Junk v. Bd. of Governors of Fed. Reserve Sys. (2nd Cir.) (summary order) -- affirming district court’s decision that agency performed adequate search for “‘records from Maiden Lane LLC and Maiden Lane II LLC and Maiden Lane III LLC containing’ a specific nine-digit alphanumeric Committee on Uniform Security Identification Procedures ("CUSIP") number.”
Summaries of all published opinions issued since April 2015 are available here.
Agencies are required to post their fiscal year 2021 annual reports on their websites by March 1, 2022. Here are a few that we’ve found online already.
Q. What rule or regulation provides that the identity of the requester is not confidential? And does this apply to OSHA FOIA requests?
A. Federal courts have ruled that FOIA requesters do not ordinarily expect that their names will be kept private and, therefore, release of their names would not cause even the minimal invasion of privacy necessary to trigger the balancing test under Exemption 6. By contrast, courts have decided that the identities of first-party requesters under the Privacy Act of 1974 should be protected because, unlike under the FOIA, an expectation of privacy can fairly be inferred from the personal nature of the records involved in those requests. See, e.g., Hammond v. DOD (D.D.C.) (protecting names of requesters seeking their own medical records from Walter Reed hospital).
The Occupational Safety and Health Administration appears to follow the relevant case law, as illustrated by its processing of the following 2016-2017 FOIA log.
FOIA Advocates Say Biden Administration Is Ignoring Transparency Issues
New administrations usually issue memos on transparency. The Biden administration has ignored calls to do so.
By C.J. Ciaramella, Reason, Feb. 4, 2022
It's been more than a year since President Joe Biden took office, but his administration has yet to publish guidance to agencies on federal public record laws, a break from tradition that has frustrated transparency advocates.
This week, a coalition of transparency groups sent a second letter calling on the Justice Department to issue a memo on its interpretation of the Freedom of Information Act (FOIA), the groundbreaking 1966 law that, in theory, ensures public access to government records.
Read more here.
Am. Civil Liberties Union v. CIA (2nd Cir.) -- reversing district court’s decision requiring disclosure of certain information contained in a draft summary of CIA’s former detention and interrogation program and holding that such information was protected under Exemption 1.
Am. Civil Liberties Union v. CIA (D.D.C) -- concluding that agency properly relied on Exemptions 1, 3, 5, and 6 to withhold records concerning nomination of Gina Haspel to serve as CIA’s Director.
Summaries of all published opinions issued since April 2015 are available here.
Woodard v. USMS (D.D.C.) -- following in camera review of records concerning agency’s use of cell phone technology in apprehending plaintiff for capital murder, finding that agency properly redacted names of law enforcement officers under Exemption 7(C) and that its use of Exemption 7(C), 7(E), 7(D), and 7(F) to redact or fully withhold other records was justified in some instances and not others.
Summaries of all published opinions issued since April 2015 are available here.
No FOIA is an Island, by Heidi Kitrosser, Feb. 2, 2022
Margaret Kwoka’s new book, Saving the Freedom of Information Act, is an impressive and important achievement. The book is grounded in the premise that the Freedom of Information Act (FOIA) was inspired by, and is best directed toward, the goal of facilitating public and journalistic oversight of American government.
Margaret Kwoka’s Saving the Freedom of Information Act is one of the best empirical studies ever written on administrative law. Start with the findings, which are sweeping in their government-wide scope and striking in their substance.
OIP NOW ACCEPTING NOMINATIONS FOR THE 2022 SUNSHINE WEEK FOIA AWARDS
DOJ/OIP, FOIA Post, Jan. 31, 2022
The Department of Justice, Office of Information Policy (OIP) is pleased to announce that nominations are open for the 2022 Sunshine Week FOIA Awards, recognizing the contributions of FOIA professionals from around the government. As the Supreme Court declared, “[t]he basic purpose of [the] FOIA is to ensure an informed citizenry, vital to the functioning of a democratic society . . . .” Agency FOIA professionals are at the center of ensuring that the important purpose of this law is fulfilled and we look forward to celebrating the work of these individuals from around the government. For this year’s event, OIP is seeking nominations for five categories of awards:
Exceptional Service by a FOIA Professional or Team of FOIA Professionals
Outstanding Contributions by a New Employee
Exceptional Advancements in IT to Improve the Agency’s FOIA Administration
Exceptional Advancements in Proactive Disclosure of Information
Lifetime Service Award
Nominations can be submitted by agencies or by a member of the public. All nominations are due to OIP by Friday, February 25
Read more here.
Louise Trauma Ctr. v. DOJ (D.D.C.) -- holding that: (1) DOJ failed to provide sufficient information to permit court to determine propriety of agency’s reliance on Exemption 5’s attorney-client, attorney work-product, and deliberative process privileges to withhold certain appellate training material; and (2) Civil Division performed adequate search for studies and analyses of the “foreseeable harm” standard of the 2016 FOIA Improvement Act.
Summaries of all published opinions issued since April 2015 are available here.
The Federal Mine Safety and Health Review Commission is adopting revised FOIA regulations effective March 3, 2022, which follows a notice and comment period that took place from August 30, 2021, to September 29, 2021.
The U.S. Office of Special Counsel has proposed to amend its FOIA regulations and will accept public comments on or before March 3, 2022.