FOIA Advisor

FOIA News (2015-2023)

FOIA News: FOIAonline's demise

FOIA News (2015-2023)Allan BlutsteinComment

EPA shutters public records portal

Heralded as a step for open government when it launched, FOIAonline, in service for more than a decade across agencies, will be decommissioned later this year.

By Kevin Bogardus, Greenwire, Feb. 13, 2023

EPA will shutter FOIAonline, the public records web portal it manages, ending what was once a promising stride toward transparency taken more than 10 years ago.

The website tracks Freedom of Information Act requests across multiple federal agencies and posts records online for all to see. Heralded as a step for open government when it launched, FOIAonline has since faced departing user agencies and rising costs that could have saddled EPA alone with an expensive web application that was increasingly difficult to use.

Now, it will be decommissioned Sept. 30, according to the website itself. Those who follow FOIA wonder what will come next.

Gbemende Johnson, a political science professor at the University of Georgia, said, “It is a loss of a valuable resource."

She explained requesters can chase records from individual agencies' web portals, costing time and resources, but FOIAonline simplified the process and made it easier for those requesting information from certain agencies.

Read more here (subscription required)

[The author of this post is quoted in the article]

FOIA News: Even more annual reports

FOIA News (2015-2023)Allan BlutsteinComment

On January 24, 2023, and January 31, 2023, we posted a total of 36 annual FOIA reports for fiscal year 2022. Below are several more reports that we have since located. All agencies must post their reports online by March 1, 2023.

FOIA News: Gov't defends Glomar response re Trump's alleged declassification order

FOIA News (2015-2023)Allan BlutsteinComment

Gov't Seeks Toss Of FOIA Suit Over Trump Docs Tied To Raid

By Ivan Moreno, Law360, Feb. 7, 2023

The U. S. government asked a Massachusetts federal judge to toss a lawsuit seeking records regarding former President Donald Trump's purported standing declassification order for documents he took from the Oval Office, saying merely acknowledging whether such materials exist would compromise an ongoing investigation. . . .

Read more here (access with free trial subscription)

A copy of the complaint in ACLU v. CIA, No, 22-cv-11532 (D. Mass) is here.

FOIA News: Yale Journal on Regulation Highlights D.C. Circuit FOIA Decision

FOIA News (2015-2023)Ryan MulveyComment

D.C. Circuit Review - Reviewed: Who Needs Deference?

Yale J. on Reg., Notice & Comment, Feb. 6, 2023

[. . .] Last, but certainly not least for those who support access to government information: The court rejected (for now) the government’s attempt to withhold certain records related to its procurement of pentobarbital for lethal injections. In brief, the main issue before the court in Citizens for Responsibility and Ethics in Washington v. DOJ, No. 21-5276 (D.C. Cir. Jan. 31, 2023), was whether the suppliers’ names and certain contract terms (like the drugs’ prices and quantities, unconnected to supplier names) qualified under Exemption 4, which covers trade secrets and confidential commercial information. With Judge Pillard writing (joined by Judge Childs), the court held that the government had not shown (at the summary judgment stage) that the names themselves were “commercial” (though the parties agreed the names were confidential) or that the contract terms were confidential because their disclosure would necessarily reveal the suppliers’ names. The government gets an opportunity to try again on remand. Judge Sentelle concurred in the judgment, agreeing that the government had not yet met its burden, but expressing some skepticism of the panel’s interpretation of the word “commercial.”

Read more here.

FOIA News: Communicate plainly (but not like a child)

FOIA News (2015-2023)Allan BlutsteinComment

FOIA Communication: Keep it Simple!

Office of Gov’t Info. Serv., FOIA Ombudsman, Feb. 1, 2023

Plain language has long been an interest of ours as we have observed that clear, concise and well-organized correspondence smoothes the FOIA process for all. After we put plain language on our 2022 holiday wish list, we’re pleased that the Center for Plain Language included FOIA webpages in its 11th annual Report Card on how well agencies follow the 2010 Plain Writing Act

The nonprofit group graded the “contact us” and main FOIA request pages for 21 agencies, including all 15 Cabinet-level departments.

Read more here.

FOIA News: DC Circ. Revives FOIA Suit Seeking Execution Drug Info

FOIA News (2015-2023)Kevin SchmidtComment

DC Circ. Revives FOIA Suit Seeking Execution Drug Info

By Micah Danney, Law360, Jan. 31, 2023

The D.C. Circuit found Tuesday that the U.S. Bureau of Prisons wrongly refused to reveal the names of suppliers of a lethal injection drug to the nonprofit group Citizens for Responsibility and Ethics in Washington, reversing a lower court's ruling that their identities were protected commercial information.

Read more here (subscription).

FOIA News: More annual reports

FOIA News (2015-2023)Allan BlutsteinComment

On January 24, 2023, we posted more than two dozen agency FOIA reports for fiscal year 2022. Below are several more reports that we have located over the past week.

FOIA News: Former President Trump Submitted Multiple FOIA Requests to IRS

FOIA News (2015-2023)Kevin SchmidtComment