Case 1:12-cv-00127-BJR Document 40 Filed 03/04/15 Page 21 of 22
EPIC contends that the Court should review the withheld records in camera, because the
government’s secrecy limits EPIC’s “ability to provide a check on the government’s exemption
claims.” Pl.’s Cross-Mot at 25- 26.
While district courts have “the explicit authority to conduct in camera reviews of agency
files to determine the applicability of the claimed [FOIA] exemptions,” the court should not
resort to an in camera review as a matter of course. Quinon v. Fed. Bureau of Investigation, 86
F.3d 1222, 1227-28 (D.C. Cir. 1996) (citing S. Conf. Rep. No. 1200, 93d Cong., 2d Sess. 9
(1974). However, an in camera review may be required “when agency affidavits in support of a
claim of exemption are insufficiently detailed or there is evidence of bad faith on the part of the
agency.” Armstrong v. Executive Office of the President, 97 F.3d 575, 578 (D.C. Cir. 1996)
(citing Quinon v. Federal Bureau of Investigation, 86 F.3d 1222, 1228 (D.C. Cir. 1996)).
Here, EPIC brings no allegation that Defendants acted in bad faith. Moreover, as
discussed above, the agencies’ public and ex parte declarations provide a sufficient basis to
determine that Exemption 7(A) applies to the responsive documents. See Hayden, 608 F.2d at
1386 (declining to conduct in camera review where agency had not displayed bad faith and had
provided sufficient declarations). Accordingly, the court, reminded that Congress intended that
the courts give agency declarations “substantial weight” in light of their law enforcement
expertise, declines to conduct an in camera review.
V. CONCLUSION
For the foregoing reasons, the court grants in part and denies in part Defendants’ motion
for summary judgment, and grants in part and denies in part Plaintiff’s motion for summary
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