FOIA Appeal; granted; adequacy of search
Office of Hearings and Appeals
January 12, 2018On January 12, 2018 the Department of Energy’s (DOE) Office of Hearings and Appeals (OHA) granted a Freedom of Information Act (FOIA) Appeal filed by Greg Marlowe (Appellant) from a determination issued by the Office of Public Information (OPI). In his FOIA request, the Appellant sought certain documents associated with scientific work performed by Willard F. Libby in the 1940s. In its determination, OPI found that any responsive records would be in the possession of the U.S. Patent and Trademark Office. On Appeal, OHA reviewed the search that was conducted and found that it is possible that the requested records exist and are in DOE’s possession. Accordingly, OHA granted the Appeal and remanded the matter to OPI so that a new search could be performed. OHA Case No. FIA-18-0002