FOIA News: DC Circuit to hear argument in FOIA "clawback" case

The U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument in Human Rights Defense Center v. U.S. Park Police (No. 23-5236) on October 24, 2024. The issues on appeal are (1) whether the agency proper applied Exemption 6 to withhold names of federal officers whose behavior gave rise to federal tort claims settled by the agency, and (2) whether a federal court has the inherent authority to order the “claw back” of records an agency argues were inadvertently disclosed.

The district court ruled in the government’s favor.

Livestream audio is available here.

(NB: FOIA Advisor’s Ryan Mulvey authored an amicus brief in support of Appellant HRDC, which he filed on behalf of his employer, Americans for Prosperity Foundation.)

FOIA News: Army must expedite FOIA request about Trump’s visit to Arlington Cemetery

Judge orders Pentagon to release records of Trump controversial Arlington Cemetery visit

By Josh Meyer, USA Today, Oct. 22, 2024

A federal judge on Tuesday ordered Army officials to release internal records regarding former President Donald Trump’s controversial August visit to Arlington National Cemetery by the end of the week.

Judge Paul Friedman of the U.S. District Court for the District of Columbia granted the request Monday in response to a lawsuit brought by American Oversight, a non-partisan group dedicated to getting the government to release records. He signed the order Tuesday, the group said.

American Oversight said it sued for the rapid release of military records, including any incident reports from the Aug. 26 incident, following a Freedom of Information Act (FOIA) request.

Read more here.

FOIA News: SCOTUS declines to hear challenge to CPSC’s commissioners initiated via FOIA

Supreme Court Rejects Bid to Let President Fire Agency Leaders

By Greg Stohr, BNN Bloomberg, Oct. 21, 2024

The US Supreme Court declined to hear an appeal that sought to give the president control over agencies that have long operated independently, potentially including the Federal Trade Commission and Securities and Exchange Commission.

The appeal, pressed by two research organizations in a case involving the Consumer Product Safety Commission, contended that the Constitution gives the president broad power to fire the leaders of executive-branch agencies. It called into question a 1935 Supreme Court precedent that has become a top target for anti-regulatory groups. 

The court, as is its custom when turning away an appeal, made no comment, and no justice publicly dissented.

* * *

The research groups sued the CPSC over its handling of Freedom of Information Act requests. In urging the court to reject the appeal, the Biden administration said the FOIA requests are insufficient to give the groups legal standing to challenge the commissioners’ job protections.

Read more here.

Jobs, jobs, jobs: Weekly report Oct. 21, 2024

Federal positions closing in the next ten days

Gov’t Info. Specialist, Dep’t of the Interior, GS 11-13, multiple locations, closes 10/21/24 (non-public).

Gov’t Info. Specialist, Dep’t pf Health & Human Serv./NIH, GS 11-12, Bethesda, MD, closes 10/21/24 (non-public).

Gov’t Info. Specialist, Dep’t of Homeland Sec./Secret Serv., GS 12-13, Wash., DC, closes 10/24/24 (non-public).

Gov’t Info. Specialist, Dep’t of Veterans Affairs/VHA, GS 12, Miami, FL, closes 10/25/24 (non-public).

Gov’t Info, Specialist, Nuclear Reg. Comm’n, GS 13, Rockville, MD, closes 10/25/24 (non-public).

Gov’t Info. Specialist, Dep’t of Veterans Affairs/VHA, GS 11-12, Martinsburg, WV, closes 10/25/24 (internal to agency).

Lead Gov’t Info. Specialist, Dep’t of State, GS 13, Wash., DC, closes 10/25/24.

Lead Gov’t Info. Specialist, Dep’t of State, GS 13, Wash., DC, closes 10/25/24 (non-public).

Gov’t Info. Specialist, Dep’t of State, GS 12, Wash., DC, closes 10/25/24.

Gov’t Info. Specialist, Dep’t of State, GS 12, Wash., DC, closes 10/25/24 (non-public).

Gov’t Info. Specialist, Dep’t of State, GS 9-11, Wash., DC, closes 10/25/24 (non-public).

Gov’t Info. Specialist, Dep’t of State, GS 9-11, Wash., DC, closes 10/25/24.

Gov’t Info. Specialist, Dep’t of State, GS 9-11, Wash., DC, closes 10/28/24 (non-public).

Gov’t Info. Specialist, Dep’t of Veterans Affairs/VHA, GS 12, Columbus, OH, closes 10/30/24 (non-public).

Gov’t Info. Specialist, Dep’t of Veterans Affairs/VHA, GS 12, West Haven, CT, closes 10/31/24 (agency only).

Court opinion issued Oct. 17, 2024

Energy Policy Advocates v. SEC (D.D.C.) -- ruling that: (1) agency performed an adequate search for SEC communications with two organizations regarding the agency’s proposed climate rulemaking, an issue that plaintiff did not dispute; (2) agency properly relied on Exemption 4 to withhold organizations’ billing rates, labor categories, project structure information, strategic development goals, and plans concerning product costs; SEC concretely explained how disclosure would provide an advantage to organizations’ competitors, which satisfied foreseeable harm requirement; and (3) SEC properly withheld certain information under Exemption 5’s deliberative process privilege, and it provided “focused and concrete” explanations how disclosure would chill future agency deliberations and cause “harmful confusion” to the public.

Summaries of all published opinions issued in 2024 are available here. Earlier opinions are available here.

Court opinion issued Oct. 15, 2024

Jimenez v. DHS (11th Cir.) -- affirming district court’s decision that various DHS components performed adequate searches for records concerning the revocation of plaintiffs’ visa, and that they properly withheld certain records pursuant to Exemption 3 in conjunction with the Immigration and Nationality Act, 8 U.S.C. § 1202(f); rejecting plaintiff’s arguments that DHS’s declarations violated the “best evidence rule in Federal Rule of Evidence 1002,” and that several instances of inconsistent processing rebutted the presumption of good faith accorded to those declarations.

Summaries of all published opinions issued in 2024 are available here. Earlier opinions are available here.

FOIA News: CFO Council to meet Nov. 7, 2024

Virtual Meeting of the Chief FOIA Officers Council

DOJ/OIP, FOIA Post, Oct. 16, 2024

The Office of Information Policy (OIP) is pleased to announce that the Chief FOIA Officers (CFO) Council will hold a virtual meeting on Thursday, November 7th 2024 from 10:00 AM to 12:00 PM ET.    

The CFO Council meeting is open to all agency FOIA professionals and members of the public.  Time will be provided for members of the public to address the Council.  Registration is required on Eventbrite.  All attendees must register by 11:59 PM ET on Monday, November 4, 2024.  The meeting will also be livestreamed on the National Archives' YouTube channel.

Read more here.

FOIA News: OIP issues summary and assessment of Chief FOIA Officer Reports

Summary and Assessment of Agency 2024 Chief FOIA Officer Reports and New Guidelines for 2025 CFO Reports Issued

By DOJ/OIP, FOIA Post, Oct. 15, 2024

Today the Office of Information Policy (OIP) is pleased to release its summary and assessment of agencies’ 2024 Chief FOIA Officer (CFO) Reports.  OIP’s 2024 summary and assessment focuses on steps agencies have taken to improve FOIA administration in five key areas highlighted in the Attorney General’s 2022 FOIA Guidelines:

• FOIA Leadership and Applying a Presumption of Openness;

• Ensuring Fair and Effective FOIA Administration;

• Proactive Disclosures;

• Utilizing Technology to Improve Efficiency; and

• Steps Taken to Remove Barriers to Access, Improve Timelines, and Reduce Backlogs.

This past March marked the fifteenth year that agency CFOs submitted these reports to the Department of Justice.

Read more here.

FOIA News: Tech executive suggests tech solutions to handle record number of requests

The federal government is likely to receive a record number of FOIA requests again in 2024

Integrating AI-powered tools into FOIA processing could be a game changer, reducing backlogs, lowering costs, and improving accuracy.

By Amy Hilbert, Commentary, Gov’t Exec., Oct. 15, 2024

In recent years, the federal government has seen a sharp rise in the volume and complexity of Freedom of Information Act requests, creating an overwhelming challenge for government agencies.  

In fiscal year 2023, the federal government received an all-time high of 1,199,644 FOIA requests — a staggering 29% increase from the previous year. According to preliminary data from FOIA.gov, this surge shows no signs of slowing down. In the first three quarters of FY 2024, the federal government has already received more than 928,000 requests — an increase of more than 18% from the same period in the previous year. If the final quarter follows a similar pattern, the number of FOIA submissions will easily surpass 1.3 million for the year. 

This rising volume underscores the public's increasing desire for transparency and accountability. However, the sheer number of requests is only part of the story. The complexity of these requests is also evolving, posing further challenges for government agencies already struggling with reduced staffing levels and outdated technologies. 

This perfect storm of expanding demand and stagnant capabilities has created significant backlogs across many agencies and significantly increased processing and litigation costs. These trends are forcing agencies to rethink how they handle public information requests, with many looking to advanced technologies such as artificial intelligence to alleviate the burden. 

Read more here.

Jobs, jobs, jobs: Weekly report Oct. 14, 2024

Federal positions closing in the next 10 days

Gen. Att’y, Consumer Product Safety Comm., GS 11, Bethesda, MD, closes 10/14/24.

Gov’t Info. Specialist, Dep’t of the Treasury/OFAC, GS 9-13, Wash., DC, closes 10/15/24 (non-public).

Gov’t Info. Specialist, Dep’t of the Treasury/OFAC, GS 9-13, Wash., DC, closes 10/15/24.

Lead Gov’t Info. Specialist, Dep’t of State, GS 13, Charleston, SC, closes 10/16/24 (non-public).

Gov’t Info. Specialist, Dep’t of the Interior, GS 11-13, multiple locations, closes 10/21/24 (non-public).

Federal positions closing on or after Oct. 25, 2024

Gov’t Info, Specialist, Nuclear Reg. Comm’n, GS 13, Rockville, MD, closes 10/25/24 (non-public).

Gov’t Info. Specialist, Dep’t of Veterans Affairs/VHA, GS 11-12, Martinsburg, WV, closes 10/25/24 (internal to agency).

Lead Gov’t Info. Specialist, Dep’t of State, GS 13, Wash., DC (closes 10/25/24).

Lead Gov’t Info. Specialist, Dep’t of State, GS 13, Wash., DC (closes 10/25/24) (non-public).

Gov’t Info. Specialist, Dep’t of State, GS 12, Wash., DC, closes 10/25/24.

Gov’t Info. Specialist, Dep’t of State, GS 12, Wash., DC, closes 10/25/24 (non-public).

Gov’t Info. Specialist, Dep’t of State, GS 9-11, Wash., DC, closes 10/25/24 (non-public).

Gov’t Info. Specialist, Dep’t of State, GS 9-11, Wash., DC, closes 10/25/24.

Gov’t Info. Specialist, Dep’t of State, GS 9-11, Wash., DC, closes 10/28/24 (non-public).

Sup. Gov’t Info. Specialist, Dep’t of Justice/BOP, GS 13-14, remote, closes 10/29/24 (non-public).