FOIA News: ABA conference to include FOIA panel

The American Bar Association’s 2021 administrative law conference will include a FOIA panel on November 18, 2021. The speakers will be Margaret Kwoka, Professor, Moritz College of Law, Ohio State University; Bobak Talebian, Director, Office of Information Policy, U.S. Department of Justice; Nikhel Sus, Senior Counsel Complaints & Litigation, Citizens for Responsibility and Ethics in Washington; and Danielle Schulkin, Attorney Advisor, Administrative Conference of the United States. The virtual live program will run from 10:45am to 12:15 pm. Registration information is available here.

FOIA News: FOIAonline is offline

The federal government’s FOIA portal FOIAonline is offline for scheduled maintenance until Monday, November 15, 2021.

FOIA News: Chief FOIA Officers Council to meet Nov. 17th

The Chief FOIA Officers Council will meet virtually on November 17, 2021, from 10 am to 12:30pm. Registration information is available here.

FOIA News: Senators propose to extend FOIA to private prisons

CARDIN, LEAHY, RASKIN INTRODUCE LEGISLATION TO IMPROVE TRANSPARENCY FOR PRISONERS AND DETAINEES IN PRIVATE FACILITIES

Press Release, Office of U.S Senator Jamie Raskin, Nov. 4, 2021

U.S. Senators Ben Cardin (D-Md.) and Patrick Leahy (D-Vt.) and Congressman Jamie Raskin (D-Md.) today introduced legislation to require that government agencies comply with Freedom of Information Act (FOIA) requests relating to private prisons, jails or detention facilities, including immigration detention facilities. The Private Prison Information Act (S. 3164/H.R. 5853) is essential for holding detention facilities accountable.

See more here.

FOIA News: CRS releases report on FY 2020 FOIA stats

Pandemic Increased Backlog of FOIA Cases, Report Says

By FEDweek, Nov. 1, 2021

The pandemic contributed to an increase in the backlog of Freedom of Information Act requests pending in federal agencies, the Congressional Research Service has said.

The backlog of requests that have not received an initial agency response within the law’s timeframes rose from about 120,000 to about 142,000 from fiscal 2019 to 2020, while the pending backlog of appeals of denials remained about flat at about 5,100.

Read more here.

FOIA News: SCOTUS asked to reverse consultant corollary doctrine

High Court FOIA Bout Could Expose IRS Contractor Work

By Amy Lee Rosen, Law360, Oct. 27, 2021

The IRS' ability to shield work by outside contractors from disclosure could be undermined if the U.S. Supreme Court reviews a would-be air traffic controller's Freedom of Information Act case against the Federal Aviation Administration and rules against the government.

In a divided en banc decision in March, the Ninth Circuit said documents requested under FOIA by rejected air traffic control candidate Jorge Alejandro Rojas were exempt from release even though they were generated by a third-party consultant. The court reasoned that the "consultant corollary doctrine," a theory adopted by seven circuit courts so far that prevents items from being shared under FOIA, extends to privileged documents prepared by private, outside consultants.

Read more here (accessible with free trial subscription).

FOIA News: In 2009, he filed a freedom of information request. Twelve years later he got answers

In 2009, he filed a freedom of information request. Twelve years later he got answers

By Asma Khalid, NPR, Oct. 24, 2021

The media's primary role in a functioning democracy is to hold the government accountable and keep citizens informed. And in order to do that, a free press needs access to certain documents, from FBI investigations to court filings, which brings us to the reporter's best friend or biggest headache. Those are the requests they file under the Freedom Of Information Act, or FOIA. That's where reporters hoping to dig into a story ask a government agency for information that they want. And then they wait and wait and wait and wait for weeks, for months and, in the case of Bruce Alpert, 12 years.

Read more here.

FOIA News: 9th Circuit considers intervention request by Volkswagen

9th Circ. Mulls VW Intervening In Fight For Jones Day Report

By Lauren Berg, Law360, Oct. 21, 2021

A Ninth Circuit judge questioned when a third party must intervene in a suit involving its interests, indicating during oral arguments Thursday that Volkswagen was timely in its bid for a say on whether the government should release an internal VW investigation conducted by Jones Day. During remote arguments for Volkswagen's appeal, U. S. Circuit Judge John B. Owens said Ninth Circuit precedent states that a third party doesn't have to intervene as soon as it becomes aware of a lawsuit involving its interests but can timely jump in when it knows its interests won't be adequately represented.

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

FOIA News: D.C. Circuit to resume in-person arguments with FOIA case

When the U.S. Court of Appeals for the District of Columbia Circuit resumes in-person hearings on December 1, 2021, one of its first three cases will be a FOIA case: Citizens for Responsibility & Ethics in Wash. v. DOJ, No. 21-5113, which concerns the use of the deliberative process privilege to withhold portions of a legal memorandum concerning Special Counsel Mueller’s report.

FOIA News: Jason Baron to reveal FOIA "secrets"

University of Maryland professor and former NARA litigator Jason Baron will lead a FOIA discussion on November 17, 2021, entitled “Secrets of the Freedom of the Information Act: Everything you need to know about the FOIA process (including finding out where the Roswell documents are).”

See here for more details about the event.