For decades, the Freedom of Information Act (“FOIA”) has provided the public with access to records of the Executive Branch. Yet the definition of a “record” has never been definitively established. To be sure, there has been a great deal of litigation over the meaning of an “agency record” (as opposed to a congressional record or a personal record). But the antecedent question of what exactly a “record” is has only recently started working its way up through the courts. Cause of Action Institute (“CoA Institute”) filed its opening brief today in the U.S. Court of Appeals for the D.C. Circuit as part of its efforts to get some resolution to this important question. Learn More
Archives for 2020
05/11/2020
Cause of Action Institute Urges President Trump To End Coercive Fishing Regulations
On Friday, Cause of Action Institute sent a letter to President Trump thanking him for his Executive Order helping the fishing industry and asking him to intervene and order the suspension and repeal of coercive fishing regulations. We recently filed suit on behalf of a group of herring fishermen, challenging a rule that requires them to pay for government contracted monitors that watch them fish. Not only are these monitors unnecessary, they cost upwards of $710 dollars per day, which can actually exceed a fisherman’s daily revenue. This regulation is unlawful, passed without any statutory authorization of Congress. We request that President Trump act now to immediately lessen the regulatory burden on fishermen and save jobs.
You can read the letter here.
05/4/2020
OMB Publishes Proposed Revisions to Outdated FOIA Fee Guidelines Following CoA Institute Lawsuit
The White House Office of Management and Budget (“OMB”) published a notice of proposed revisions to its Uniform Freedom of Information Act Fee Schedule and Guidelines in today’s issue of the Federal Register. OMB first published the guidelines, which are binding on all agencies subject to the Freedom of Information Act (“FOIA”), over thirty-years ago. They have never been updated, despite repeated requests from the transparency community, the FOIA Federal Advisory Committee, and the Archivist of the United States. The much-anticipated revisions aim to improve FOIA administration and ensure more equitable resolution of fee issues across the government. OMB’s notice comes amid a lawsuit filed by Cause of Action Institute (“CoA Institute”) to force such an update.
04/14/2020
Cause of Action Institute Joins Coalition Opposing DoD’s Latest Attempt to Create New FOIA Exemption
Cause of Action Institute has signed a joint letter with groups from across the ideological spectrum urging the Chairmen and Ranking Members of the Senate and House Committees on Armed Services to oppose the Department of Defense’s (“DOD”) sixth attempt to undermine the Freedom of Information Act’s (“FOIA”) through a new FOIA exemption.
The DOD proposal would use the FY2021 National Defense Authorization Act to exempt from disclosure “information on military tactics, techniques, and procedures, and of military rules of engagements.” The coalition writes:
The Pentagon’s proposed language would undermine FOIA by creating an unnecessary and overbroad secrecy provision at odds with the law’s goal of transparency and accountability to the public…The Department of Defense, and all federal agencies, already have broad and proper authority to withhold classified information under FOIA exemption one, and to withhold unclassified information under a variety of other statutes… We cannot support the proposed language, but we encourage the Defense Department to work with the committees of jurisdiction over FOIA to address the outstanding concerns and accomplish those mutual goals without codifying language that could be easily abused to keep the public and Congress in the dark about our military.
CoA Institute previously signed a coalition letter pushing back on a similar DoD proposal in 2017.
Read the full letter here.
04/6/2020
Cause of Action Institute Challenges Commerce’s Withholding of Section 232 Uranium Report, Using Policy and Practice of Deferring to White House Disclosure Directives
Last year, Cause of Action Institute (“CoA Institute”) stepped up its ongoing battle with the Department of Commerce (“Commerce”) over disclosure of Section 232 secretarial reports by filing a lawsuit against the agency for failure to respond to Freedom of Information Act (“FOIA”) requests seeking access to a final report concerning the national-security effects of uranium imports. This past week, CoA Institute filed its motion for summary judgment, laying out the case for Commerce’s failure to meet its FOIA obligations and exposing the infirmities of the government’s privilege claims.
03/20/2020
CoA Institute Joins Coalition Supporting Transparency and Public Access During Coronavirus Emergency
Today, Cause of Action Institute joined the National Freedom of Information Coalition and 130 other organizations in a statement urging government transparency during the current coronoavirus emergency.
At all times, but most especially during times of national crisis, trust and credibility are the government’s most precious assets. As people are asked to make increasing sacrifices in their daily lives for the greater good of public health, the legitimacy of government decision-making requires a renewed commitment to transparency.
In times of crisis, access to information is vital to protecting public health and the people’s rights. As federal, state, and local governments implement emergency measures, they should make every effort to commit to transparency throughout this process.
Read the letter here.
Family Fishermen Move to Block Industry-Killing At-Sea Monitoring Rule
Herring Fishermen are Fighting Burdensome Regulation, COVID-19, and New, Unlawful Monitoring Requirements to Stay Afloat
Arlington, VA (June 8, 2020) – Cause of Action Institute (CoA Institute) today filed a motion for summary judgement on behalf of a group of New Jersey fishermen, asking a D.C. Federal Court to vacate job-killing fisheries regulations called the “Omnibus Amendment.” CoA Institute filed suit in February to challenge the industry-killing rule, which requires certain boats in the Atlantic herring fishery to carry “at-sea monitors” at their own cost.
Learn More