCerte (Appellant) from an interim response issued by the Department of Energy's (DOE) Office of Public Information. The Appellant submitted a FOIA request seeking data, studies, and correspondence, related to DOE's announcement pertaining to pending LNG export applications. The Appellant challenged the DOE's denial of his request for expedited processing. After reviewing the appeal, OHA concluded that, although DOE's announcement was the subject of media coverage, the Appellant did not establish that a failure to receive the requested records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual, or that there was an urgency to inform the public. Accordingly, the Appellant's appeal was denied. (OHA Case No. FIA-24-0020)