FOIA Advisor

FOIA News: Posting records will not decrease requests, says OIP director

FOIA News (2015-2025)Allan BlutsteinComment

Justice Dept. fights uphill battle to improve FOIA disclosures

By David Thornton, Federal News Radio, Mar. 1, 2017

The Justice Department’s Office of Information Policy is constantly fighting an uphill battle to improve federal agencies’ responses to FOIA requests. Requests from the public rose by 19 percent in 2015, clearing 700,000 for the first time in history, with a total of 769,903 requests according to DoJ’s annual FOIA report published in March 2016.

While 2016’s numbers are expected in the near future, Melanie Pustay, director of the OIP, said that it was also a record-breaking year.

Read more here.

FOIA News: Enviros Settle FOIA Suit Over Groundwater Pollution Worries

FOIA News (2015-2025)Kevin SchmidtComment

Enviros Settle FOIA Suit Over Groundwater Pollution Worries

By Christine Powell, Law360, Feb. 28, 2017

An environmental group based on the Yakama Indian Reservation has settled a lawsuit against the Indian Health Service for failing to respond to records requests about groundwater nitrate pollution, according to a court document filed in Washington state federal court Monday.

Read more here. (Subscription)

FOIA News: Federal judge criticizes FBI for delays ahead of possible FOIA trial

FOIA News (2015-2025)Allan BlutsteinComment

U.S. judge cites ‘shameful’ FBI delays in making public 9/11 records

By Dan Christensen, FloridaBulldog.org, Mar. 1, 2017

A Miami federal judge Tuesday excoriated the FBI for what she called its “shameful” delays in making public certain records about the bureau’s 9/11 Review Commission.

“It is distressing to see the length to which a private citizen must go” to obtain records under the Freedom of Information Act [FOIA],” said U.S. District Judge Cecilia Altonaga. “It’s quite shocking frankly.”

At the same time, however, the judge gave the government two weeks to file a further summary judgment motion explaining why it believes the case brought by Florida Bulldog’s parent company should be dismissed. The ruling put off for now an unusual FOIA trial that had been scheduled to begin next week.

Read more here.

FOIA News: California legislature submits FOIA to DHS

FOIA News (2015-2025)Allan BlutsteinComment

California Demands Information About Immigration Raids

By Nick Cahill, Courthouse News Service, Feb. 28, 2017

California lawmakers on Monday demanded more information from federal immigration officials about a series of February deportation raids that fueled “confusion and fear” in the Golden State, home to an estimated 10 million immigrants.

Assembly Speaker Anthony Rendon and Senate President Pro Tem Kevin De Leon say they’ve received little information from Immigration and Customs Enforcement regarding deportation actions in California between Feb. 1 and Feb. 20.

The FOIA from the legislative leaders, who represent parts of Los Angeles County, seeks clarification about ICE policies on deportation activities near California schools, hospitals, courts and churches.

Read more here.

FOIA News: ICYMI, Gorsuch's DOJ Stint Target Of Watchdog's New FOIA Suit

FOIA News (2015-2025)Kevin SchmidtComment

Gorsuch's DOJ Stint Target Of Watchdog's New FOIA Suit

By Jimmy Hoover, Law360, Feb. 24, 2017

Watchdog group Fix the Court filed a Freedom of Information Act lawsuit in D.C. federal court Friday, demanding extensive records from U.S. Supreme Court nominee Neil Gorsuch’s tenure at the U.S. Department of Justice after it failed to respond to the group's months-old document request.

Read more here (Subscription).

Q&As: Simply yes or no

Q&A (2015-2025)Allan BlutsteinComment

Q.  Is information compiled by the "FARM SERVICE AGENCY (FSA)" of the United States Department of Agriculture available to the public through the FOIA?

A.  Yes.  Records controlled by the FAS are subject to FOIA.  Here is the agency's electronic request form.

 

Q.   Can I file a FOIA [in Virginia] to obtain records from a Property Management LLC?

A.   No.  The state statute does not apply to such private companies. 

 

Q.   If you are not a taxpayer of a government body [in Illinois], can you still ask for minutes and financials reports from a government body?

A.   Yes.  Anyone may submit a request for records maintained by a state or local agency in Illinois; residency is irrelevant.   A few States do have residency requirements -- for example, Tennessee, Virginia, Delaware, Alabama, and Arkansas -- but not Illinois.     

 

Q.  Can I make a Freedom of Information request to a non-profit organization [in Massachusetts] if they failed to provide a resolution to my complaint against my boss? The investigation is over, but I would like copies of the complete investigation because they did not give me any resolution and it's been since November 2016.

A.  No.  Freedom of information laws generally apply to governmental entities, not private entities like non-profit organizations.  For further information about the Massachusetts Public Records Law, here is guidance published by the Attorney General of Massachusetts.

 

Q.   If I request a calendar of a public official [in Illinois], am I entitled to the entire calendar or is the official allowed to redact the information in the calendar before releasing the information?

A.   Yes, the calendar of an elected state official may be redacted if a statutory exemption applies.  For further information, you may wish to browse the FOIA website of the Illinois Attorney General. 

FOIA News: Suspicious FOIA delay at USPTO

FOIA News (2015-2025)Ryan MulveyComment

Citing 'unusual circumstances' PTO delays responding to FOIA request on status of Michelle Lee

Gene Quinn, IP Watchdog, Feb. 24, 2017

On January 26, 2017, attorney Gary Shuster filed a Freedom of Information Act (FOIA) request (FOIA Request No. F-17-00099) with the United States Patent and Trademark Office (USPTO). The request was rather simple.  Generally speaking, Shuster was looking for information on the status of Michelle Lee.  More specifically, Shuster wanted information on who might be Director or Acting Director of the USPTO.

As you might guess, the USPTO continues to refuse to answer any questions — or FOIA requests — about Michelle Lee or whoever is currently running the Office.

Read more here.