FOIA News: DDC to hear FOIA argument tomorrow re: Prince Harry

On June 6, 2023, the U.S. District Court for the District of Columbia will entertain arguments as to whether the Heritage Foundation is entitled to expedited processing of its FOIA request to the U.S. Department of Homeland Security seeking access to the Alien File of Prince Harry, the Duke of Sussex. Copies of the docket and the shamefully long complaint are available here.

FOIA News: Commerce updates FOIA regs

The U.S. Department of Commerce has issued a final rule amending its FOIA regulations without public comment effective June 5, 2023. The amendments reflect changes related to the Department’s transition to a new FOIA case management system, correct cross-references to its FOIA regulations, and update the contact information for the Office of Inspector General.

FOIA News: Draft FOIA tech standards to be issued "early this summer" for public comment

DOJ OIP leads effort to set FOIA tool tech standards across government

By Jory Heckman, Fed. News Network, June 2, 2023 

The Justice Department’s Office of Information Policy is leading a governmentwide effort to set technology standards for tools agencies use to manage a growing volume of Freedom of Information Act (FOIA) requests.

DOJ OIP is leading an interagency working group setting standards for FOIA case management, along with National Archives and Records Administration’s Office of Government Information Service and the General Services Administration Office of Shared Services and Performance Improvement.

The working group expects to have a draft baseline version of the business standards available for public comment early this summer, and anticipates finalizing the business standards later this calendar year.

Read more here.

FOIA News: New OGIS resources

In case you missed it, the Office of Government Information Services has posted two new resources on its website. The first is an Ombuds Observer on the decommissioning of FOIAonline. The second resource is an Issue Assessment Recommendations and Best Practices table.

Read more here.

FOIA News: OGIS to hold annual meeting on June 13

On June 13, 2023, the Office of Government Information Services will hold an open meeting to discuss its reviews and reports, as required by the FOIA statute. Written comments for the meeting will be accepted 30 days before and 30 days after the meeting. Registration information and a livestream link are currently available here; the agenda and presentation slides are forthcoming.

FOIA News: Frustrated requester sounds off in op-ed

Making a Federal FOIA Request? Good Luck!

By Pete McGinnis, Townhall,  May 28, 2023

FOIA is the acronym for the Freedom of Information Act (FOIA), or it was when it became law in 1966. Since then, it’s come to stand for Feds Obfuscating, Impeding and Abusing. One of the first “open government” laws in the world often just highlights federal agencies shirking transparency and continuing dysfunction.

Read more here.

Court opinion issued May 24, 2023

Cause of Action Inst. v. NOAA (D.D.C.) -- concluding that agency’s search was inadequate because agency too narrowly defined what constituted the “agency records” of one of its regional Fishery Management Councils by only including correspondence “submitted to the chair” or “specifically discussed or disseminated at a Council meeting”; ordering agency to conduct a supplemental search of non-federal employee council members’ personal accounts and devices.

Summaries of all published opinions issued since April 2015 are available here

Court opinions issued May 23, 2023

Anand v. HHS (D.D.C.) -- ruling that the Office of Inspector General properly refused to search for “all reports from Blue Cross Blue Shield corporation to OIG concerning improper prescribing of opiates by specific physicians,” because the search would take the entire FOIA staff more than 9 years to complete (or one full-time employee 28 years at a cost of at least $3.5 million), which was deemed unduly burdensome.

Anthony v. BOP (D.D.C.) -- determining that: (1) plaintiff’s claim was moot with respect to four pages that BOP released in full; (2) plaintiff was not required to administratively appeal BOP’s denial of his expedition request before filing suit; and (3) plaintiff also was not required to administratively appeal BOP’s final decision on the merits, which postdated plaintiff’s lawsuit.

Summaries of all published opinions issued since April 2015 are available here.

FOIA News: FOIA Advisory Committee meets on June 8, 2023

The 2022-2024 term of the Federal FOIA Advisory Committee will hold its fifth meeting on Thursday, June 8, 2023, at 10:00am. Meeting materials and registration information are available here.

FOIA News: DOJ argues DEA not an "agency"

DOJ Tells Court DEA Is Not An “Agency” For FOIA Purposes

By Sam Reisman, Law360, May 23, 2023

The U.S. Department of Justice on Monday told a Texas federal judge that the Drug Enforcement Administration is not an agency for the purposes of the Freedom of Information Act.

Read more here (accessible with free 7-day trial).