FOIA News: Federal Maritime Commission issues final FOIA reg

The Federal Maritime Commission has updated its FOIA regulations to incorporate changes required by the FOIA Improvement Act of 2016, according to a notice scheduled to be published in the Federal Register on January 9, 2016. These final FOIA regulations are effective January 30, 2017.  

Court opinion issued Jan. 5, 2017

People for the Ethical Treatment Animals v. HHS (D.D.C.) -- on reconsideration of decision dated August 18, 2016, ruling that: (1) four categories of records that court previously held were protected under Exemption 4 for seven objecting animal importers were also exempt for three additional importers who had not been notified of FOIA requests prior to court's decision; and (2)  animal quantity and crate information was protected by Exemption 4, except with respect to two importers that failed to object to disclosure.  

Summaries of all opinions issued since April 2015 available here.

Court opinion issued Jan. 3, 2017

Ecological Rights Found. v. Fed. Emergency Mgmt. Agency (N.D. Cal.) — denying agency request to “clawback” three records previously produced to requester, despite inherent authority of court to order such return, because the documents in question were not protected by the deliberative process or attorney-client privileges.

Summaries of all opinions issued since April 2015 available here.

FOIA News: Groups Offer Support, Recommendations for "Release to One, Release to All"

Groups Offer Support, Recommendations for FOIA 'Release to One, Release to All' Draft Policy

By Jas Chana, National Coalition Against Censorship, Jan. 4, 2017

In December, the National Coalition Against Censorship co-signed a letter sent from OpenTheGovernment.org to the U.S. Department of Justice in support, and offering recommendations, for a draft of a Freedom of Information Act policy amendment that would require succesful FOIA requested information to be simultaneously released both to the requester and to the public via the internet.

The policy draft, titled "Release to One, Release to All", builds on President Obama's 2016 signing of the FOIA Improvement Act, a series of measures intended to streamline public access to government information.

Read more here.

FOIA News: Pentagon proposes new FOIA regulations

The Department of Defense published an interim final rule proposing new FOIA regulations in today's issue of the Federal Register.  This rule is the third in a line of attempts to change the agency's FOIA procedures and policies.  DoD previously proposed revisions in December 2007 and September 2014.  The new rule address public comments submitted in response to the last set of proposed regulations, but also introduces changes required by the OPEN Government Act of 2007 and the FOIA Improvement Act of 2016.  DoD has further decided to revise its regulations "so that, to the practical extent possible," they align with the Department of Justice's published Guidance for Agency FOIA Regulations and model regulation template.  Today's rule is effective immediately.  Comments must be received by March 6, 2017.

FOIA News: MuckRock on how to work towards a better FOIA in 2017

How we can all work towards a better FOIA in 2017

Our 2017 FOIA Resolutions for requesters, for agencies, and for all of us in the public records process

By Beryl Lipton, MuckRock, Jan. 4, 2017

But for the FOIA world and its warriors still awaiting the arrival of Estimated Completion Dates nationwide, the January 1 holiday is but another pause in the regularly-scheduled plod of processing.

While many are expecting the unexpected from the new year, the new presidency, and the new sense of an old America, MuckRock has some suggested resolutions for those on either side of the wait.

For Requesters

Be more clear, consistent, and kind

Read more here.

FOIA News: BuzzFeed News hires 'FOIA terrorist' Jason Leopold

BuzzFeed News hires 'FOIA terrorist' Jason Leopold from Vice News

By Benjamin Mullin, Poynter, Jan. 3, 2017

BuzzFeed's legal team has helped reporters pry more than 70,000 pages of documents from government agencies with FOIA requests.

That number is about to increase in a big way. On Tuesday, BuzzFeed News announced the hiring of investigative journalist Jason Leopold, who has made a living — and eked out tons of scoops — by deluging the federal government with Freedom of Information Act requests.

Leopold, who currently works for VICE News, is a self-styled "FOIA terrorist," and has the distinction of triggering a flood of stories after suing for Hillary Clinton's State Department emails. Leopold has brought more FOIA lawsuits by himself than any other news organization except The New York Times.

Read more here.

Court opinion issued Dec. 31, 2016

Liberman v. U.S. Dep't of Transp. (D.D.C.) -- ruling that online blog owned by for-profit company qualified as  "representative of the news media" and that its request was not made for commercial purposes.

Summaries of all opinions issued since April 2015 available here. 

FOIA News: DOJ & SIGAR propose amendments to FOIA regs

Both the Department of Justice and the Special Inspector for Afghanistan Reconstruction have proposed amendments to their FOIA regulations, according to notices that appear in today's Federal Register.  

DOJ's amendments incorporate certain changes made to the FOIA by the FOIA Improvement Act of 2016. In addition, they amend certain provisions in the fee section to reflect developments in the case law and streamline the description of the factors to be considered when making fee waiver determinations.  DOJ will accept public comments until March 6. 2017.

SIGAR's amendments likewise incorporate changes required by the FOIA Improvement Act of 2016. SIGAR will accept public comments until February 3, 2017.

FOIA News: State Department releases more Clinton emails

State Department Releases New Hillary Clinton Emails

By Todd Beamon, Newsmax, Jan. 3, 2017

The State Department has released 371 of the 15,000 emails from Hillary Clinton's private email server it had uncovered in its investigation before the November election.

The documents, totaling 1,031 pages, were released Thursday, The Hill reported.

The emails are "near duplicates" of those Clinton turned over to the State Department in 2014, according to the report, and they have been made public by the agency.

According to the department, a "near duplicate" includes emails that are identical to those forwarded from the former secretary of state to aides — and they might, for example, contain the direction "Please print."

The documents are records of emails sent to or received by Clinton directly during her four years as the nation's top diplomat.

Read more here.