25 F. Supp. 3d 131
D.D.C.2014Background
- Navy contracted renewable energy with SunPower in fall 2011; dispute centers on FOIA request for contract-related documents.
- Plaintiff Judicial Watch requested records regarding the SunPower contract, communications, and related lobbying firm interactions.
- A Source Selection Authority (SSA) and a Source Selection Board (SSB) evaluated proposals and recommended SunPower; SSA ultimately entered the contract.
- Navy produced some documents, including a December 17, 2009 Business Clearance Memorandum with signatory pages, but redacted the signatories’ names.
- Plaintiff challenged the redactions; Navy moved for summary judgment arguing Exemptions 5 and 6; Plaintiff cross-moved for summary judgment; Court held issues premature and denied without prejudice to refiling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the signatories’ names are protected by Exemption 5. | Judicial Watch asserts Exemption 5 does not apply to names. | NAVFAC contends the signatories’ names are deliberative and predecisional. | Exemption 5 not applicable to the names. |
| Whether the signatories’ names are protected by Exemption 6. | Names should be disclosed; no substantial privacy interest. | Names constitute a substantial privacy interest. | Record insufficient to determine substantial privacy interest; denial without prejudice. |
| Whether Exemption 5 was properly raised belatedly. | Exemption 5 raised timely; should be considered. | Exemption 5 raised by declaration after initial motion; not properly before court. | Court addressed Exemption 5 as a precaution but allowed later refiling. |
Key Cases Cited
- Coastal States Gas Corp. v. U.S. Dep't of Energy, 617 F.2d 854 (D.C. Cir. 1980) (scope of Exemption 5 protections; narrowly construed privileges)
- NLRB v. Sears, Roebuck & Co., 421 U.S. 132 (U.S. 1975) (deliberative process privilege framework)
- U.S. Dep’t of State v. Wash. Post Co., 456 U.S. 595 (U.S. 1982) (interpretation of 'similar files' under Exemption 6)
- U.S. Dep’t of Justice v. Rose, 425 U.S. 352 (U.S. 1976) (deliberative process and privacy considerations in FOIA)