43 C.F.R. § 2.23

When will the bureau deny a request or procedural benefits?

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(a) A bureau denies a request when it makes a decision that:

(1) A requested record is exempt, in full or in part;

(2) The request does not reasonably describe the records sought;

(3) A requested record does not exist, cannot be located, or is not in the bureau's possession and/or control; or

(4) A requested record is not readily reproducible in the form or format you seek.

(b) A bureau denies a procedural benefit only, and not access to the underlying records, when it makes a decision that:

(1) A fee waiver, or another fee-related issue, will not be granted; or

(2) Expedited processing will not be provided.

(c) The bureau must consult with the Office of the Solicitor before it denies a fee waiver request or withholds all or part of a requested record (unless the Office of the Solicitor has expressly preapproved such a withholding).

[77 FR 76902, Dec. 31, 2012, as amended at 81 FR 11129, Mar. 3, 2016; 84 FR 61828, Nov. 14, 2019]

Notes of Decisions

Cited in 3 cases, 2007–2010 · leading case: Taylor Energy Co. v. United States Dep't of the Interior, 734 F. Supp. 2d 112 (D.D.C. 2010).

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Taylor Energy Co. v. United States Dep't of the Interior, 734 F. Supp. 2d 112 (D.D.C. 2010). · cites it 11× “) Although the decision did not state that there was actually a FOIA request for the letters, it stated that as a result of Taylor’s failure to comply with FOIA regulation 43 C.F.R. § 2.23 (e), the agency would release the letters to BP in full after 10 business days (i.”

Nulankeyutmonen Nkihtaqmikon v. Bureau of Indian Affairs, 493 F. Supp. 2d 91 (D. Me. 2007). “See 43 C.F.R. § 2.23 (e). DOI applied the same analysis to two pages of documents created by Quoddy, LLC, giving it an opportunity to object to the disclosure.”

Taylor Energy Co. LLC v. United States Dep't of the Interior (D.D.C. 2010). · cites it 11× “) Although the decision did not state that there was actually a FOIA request for the letters, it stated that as a result of Taylor’s failure to comply with FOIA regulation 43 C.F.R. § 2.23 (e), the agency would release the letters to BP in full after 10 business days (i.”

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