Union of Concerned Scientists v. United States Department of Energy, No. 20-1247 (D.C. Cir. 2021)Annotate this Case
The Union of Concerned Scientists sought review of a Department of Energy (DOE) rule concerning the designation of “critical electric infrastructure information,” 16 U.S.C. 824o-1(a)(3), exempted from FOIA disclosure and not to be “made available by any Federal, State, political subdivision or tribal authority pursuant to any Federal, State, political subdivision or tribal law requiring public disclosure of information or records.”
The Union, a national nonprofit organization consisting of scientists, engineers, analysts, and policy and communication experts who conduct “independent analyses,” argued that the rule exceeds the Department’s authority under section 215A of the Federal Power Act, is arbitrary and capricious, and was promulgated in violation of the notice and comment requirements of the Administrative Procedure Act. The D.C. Circuit dismissed the petition for lack of Article III standing. There is no indication that DOE’s rule would deprive the Union or its members of information they would receive if DOE were to apply a 2016 Rule promulgated by the Federal Energy Regulatory Commission.