FOIA Advisor

FOIA News: EPA Moves To Sink Alaska Pebble Mine FOIA Suit

FOIA News (2015-2025)Kevin SchmidtComment

By Juan Carlos Rodriguez, Law360, April 20, 2015

The U.S. Environmental Protection Agency asked an Alaska federal judge Friday to toss a lawsuit accusing it of withholding documents related to its decision to stop what could be one of the largest copper mines in the country.

Plaintiff Pebble Limited Partnership is seeking the disclosure of records related to the potential mining project near Bristol Bay in Southwest Alaska. The EPA said it properly processed the Freedom of Information Act request and released all responsive records to Pebble except for some that fall under statutory exemptions.

Remainder of story here (subscription required)

FOIA News: Suit Seeks Docs on SG Apology; Dust-up over new FOIA exemption in cyber bill

FOIA News (2015-2025)Allan BlutsteinComment

Suit Seeks Docs on SG Apology

Feds admit 'mistakes' in high-court Indian cases.

Tony Mauro, The National Law Journal, April 20, 2015    

The video is grainy, the message is short, but the words were clear: then-acting Solicitor General Neal Katyal expressed regret for his predecessors' use of racist language in decades-old U.S. Supreme Court briefs filed in Native American cases.

"We in the solicitor general's office have made mistakes" in presenting Indian law cases to the Supreme Court, Katyal said in a speech taped for a 2011 conference. In a 1913 case, Katyal said the government's brief had argued that Indians needed protection from the ravages of alcohol abuse, and their susceptibility to alcoholism is "a racial, not a political fact."

*  *   *  

FOIA Lawsuit

The California Indian Law Association filed the Freedom of Information lawsuit in federal district court in Washington on April 10 seeking the disclosure of records about Katyal's statements, which were made for the Federal Bar Association's annual Indian law conference in April 2011.

Entire article here.

 

Dust-up over new FOIA Exemption in cyber bill

By Josh Gerstein, POLITICO, April 20, 2015

Cybersecurity legislation advancing in Congress could create the first brand-new exemption to the Freedom of Information Act in nearly half a century—a prospect that alarms transparency advocates and some lawmakers.

A bill approved by the Senate Intelligence Committee last month would add a new tenth exemption to FOIA, covering all "information shared with or provided to the Federal Government" under the new measure.

Another provision in the legislation would require that "cyber threat indicators and defensive measures" which companies or individuals share with the federal government be "withheld, without discretion, from the public." The Senate bill, which is expected to come to the floor soon, also seeks to shut off any access to that information under state or local freedom of information laws.

Remainder of story here.

FOIA News: Advisory Committee meeting, April 21, 2015

FOIA News (2015-2025)Allan BlutsteinComment

The Freedom of Information Act Advisory Committee will host a public meeting at the National Archives and Records Administration in Washington, D.C. on April 21, 2015, from 10 a.m. to 1:00 p.m.  The Committee's working groups will present updates on their progress concerning FOIA fees, oversight and accountability, and making information available to the public. 

If you wish to attend, you must register by 5:00 p.m. (EDT) on April 20, 2015.  The Committee's agenda, meeting materials, and registration procedures are available here.

Court opinions issued April 16, 2015

Court Opinions (2015-2024)Allan BlutsteinComment

Elkins v. FAA (D.D.C) -- Ruling that agency failed to describe its search for certain items of request about an aircraft reportedly conducting surveillance of plaintiff, but rejecting plaintiff’s contention that FAA should be required to locate and translate a code transmitted by aircraft in order to determine the plane’s ‘N’ number.  With respect to FAA’s withholdings under Exemption 7(E), the court held that FAA failed to show in its “laconic briefing” that voice recordings and flight tracking records, which are collected as a matter of course for all aircraft, were originally or subsequently compiled for a law enforcement purpose; however, a sealed declaration filed by FAA demonstrated that the identity of the law enforcement agency operating the aircraft was properly withheld.    

See complete case list for April 2015 here.

FOIA News: Online request portal "underwhelming"; State Dep't sued for Clinton's email policy

FOIA News (2015-2025)Allan BlutsteinComment

No Central Request Function In Planned US FOIA Portal

By freedominfo.org, April 16, 2015

The “FOIA Portal” being developed by the Obama administration is underwhelming, according to persons interviewed by FreedomInfo.org.

The portal will lack a key feature typically described as a “Consolidated Online Request Portal.” In particular, the yet unveiled portal will not provide a central place to file freedom of information requests. Nor will it track requests or display the results of requests.

Remainder of story here.

 

Info Sought on Clinton's Personal Email Policy

By Amanda Loviza-Vickery, Courthouse News Service, April 16, 2015

WASHINGTON (CN) - Just after announcing plans to run for president, Hillary Clinton was hit with a federal complaint over her decision to use only private email accounts and servers to do her work as U.S. Secretary of State.
Competitive Enterprise Institute, a D.C.-based public policy research and educational institute, says the State Department has failed to produce the documents it requested under the Freedom of Information Act regarding Clinton's admitted use of unofficial emails.

Remainder of story here

Copy of Complaint here.

FOIA News: Newspaper Association of America supports FOIA reform

FOIA News (2015-2025)Allan BlutsteinComment

Open Government: Improved FOIA laws crucial

The Rock River Times

April 15, 2015

By Caroline H. Little
President and CEO, Newspaper Association of America

President Obama has routinely promised greater transparency within the federal government. Now, Congress is making strides towards achieving this critical goal.

The House of Representatives and Senate are currently considering nearly identical bills to strengthen the Freedom of Information Act (FOIA), which provides the general public, including journalists, with access to federal government records

Remainder of article here.

Q&A: fees for news media

Q&A (2015-2025)Allan BlutsteinComment

Q.  Is a member of the news media required to pay FOIA fees?

A.  A requester who qualifies under FOIA as "representative of the news media" is responsible for paying duplication costs beyond the first 100 pages, which are free of charge.  The requester, however, may ask the agency to reduce or waive any duplication costs.  

For further information about fee categories and fee waivers, you may wish to read  this guidance from the Office of Government Information Services.             

Court opinions issued April 15, 2015

Court Opinions (2015-2024)Allan BlutsteinComment

Coss v. DOJ (D.D.C.) -- Rejecting FBI’s Glomar response where requester sought a notebook that had been entered into evidence in third party’s criminal trial and cited in publicly available court opinion.   “Refusing to acknowledge whether or not the notebooks exist borders on foolishness,” observed the court, which ordered the agency to conduct a search. 

  • Related coverage from Courthouse News here.   

Kuzman v. CIA (W.D.N.Y.) --  Holding that CIA performed an adequate search for records concerning plantiff's participation in a protest against CIA; the agency was not obligated to identify the employees who searched for records or when those searches were conducted.  The court also held that the CIA properly invoked a Glomar response pursuant to Exemptions 1 and 3 in response to the portion of plaintiff's request for all records pertaining to himself generally.    

  • See complete case list for April 2015 here.