869 F. Supp. 2d 123
D.D.C.2012Background
- Island Film filed FOIA suit against Treasury/OFAC for records about a $30,000 blocked Cuba-related transfer.
- Treasury produced some materials and a Vaughn index but redactions remained; Island Film challenged them.
- Treasury argued exemptions 2, 4, 5, 6, 7(C), 7(D), and 7(E) justified withholding.
- Court reviews adequacy of search, segregability, and the applicability of exemptions de novo.
- District court found search adequate, some exemptions supported, others (7D/7E and Exemption 2) insufficiently justified, and ordered supplementation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of search. | Island Film contends Canter declaration insufficient to prove search adequacy. | Treasury maintains six-division search with defined methods; declaration sufficient. | Search deemed adequate; issue resolved in Treasury's favor, with later supplementation not prejudicial. |
| Exemption 2 applicability to case tracking numbers. | Milner v. Navy limits Exemption 2; tracking numbers should be disclosed. | Low 2/High 2 distinction rejected by Milner; still argues withholding possible. | Exemption 2 withholding not justified; denial of summary judgment without prejudice for this issue. |
| Exemption 4 validity for license applications and related data. | Some disclosed material should not be withheld under Exemption 4. | License applications contain commercial/financial information; disclosure would harm future information collection and competitors. | Exemption 4 properly applied to the license applications; partial disclosure not required. |
| Exemption 5 and deliberative process privilege. | Redacted internal notes/drafts should be reviewable for segregability. | Redactions protect predecisional and deliberative materials; deference due. | Exemption 5 properly applied; records not required to be disclosed. |
| Exemptions 6/7(C) and 7(D)/7(E) sufficiency and segregability. | Names/addresses and confidential-source/ database printouts should be more expansively disclosed. | Privacy interests and investigation integrity justify withholding; some portions may be segregable. | Redactions under Exemptions 6/7(C) upheld; Exemptions 7(D) and 7(E) insufficiently supported; ordered supplementation and potential redaction review. |
Key Cases Cited
- Milner v. Dep’t of Navy, 131 S. Ct. 1259 (2011) (Milner rejects High 2 category; Low 2 applies to all 2 information)
- Nation Magazine, Wash. Bureau v. U.S. Customs Serv., 71 F.3d 885 (D.C. Cir. 1995) (liberal scope of FOIA search and disclosure requirements)
- Baker & Hostetler LLP v. U.S. Dep’t of Commerce, 473 F.3d 312 (D.C. Cir. 2006) (reasonableness of search methods; burden on agency to show adequacy)
- Mead Data Cent., Inc. v. U.S. Dep’t of the Air Force, 566 F.2d 242 (D.C. Cir. 1977) (requires detailed Vaughn index and segregability analysis)
- Landano v. U.S. Dep’t of Justice, 508 U.S. 165 (1993) (confidential source exemptions under Exemption 7(D))