Pub. Employees for Envtl. Responsibility v. U.S. Department of Labor, No. 10-1706, 2014 WL 1123480 (D.D.C. Mar. 20, 2014) (Wilkins, J.)
Re: Request for documents provided by OSHA to GAO during the calendar year 2010 concerning whistleblower protection programs administered by OSHA
Disposition: Dismissing the action
- Litigation Considerations, "Reasonably Segregable" Requirements: The court finds that "the agency properly withheld the bulk of the document under the deliberate process privilege exemption." The court notes that "the bulk of the withheld document 'reflect[s the] agency's preliminary positions or ruminations about how to exercise discretion on some policy matter[s.]'" The court explains that "disclosing information regarding current policies may provide insight into how the agency contemplates addressing a particular problem." However, the court finds that "one portion of the document can be segregated and disclosed without impinging upon the deliberative process privilege." This section consists of a "question and the two responsive sentences [which] do not provide any insight into whether, or to what extent, the agency is contemplating making any changes regarding tracking the complaints at issue."