Department of Justice Guide to the Freedom of Information Act
Fees and Fee Waivers
33
may be required to extract, synthesize, and effectively convey the information to the
public, and courts have taken that into account in making fee waiver determinations.
fee waiver"), subsequent opinion, No. 04-0814, 2006 WL 197462 (D.D.C. Jan. 25, 2006),
Citizens, 241 F. Supp. 2d at 1366 (stating that when applying fee waiver standard, it is
relevant to consider ability of requester to disseminate information), and Anderson, No. 93-
253, slip op. at 4 (W.D. Pa. May 11, 1995) (finding requester's inability to disseminate fatal
to fee waiver), with Forest Guardians, 416 F.3d at 1180 (finding requester's publication of
online newsletter and its intent to create interactive website using requested records,
"[a]mong other things," to be sufficient for dissemination purposes), Judicial Watch, 326
F.3d at 1314 (granting fee waiver where requester did not specifically state its intent to
disseminate requested information but had presented multiple ways in which it could
convey information to public), Carney, 19 F.3d at 814-15 (characterizing dissemination
requirement as ability to reach "a reasonably broad audience of persons interested in the
subject" and not need to "reach a broad cross-section of the public"), Friends of Oceano
Dunes v. Salazar, No. C-11-1476, 2011 WL 6748575, at *3 (N.D. Cal. Dec. 22, 2011) (finding
that non-profit organization satisfied dissemination requirement by highlighting its
"insight, guidance and [provision of] information on issues of import" and emphasizing how
disclosure "may impact recreational opportunities for its 28,000 members"), Clemente, 741
F. Supp. 2d at 76-77 (lauding plaintiff's ability to initiate "article about her FOIA request in a
very prominent national newspaper" as clear evidence of her ability to disseminate),
Manley, 2008 WL 4326448, at *6 (noting that requester must demonstrate ability to
"'disseminate the disclosed records to a reasonably broad audience of persons interested in
the subject'") (quoting Carney, 19 F.3d at 815), Consumers' Checkbook v. HHS, 502 F. Supp.
2d 79, 87-88 (D.D.C. 2007) (determining requester's dissemination plan adequate where
requester had broad base of subscribers for its publication, coverage of its press releases by
"numerous major media outlets," and ongoing relationship with local television station),
Cmty. Legal Servs., 405 F. Supp. 2d at 557 n.3 (noting that agency's demand for "detailed
numbers" with regard to requester's dissemination plan is not required by at least three
other courts), W. Watersheds Project v. Brown, 318 F. Supp. 2d 1036, 1040-41 (D. Idaho
2004) (concluding that requester had adequately demonstrated its intent and ability "to
reach a large audience" through multiple means including its regular newsletter, radio and
newspapers, website, presentations to diverse groups, and participation in conferences and
nationwide public events, and Eagle v. U.S. Dep't of Commerce, No. C-01-20591, 2003 WL
21402534, at *3, *5 (N.D. Cal. Apr. 28, 2003) (finding that educator-requester made
adequate showing of his ability to disseminate through his proposed distribution of
newsletter to Congress, through publication in academic journals, and through publication
on website).
See McClellan, 835 F.2d at 1286 (affirming fee waiver denial and observing that fee
waiver request gave no indication of requesters' ability to understand and process
information nor whether they intended to actually disseminate it); Friends of Oceano
Dunes, 2011 WL 6748575, at *5 (granting fee waiver and observing that requester hired an
attorney with "experience dealing with . . . critical habitat designations" and board members
have experience analyzing conservation programs); Perkins, 754 F. Supp. 2d, at 8 (denying
fee waiver and noting that although plaintiff had contacted university for assistance "he fails
to indicate that the [s]chool has agreed to assist him"); S. Utah Wilderness Alliance v. U.S.
Bureau of Land Mgmt., 402 F. Supp. 2d 82, 87 (D.D.C. 2005) (granting fee waiver and
finding that requester's past publication history in area of cultural resources, its recent