FOIA News: Registration for 7/20 FOIA Advisory Committee Meeting

Register to Attend the July 20th FOIA Advisory Committee Meeting

Nat'l Archives & Records Admin., The FOIA Ombudsman, July 5, 2017

The Federal FOIA Advisory Committee will reconvene on Thursday, July 20th at 10:00 am in the William G. McGowan Theater to continue its work to develop consensus solutions to some of the greatest challenges to FOIA administration and processes. If you have comments to share with the Committee, or would like to join the live audience, please register today.

Read more here.

FOIA News: Judicial Watch Sues For Corps' Pipeline Convos With Enviros

Judicial Watch Sues For Corps' Pipeline Convos With Enviros

By Christine Powell, Law360, June 30, 2017

The conservative legal advocacy group Judicial Watch filed suit in D.C. federal court Thursday in pursuit of records of communications between the U.S. Army Corps of Engineers and environmental groups about Dakota Access LLC’s controversial $3.8 billion, 1,172-mile crude oil pipeline.

Judicial Watch targeted the U.S. Department of Defense, which is the Corps’ parent agency, alleging in a four-page complaint that it flouted the Freedom of Information Act by dragging its feet in responding to the group’s early May request for the records.

Read more here (subscription).

FOIA News: "FOIA Turns 51"

FOIA Turns 51: What Is It and Why Does It Matter?

Liz Hempowicz, Project on Gov't Oversight, July 4, 2017

Happy birthday to the Freedom of Information Act! Today the Act quietly turns 51, compared to last year’s celebration at the signing of the FOIA Improvement Act by then-President Obama. The FOIA Improvement Act included some great updates to the landmark access-to-information law, like improved requirements for agencies to proactively post documents online and a new standard of transparency.

Read more here.

Court opinions issued July 3, 2017

Polk v. FBI (9th Cir.) (unpublished opinion) -- summarily affirming district court's decision that agency conducted reasonable search and that plaintiff was not entitled to costs.

Rosiere v. United States (9th Cir.) (unpublished opinion) -- summarily affirming district court's decision to dismiss case for improper venue.

Summaries of all opinions issued since April 2015 available here.

FOIA: FFIEC published new interim final rule for FOIA regulations

The Federal Financial Institutions Examination Council published a new interim final rule with a request for comments for revised FOIA regulations in today's issue of the Federal Register.  This interim rule replaces an earlier one published at the end of last year.  The agency's revisions reflect changes required by the FOIA Improvement Act of 2016, as well as other updates.  Comments must be received on or before September 1, 2017.

Court opinions issued June 30, 2017

Kulkarni v. U.S. Dep't of State (9th Cir.) (unpublished opinion) -- summarily affirming district court's decision that records concerning plaintiff's passport application were protected under Exemption 6.  

Finney v. SSA (9th Cir.) (unpublished opinion) -- summarily affirming district court's decision that agency performed an adequate search and properly withheld records pursuant to Exemption 6.

Summaries of all opinions issued since April 2015 available here.

FOIA News: Defense Nuclear Facilities Safety Board updates FOIA regs

The Defense Nuclear Facilities Safety Board has amended its FOIA regulations to comply with the changes required by the FOIA Improvement Act of 2016, according to a Federal Register notice to be published on July 3, 2017.  There will be no opportunity for the public to submit comments, which the Board found "unnecessary."  This final rule will become effective on July 26, 2017.

FOIA News: NCUA finalizes FOIA regulations

The National Credit Union Administration published a rule finalizing its amendments to its FOIA regulations in today's issue of the Federal Register.  An interim final rule was published in December 2016.  The changes are being made to comport with the FOIA Improvement Act of 2016.  In its final rule, NCUA made a few "minor changes to wording for consistency and clarification."

NCUA received two comments.  One commenter, a trade organization, urged the agency to "exceed the requirements" of the "presumption of openness" and to "post every FOIA response to its Web site."  

Another commenter, a nonprofit institute, requested that NCUA update its definition of a "representative of the news media" to be consistent with statutory language.  The agency indicated it would "address this in an upcoming technical amendment rule." 

Court opinion issued June 26, 2017

Yunes v. DOJ (D.D.C.) -- determining that FBI properly relied on Exemption 3 in conjunction with Bank Secrecy Act to withhold records concerning plaintiff. a citizen of the Dominican Republic who had his United States visa revoked when he was identified as a known or suspected terrorist. 

Summaries of all opinions issued since April 2015 available here.

Court opinion issued June 22, 2017

Di Montenegro v. FBI (E.D. Va.) -- ruling that FBI performed a reasonable search for records concerning plaintiff, and that various agencies properly withheld records pursuant to Exemption 6, 7(C), 7(D), (7(E), and 7(F).  

Summaries of all opinions issued since April 2015 available here.