|Submitted||June 2, 2017|
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To Whom It May Concern:
I. Description of Records Sought
This is a request under the Freedom of Information Act for any formal evaluations, recommendations, and progress reports that were sent to the department's Regulatory Reform Task Force regarding the repeal, replacement, or modification of existing Army Corps of Engineers regulations, pursuant to 82 C.F.R. 12285 § 3(d) and 82 C.F.R. 12285 § 3(g).
II. Request for a Fee Waiver
I respectfully request that you waive all fees in connection with this request as provided by 5 U.S.C. § 552(a)(4)(A)(iii). The Sierra Club is a national environmental nonprofit with no commercial interest in obtaining the requested information. Instead, our organization intends to analyze and disseminate the requested information free of charge so that the public can be better informed and meaningfully participate in protecting the nation's natural resources and limiting climate change.
The subject matter of the requested records is likely to contribute significantly to public understanding of the operations and activities of the government by disclosing the agency regulations that are likely to be evaluated and altered. Due to the broad scope of Executive Order 13777, these regulations can apply to virtually every issue that the government works on, impacting people's lives in a wide variety of ways.
The Sierra Club and its supporters have demonstrated interest and expertise in the subject area, specifically the development of standards designed to responsibly manage our nation's energy sources and waterways.
III. Media Requester Status
In addition to the public interest fee waiver, I ask to be properly categorized as a representative of the news media. The bulk of my professional duties at the Sierra Club entails planning and writing content about public policy, including composing mass communications to our followers, analyzing FOIA responses, and coordinating press outreach. Here are some examples that resulted from my work:
The Sierra Club has the ability and intention to disseminate the information it receives through this request. The information may be shared through emails to an audience reaching into the millions, Facebook and Twitter posts reaching tens of thousands of followers, articles on our often-visited website, and analysis provided to the media.
IV. Exempt Records
Should you decide to invoke a FOIA exemption with regard to any of the requested records, please include in your response letter sufficient information for an appeal, including:
1. Basic factual material about each withheld item, including the originator, date, length, general subject matter, and location of each item.
2. Explanations and justifications for denial, including the identification of the category within the governing statutory provision under which the document (or portion thereof) was withheld and a full explanation of how each exemption fits the withheld material.
If you determine that portions of a requested record are exempt from disclosure, please redact the exempt portions and provide the remainder of the record.
V. Record Delivery
I would prefer the request be filled electronically, by e-mail attachment if available or CD-ROM if not. In the event that there are fees, please inform me of the total charges in advance of fulfilling my request.
Please produce the records on a rolling basis; at no point should the search for – or deliberation concerning – certain records delay the production of others that the agency has already retrieved and elected to produce.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Dear Mr. Rony:
Please see the attached in response to your FOIA request.
Mary Alice Smith
U.S. Army Corps of Engineers
HECSA - Office of Counsel
7701 Telegraph Road
Alexandria, VA 22315
THIS IS A PRIVILEGED COMMUNICATION -ATTORNEY-CLIENT/ATTORNEY WORK-PRODUCT.
DO NOT RELEASE UNDER FOIA.
NOTICE: This email and any attachments constitute non-public information
and may contain legally privileged and confidential information intended
solely for the use of the addressee(s). If you are not the intended
recipient, any reading, dissemination, distribution, copying or other use of
this email, including attachments, is prohibited and may be unlawful. If
you have received this message in error, please delete it, including all
copies and backups, and notify me immediately by telephone at (703) 428-8160
or by email at Mary.A.Smith@usace.army.mil. Thank you.
Thank you for your June 6th response to my FOIA request (number FP-17-020667). Would you be willing to disclose how your search was conducted for those records?
We contacted the USACE lead for the Regulatory Reform Task Force. He informed us that USACE has not yet provided any formal evaluations, recommendations, or progress reports to the Regulatory Reform Task Force regarding the repeal, replacement, or modification of existing Army Corps of Engineers regulations pursuant to the regulations you referenced.
U.S. Army Corps of Engineers
7701 Telegraph Road
Alexandria, VA 22315-3860
Office Phone: (703) 428-6161
Thank you very much, Mr. Roberts, for your help. I appreciate it.