Strunk v. United States Department of the Interior
752 F. Supp. 2d 39
D.D.C.2010Background
- Plaintiff, proceeding pro se, seeks records under FOIA from USDA's NASS in Sept 2009 for mailing addresses of New York farmers and historical demographics.
- USDA denied the request as unaggregated, citing FOIA Exemption 3 under 7 U.S.C. § 2276(a)(2) and withheld addresses.
- Plaintiff administratively appealed; NASS Administrator upheld the withholding under Exemption 3.
- Plaintiff filed suit seeking immediate production and seeking fees; DOI claim later treated as conceded for exhaustion purposes.
- Court addresses whether the withholding complies with FOIA and whether plaintiff substantially prevailed to warrant fees; grants summary judgment for defendants.
- Court concludes the data are protected and that the USDA complied with FOIA; the motion to dismiss in part and for summary judgment is granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Exemption 3 applies to the requested addresses | Strunk argues addresses should be disclosed despite confidentiality concerns. | 7 U.S.C. § 2276(a)(2) requires withholding unaggregated data to protect identity; no discretion to release. | Exemption 3 applies; addresses withheld. |
| Whether the request was properly exhausted against the DOI | Not applicable; challenge targeted USDA records. | DOI did not receive a FOIA request; exhaustion not satisfied. | DOI claim dismissed as conceded due to lack of exhaustion. |
| Whether the plaintiff substantially prevailed to warrant attorney’s fees | Requests fees for relief obtained through records disclosure. | Pro se plaintiff not eligible for fees and did not substantially prevail. | Fees denied; plaintiff did not prevail. |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (summary judgment standard; burden on movant)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (material fact and reasonable jury verdict standard)
- SafeCard Servs., Inc. v. Sec. & Exch. Comm'n, 926 F.2d 1197 (D.C.Cir.1991) (presumption of good faith for agency affidavits)
- Military Audit Project v. Casey, 656 F.2d 724 (D.C.Cir.1981) (detailed agency affidavits can justify withholding in FOIA)
- Hertzberg v. Veneman, 273 F. Supp. 2d 67 (D.D.C.2003) (FOIA exemptions; deference to agency with detailed affidavits)
- Goland v. Cent. Intelligence Agency, 607 F.2d 339 (D.C.Cir.1978) (Exemption 3 analysis focuses on statute and compelled withholding )
- Ass'n of Retired Roofers v. U.S. R.R. Ret. Bd., 830 F.2d 331 (D.C.Cir.1987) (interpretation of statutory exemptions in FOIA)