Vidal-Martinez v, DHS (7th Cir.) -- using “clear error” standard, affirming district court’s decision that ICE properly redacted records concerning plaintiff pursuant to Exemptions 5, 6, and 7(C), and that plaintiff was not entitled to attorney’s fees because he did not substantially prevail.
Summaries of all published opinions issued since April 2015 are available here.
Here’s why MuckRock and POGO had to archive FOIAonline
Transparency organizations publish nearly 34,000 documents after officials failed to ensure information would remain accessible.
By Freddy Martinez, MuckRock, Oct. 25, 2023
Last month, the Environmental Protection Agency (EPA) dismantled a vital tool for transparency when it decommissioned FOIAonline.gov, an online resource that allowed the public to make and track Freedom of Information Act (FOIA) requests to over 20 federal agencies, and to view responsive documents. The EPA, which oversaw FOIAonline on behalf of participating agencies, claims to have fulfilled over 1.5 million requests and attracted 34,000 active registered users over the decade-plus that the portal was operating. But while the decommissioning of FOIAonline has been in the works for several years, it still remains unclear when the public can expect access to these records to be restored by government agencies, if ever. In the interim, POGO and MuckRock have partnered to host a publicly available archive of nearly 34,000 documents captured before FOIAonline was shuttered.
Read more here.
Energy Policy Advocates v. SEC (D.D.C.) -- determining that: (1) agency performed an adequate search for various electronic communications, and (2) agency properly relied on Exemption 5’s deliberative process privilege to withhold in full five pages discussing the “nuts and bolts of proposed rulemaking”; further noting that the agency met the “deliberative process privilege’s ‘foreseeable harm’ requirement” with a concrete and focused declaration (albeit brief), which was supported by the “context and purpose” of the withheld records.
Summaries of all published opinions issued since April 2015 are available here.
New Search Tool Improves FOIA.gov User Experience
By DOJ/OIP, FOIA Post, Oct. 24, 2023
FOIA.gov, the government’s central resource for information about the Freedom of Information Act (FOIA), was updated today with a new Search Tool that helps the public more quickly locate commonly requested information. This update reflects one of the most significant improvements to the site since the release of the National FOIA Portal in 2018 and fulfills one of the Department of Justice’s commitments made in the United States Fifth Open Government National Action Plan.
Read more here.
Gov’t Info. Specialist, Dep’t of Education, GS-14, Washington, D.C., closes 11/6/2023.
Supervisory Gov’t Info. Specialist, DOJ/ATF, GS-14, Washington, D.C., closes 11/6/2023.
Gov’t Info. Specialist, Dep’t of the Interior, GS-14, multiple locations, closes 11/3/2023.
Attorney-Adviser, FDIC, CG-14, Washington, D.C., closes 11/2/2023.
Gov’t Info. Specialist, NARA/OGIS, GS-11, College Park, MD, closes 10/30/2023.
BuzzFeed v, DOJ (D.D.C.) -- deciding that: (1) FBI properly relied on Exemption 4 to withhold certain emails discussing DNA forensic assistance for pending FBI investigations, noting that agency demonstrated that disclosure could cause foreseeable financial harm to genetic testing companies; (2) FBI properly invoked Exemption 7(A) to withhold records about reasonably anticipated enforcement proceedings that, if disclosed, would reasonably likely to interfere with future criminal cases; (3) FBI properly relied on Exemption 7(C) to withhold the identities of law enforcement personnel and third parties; and (4) FBI’s properly used Exemption 7(E) to withhold companies’ forensic law enforcement capacities and forensic genealogy testing innovations and advancements, as well as details on evidence collection and evidence gathered for pending investigations.
Summaries of all published opinions issued since April 2015 are available here.
Spanberger, Wenstrup Introduce Bipartisan, Bicameral Bill to Reform Security Classification System
The “Sensible Classification Act” Would Codify Classification Authority, Streamline Declassification Process, Invest in New Technology for Classification Reviews, & Require an Evaluation of Existing Security
Rep. Abigail Spanberger, Press Release, Oct. 17, 2023
WASHINGTON, D.C. — U.S. Representatives Abigail Spanberger (D-VA-07) and Brad Wenstrup (R-OH-02) — Members of the U.S. House Permanent Select Committee on Intelligence — today introduced bipartisan legislation to reform and modernize the security classification system to reduce overclassification, prevent mishandling of classified information, promote better use of intelligence, and strengthen public trust.
The Sensible Classification Act would undertake significant reforms to the classification process. The bipartisan bill would codify classification authority, streamline the processes for declassification, direct training focused on sensible classification, invest in new technology to modernize the classification system, and direct a review regarding the necessity of existing security clearances to identify potential areas for additional reforms.
Read more here.
The U.S. Department of State has completed its FOIA rulemaking that began in March 2020, according to a final rule scheduled to be published in the Federal Register on October 18, 2023. The regulatory amendments will become effective on November 17, 2023.
Yim v. NIH (3rd Cir.) -- affirming district court’s decision that agency performed a reasonable search for records reflecting any updates to the COVID-19 treatment guidelines endorsed by a vote of a panel of experts; rejecting as speculation plaintiff’s assertion that the expert panel never actually voted on a guideline recommendation about which NIH had produced records.
Summaries of all published opinions issued since April 2015 are available here.
Workshop on Using, Sharing Resources Set for October 25
Office of Gov’t Info. Serv., FOIA Ombudsman, Oct. 16, 2023
Federal government employees are invited to a Chief FOIA Officers (CFO) Council best practices workshop from 9:30 a.m. to 12:30 p.m. on Wednesday, October 25. The Council’s Committee on Cross-Agency Collaboration and Innovation (COCACI) Resources Working Group is hosting the virtual workshop on “Innovative Methods for Using and Sharing Resources.” Registration is required and is limited to those with a .gov or .mil email address.
Read more here.