McKinley v. Board of Governors of the Federal Reserve System
849 F. Supp. 2d 47
D.D.C.2012Background
- McKinley filed two FOIA requests to the Board seeking records about the Board’s deliberations on systemic risk from AIG and Lehman in 2008-2010.
- Board conducted searches primarily in the Project Collect Repository, not FRBNY records, and determined responsive material existed.
- Board released 2,388 pages total: 1,133 AIG, 1,221 Lehman, with 575 full, 751 partial, 1,062 withheld.
- McKinley challenged search adequacy and the Board’s redactions/withholdings under Exemptions 4, 5, and 8, and questioned a public-domain waiver issue.
- Court granted the Board’s motions for partial summary judgment on all issues, concluding searches were adequate and exemptions properly invoked.
- Separate order to issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of the Board’s search | McKinley argues searches were incomplete, especially missing FRBNY records. | Board’s search of Project Collect was sufficient to uncover all relevant documents. | Yes; searches deemed adequately calculated to uncover relevant documents. |
| Exemption 4 applicability | Records contained commercial information that should be disclosed. | Withheld material fits Exemption 4 as confidential or proprietary. | Yes; records properly redacted/withheld under Exemption 4. |
| Exemption 5 applicability (deliberative process/attorney work product) | Much of the material is purely factual and should not be protected. | Material is predecisional/deliberative or protected work product/privilege. | Yes; 62 records properly withheld under Exemption 5 (with some overlap with attorney-client privilege). |
| Exemption 8 applicability | Some records from supervised entities should be disclosed; Exemption 8 overbroad. | Records contain examination/operating information from supervised entities; disclosure would harm supervisory relationships. | Yes; two records properly withheld under Exemption 8 (and one conceded). |
| Public-domain waiver of exemptions (FCIC publication) | FCIC publication of records waives FOIA exemptions. | Public release by FCIC did not constitute an official waiver; confidentiality persisted. | Yes; FCIC publication did not waive exemptions for the seventeen records. |
Key Cases Cited
- NLRB v. Robbins Tire & Rubber Co., 437 U.S. 214 (U.S. 1978) (FOIA purposes; informs balance between disclosure and confidentiality)
- FBI v. Abramson, 456 U.S. 615 (U.S. 1982) (Exemption scope; narrow construction of exemptions)
- Ctr. for National Sec. Studies v. DOJ, 331 F.3d 918 (D.C. Cir. 2003) (FOIA exemptions interpreted narrowly; burden on agency to justify withholdings)
- Oglesby v. U.S. Dept. of Army, 920 F.2d 57 (D.C. Cir. 1990) (Requirement of a reasonable search and adequate affidavits)
- Nation Magazine, Wash. Bureau v. U.S. Customs Serv., 71 F.3d 885 (D.C. Cir. 1995) (Need for detailed description of search scope and method in affidavits)
- Defenders of Wildlife v. U.S. Dep’t of Interior, I, 623 F. Supp. 2d 83 (D.D.C. 2009) (Presumption of good faith in agency affidavits; deference to search methodology)