Project Democracy Project, Inc. v. U.S. Department of Energy

The federal district court for the District of Columbia found that the U.S. Department of Energy (DOE) had not conducted an adequate search in response to Protect Democracy Project’s Freedom of Information Act request for records created between November 9, 2016 and February 15, 2017 regarding Presidential Transition Team questionnaires about climate change, including communications between DOE employees and specified individuals, including Donald Trump, Rick Perry (now the Secretary of Energy), and various Trump aides and officials. The court concluded, however, that DOE had conducted an adequate search for records created during that period regarding personnel changes, assignments, and policies. The court also found that DOE properly invoked Exemption 6 (concerning personal privacy) to withhold information and, except for three sets of documents, had properly invoked Exemption 5 (the deliberative process privilege). The court withheld judgment on the issue of whether Exemption 5 had been properly invoked for the remaining three sets of documents, which included DOE’s response to the transition team’s questionnaire, documents relating to Secretary Perry’s security clearance, and documents released after Protect Democracy Project filed its cross-motion for summary judgment.

On April 27, 2017, the Protect Democracy Project, Inc. filed a lawsuit pursuant to the federal Freedom of Information Act (FOIA) asking the federal district court for the District of Columbia to order the U.S. Department of Energy (DOE) to search for and produce Trump administration transition team questionnaires regarding climate change. The plaintiff submitted a FOIA request for the documents on February 15, 2017. The request also sought records regarding personnel changes, assignments, and assignment policies at DOE.