United Sates
Deparmentof
Asrcuture
once of the Chiet
Infomation tice
1400 Independence
Avenue SW
Washington, DC
ans)
USDA
United States Dopartmant of Agricuture
August 1, 2014
Annie Weismann
1400 Eye St. NW
Suite 450
Washington, DC 20005
RE: Freedom of Information Act (FOIA) Request 2014-OCIO-01714-F
Final Response
VIA US. FIRST CLASS MAIL,
Dear Ms. Weismann:
This letter is the final response to your January 24, 2014, FOIA request
2014-0C10-01714- for:
1. Any and all records dating from January 1, 2012 to October 31, 2013
relating to the neonicotinoid class of pesticides and their relationship to
colony collapse disorder and the massive dic-off of honeybees.
Specitically, data provided to the USDA by pesticide manufacturers and
distributors Bayer CropScience, Syngenta, Monsanto, Atysta, Valent
USA, and Jansen as well as trade groups such as the National Com
Growers and the National Association of Wheat Growers, regarding
pending legislation or rulemakings dealing with the neonicotinoid
pesticides clothianidin and thiamethoxam.
2. Records that reflect any communications between any employee of the
USDA and any employee of the aforementioned pesticide companies and
trade groups regarding neonictinoids from January 1, 2012 to October 31,
2013.
3. Records that reflect any communications between any employee of the
USDA and any employee of the Environmental Protection Agency
tegarding neonicotinoids from January 1, 2012 to October 31, 2013.
4, Records that reflect any communications between any employee of the
USDA and any member of the U.S. Senate or House of Representatives
regarding regulation of the aforementioned pesticides from January 1,
2012 to October 31, 2013,
A search for responsive records was conducted at the Office of the Executive
Secretariat's (OES) Enterprise Correspondence Management Module (ECMM).
OES ensures that all Department officials are included in the correspondence
drafting and policy making process through a managed clearance and control
system. ECMM manages correspondence and other documents from initial
receipt through completion and archival storage. Correspondence includes
inquiries from the public, private, political, and internal sectors, from theAnnie Weismann
2014-OC10-01714-F
beginning of the inquiry up to and including the resolution and response back to
the originator. total of 266 pages of records were identified by the FOIA
Service Center as responsive to your request. From the ECMM system, thirty
(30) pages are being released to you in part pursuant to FOLA Exemption (b)(6).
‘The remaining 236 pages are being released to you in fll
Please note the FOIA Service Center determined that responsive material for
parts 1-3 of this request might also have been maintained by the Agricultural
Marketing Service (AMS), Agricultural Research Service (ARS), and Animal &
Plant Health Inspection Service (APHIS). This request was referred to AMS;
ARS; and APHIS for further review and processing.
A total of 1128 pages of records were identified by ARS as responsive to your
request. Forty (40) pages are being withheld in full pursuant to FOIA
Exemption (b)(5). ‘Twenty-two (22) pages are being withheld in part pursuant to
FOIA Exemption (b)(5). Forty-four (44) pages are being withheld in part
Pursuant to FOLA Exemption (b)(6). Ten (10) pages are being withheld in part
pursuant to FOLA Exemption (b)(5) and (b)(6). The remaining 1012 pages are
being released to you in full. No responsive records were found by AMS or
APHIS.
Inter-agency or Intra-Agency Communication
Exemption 5 U.S.C. $552(b)(5)
Exemption (b)(5) of the FOIA protects "inter-agency or intra-ageney
memorandums of letters which would not be available by law to a party
other than an ageney in litigation with the agency." As such, the privilege
“exempts those documents normally privileged in the civil discovery
context." NLRB v Sears Roebuck & Co., 421 U.S. 132, 150 (1975), The
exemption incorporates several of these privileges from discovery in
litigation, including the deliberative process privilege.
The Deliberative Process Privilege is one of the litigation privileges that
may be invoked under Exemption (b)(5) in order to protect the "decision
making processes of government agencies." Sears, 421 U.S. 132, 150; see
also Missouri ex rel. Shorr v, U.S, Amy Corps of Eng'ss, 147 F.3d 708,
710 (8th Cir. 1998). The deliberative process also protects pre-decisional
‘materials. Pre-decisional materials are those prepared to assist an agency
in arriving ata decision, and may include recommendations, dealt
documents, proposals, suggestions and other subjective documents which
‘may reflect the personal opinions of the writer rather than the policy of the
‘agency. From the responsive record set, the USDA is withholding
pre-decisional recommendations and proposalsAnnie Weismann
2014-OC10-01714-F
Personal Privacy Interests
Exemption 5 U.S.C. §552(b)(6)
FOIA Exemption (b)(6) permits the government to withhold information regarding
individuals when the disclosure of such information "would constitute a clearly
‘unwarranted invasion of personal privacy" and where such privacy interests
outweigh any public interest which would be advanced by the disclosure of their
Contact information. From the responsive records, USDA is withholding
personally identifying information such as home addresses, and personal telephone
numbers.
You have the right to appeal this determination. Any appeal must be made in
‘writing to the Assistant Secretary for Administration, USDA, 1400 Independence
Avenue, $.W., Whitten Bldg, 209-A, Washington, D.C. 20250-0103 and received
within 45 days from the date of this letter. Placing the phrase “FOIA APPEAL” on
the front of the envelope and in the subject heading of the letter facilitates the
processing of any appeal,
If you have any questions regarding your FOIA request, please contact the USDA
FOIA Service Center at USDAFOIA@ocio.usda.vov. Please use the reference
number 2014-OCIO-01714-F in any further correspondence with us on this matter.
Sincerel
Alexis Graves
Department FOIA Officer
Enclosures (1): Responsive Records 2014-OC10-01714-F