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.)

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."