The Overseas Private Investment Corporation has updated its FOIA regulations, as set forth in a final rule appearing in today's Federal Register. The final rule "incorporates the FOIA revisions contained in the FOIA Improvement Act of 2016, makes administrative changes to reflect OPIC’s costs, and conforms more closely to the language recommended by the Department of Justice, Office of Information Policy." The rule is effective May 1, 2017.
Sikes v. U.S. Dep't of the Navy (S.D. Ga.) -- ruling that: (1) agency was not required to certify authenticity of records previously released to plaintiff concerning Admiral Jeremy Michael Boorda; and (2) agency did not waive privacy exemption applicable to Admiral Boorda's suicide note by producing photograph that incidentally contains blurry, illegible depiction of suicide note.
Summaries of all opinions issued since April 2015 available here.
Simon v. DOJ (D.D.C.) -- (1) denying plaintiff's motion to compel the Executive Office for U.S. Attorneys to individually process 61 separate requests about plaintiff and his wife's prosecution for tax evasion; (2) denying as unripe plaintiff's argument that EOUSA's ongoing search will ultimately prove inadequate.
Reynolds v. DOJ (D.D.C.) -- dismissing case after finding that EOUSA never received pro se inmates FOIA requests.
Summaries of all opinions issued since April 2015 available here.
Citizens for Responsibility & Ethics in Wash. v. DOJ (D.C. Cir.) -- reversing district court's decision in case involving FBI investigation of former congressman Tom Delay after concluding that government invoked Exemption 5 too late and that it needed to perform "a more particularized balancing of the interests at stake" under Exemptions 6 and 7(C).
Franklin v. DEA (9th Cir.) (unpublished) -- summarily affirming district court's decision that agency conducted adequate search and properly redacted records.
Summaries of all opinions issued since April 2015 available here.
Prince v. NLRB (S.D. Ohio) -- holding that agency was not required to create records in order to answer plaintiff's legal questions.
Coffey v. Bureau of Land Mgmt. (D.D.C.) -- determining that: (1) agency was not required to pay interest on processing fees that were refunded to plaintiff; and (2) agency failed to adequately search for records of communications between two named employees and contractors concerning agency's "Wild Horse and Burro Program."
Shapiro v. DOJ (D.D.C.) -- finding that FBI properly relied on Exemption 7(E) to withhold reports generated by "Accurint" database even though agency's use of database was public knowledge.
Summaries of all opinions issued since April 2015 available here.
Stevens v. DHS (N.D. Ill.) -- ruling in "reverse FOIA" case that U.S. Immigration & Customs Enforcement's decision to disclose portions of plaintiff's bid and contract was not arbitrary and capricious. In reaching it decision, the court rejected plaintiff's arguments that the contract was not responsive to the request or that ICE was required to show how disclosure would not cause competitive harm to plaintiff.
Summaries of all opinions issued since April 2015 available here.
Am. Ctr. for Law & Justice v. U.S. Dep't of State (D.D.C.) -- dismissing requester's "policy or practice" claim that alleged agency had an "impermissible practice, policy, and pattern of [intentionally issuing] untimely and noncompliant FOIA responses," but otherwise allowing "basic FOIA challenge related to one particular request" to proceed.
Summaries of all opinions issued since April 2015 available here.
Offor v. EEOC (2nd Cir.) (summary order) -- affirming district court's denial of plaintiff's requests for attorney's fees and costs, Special Counsel to investigate agency, and injunction regarding plaintiff's future FOIA requests.
Summaries of all opinions issued since April 2015 available here.
Plunkett v. DOJ (D.D.C.) -- granting government's summary judgment motion because Federal Bureau of Prisons released all records concerning plaintiff's criminal case that were at issue.
Summaries of all opinions issued since April 2015 available here.
Reddick v. U.S. Dep't of Energy (E.D. Wash.) -- dismissing case as moot because agency -- prior to scheduled bench trial -- released disputed document in full to plaintiff and agreed to pay all litigation costs.
Smith v. U.S. Immigration & Customs Enforcement (D. Colo.) -- finding that plaintiff, an immigration attorney, had standing to litigate claim that agency has pattern and practice of denying FOIA requests that might assist fugitive aliens.
Summaries of all opinions issued since April 2015 available here.