FOIA March Madness 2017 - IV - Appeal logs, procedures, letters, opinions (Environmental Protection Agency)

Beryl Lipton filed this request with the Environmental Protection Agency of the United States of America.
Tracking # EPA-HQ-2017-004889
Status
Completed

Communications

From: Beryl Lipton

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

1. Any available log of appeals submitted to this agency or the agency tasked with processing Freedom of Information Act appeals for this division. Please provide such logs for the period from January 1, 2015 through December 31, 2016. Please, if possible, include with the log the following items:
• the request number associated with the FOIA in question
• the appeal number assigned to the appeal
• the description of the subject matter addressed by the request
• the division or office of initial receipt
• the date on which the appeal was received
• the date on which the appeal was closed
• the determination or final disposition status of the appeal

2. All appeal letters and opinion letters associated with appeals for which the determination was to reverse, in whole or in part, the decision of the initial request agency. Please provide such letters for appeals closed during the period from January 1, 2015 through December 31, 2016.

3. All appeal letters and opinion letters associated with appeals for which the determination was to remand the request to the appropriate agency. Please provide such letters for appeals closed during the period from January 1, 2015 through December 31, 2016.

4. All appeal letters and opinion letters associated with appeals for which the determination was to affirm the decision of the initial agency. Please provide such letters for appeals closed during the period from January 1, 2015 through December 31, 2016.

5. Any instructive or guiding materials provided to and/or utilized by employees of this department’s Freedom of Information Act office. Please include any manuals, procedural materials, reference guides, checklists, training materials, flow charts, directives, memorandums, legal decisions, presentations, or similar material used in the process of an appeal by this office or the office tasked to process FOIA appeals for this office. Any guiding materials used for the preparation of an appeal package should be considered responsive to, though not the entirety of, this element of this request.

6. The name and contact information for the appropriate appeal authority to whom appeals for this agency should be directed. If such information exists as part of a template letter sent to requesters, provision of this document will be considered satisfactory.

Please provide responsive materials on a rolling basis.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

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.

Sincerely,

Beryl Lipton

From: foia_hq@epa.gov

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2811ebaa9)
* Tracking Number: EPA-HQ-2017-004889
* Requester Name: Beryl Lipton
* Date Submitted: 03/14/2017
* Request Status: Submitted
* Description: Requesting any available log of appeals submitted to this agency or the agency tasked with processing Freedom of Information Act appeals for this division. Please provide such logs for the period from January 1, 2015 through December 31, 2016

From: Kelly, Lynn

Hello Ms. Lipton,

I am writing in reference to the above-referenced appeal, dated March 14, 2017, seeking certain documents relating to FOIA appeal determinations for the period of January 1, 2015 - December 31, 2016, as described more fully in your request. I am working with LaShawn Williams, copied here, to respond to your request. We were wondering if you would be available to speak with us regarding your request so that we can explain what we have been able to identify so far that is responsive, obtain clarification regarding a few portions of your request, and then discuss a schedule for production.

Is there a convenient time to touch base regarding your request, and a number where you can be reached? Please let me know and we can be available to discuss. Thank you!

Lynn Kelly | US EPA | Office of General Counsel | 1200 Pennsylvania Ave., NW | WJC North, Mail Code 2377A | Washington, DC 20460 | phone: (202) 564-3266
The contents of this e-mail and any attachments to it may contain deliberative-process, attorney-client, attorney work product, or otherwise privileged material. If you are not the intended recipient, or believe you have received this communication in error, please delete the copy you received, and do not print, copy, retransmit, disseminate, or otherwise use the information. Thank you.

From: Kelly, Lynn

My apologies, my email below contained a typo - the first sentence should say "above-referenced request" as this is in reference to a request, not an administrative appeal. Sorry for any resulting confusion!

Lynn Kelly | US EPA | Office of General Counsel | 1200 Pennsylvania Ave., NW | WJC North, Mail Code 2377A | Washington, DC 20460 | phone: (202) 564-3266
The contents of this e-mail and any attachments to it may contain deliberative-process, attorney-client, attorney work product, or otherwise privileged material. If you are not the intended recipient, or believe you have received this communication in error, please delete the copy you received, and do not print, copy, retransmit, disseminate, or otherwise use the information. Thank you.

From: Williams.Lashawn@epA.gov

Ms. Lipton,
EPA-HQ-2017-004889 has been approved for an interim release. The included document is the responsive record you seek in category 1 of your request.
In addition, Lynn Kelly in my office contacted you on March 29, 2017 seeking clarification of portions of your request but has not recieved a response.  Pursuant to 40 C.F.R. 2.102(c), my office is contacting you again to seek clarification of the remaining portions of your request, as written.  Please contact Lynn Kelly at 202-564-3266 or at kelly.lynn@epa.gov within 5 business days of this notice to discuss your request.  If we do not hear from you within that time frame, EPA will consider the remaining portions of your request withdrawn and will close your request. (mailto:kelly.lynn@epa.gov)
Records were released to the public as a result of this request. You may retrieve these records immediately using the following link: View Records.Over the next 2 hours, these records are also being added to FOIAonline's search pages, further enabling you to retrieve these documents associated with your FOIA request at any time. (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2811ebaa9)

From: Williams.Lashawn@epA.gov

Dear Ms. Lipton,
EPA provided you with responsive documents on April 25, 2017.  EPA had previously contacted you on March 29, 2017 seeking clarification of your request.  In our April 25, 2017 letter to you, we again requested that you contact EPA to clarify your request.  We requested that you contact EPA within 5 business days or the Agency will consider your request withdrawn.  Because we have not recieved a response, EPA is closing the remainder of your request as withdrawn.  Please contact Lynn Kelly at kelly.lynn@epa.gov if you have any questions concerning this response. Thank you. (mailto:kelly.lynn@epa.gov)
EPA-HQ-2017-004889 has been processed with the following final disposition: Request withdrawn.
Records were released to the public as a result of this request. You may retrieve these records immediately using the following link: View Records.Over the next 2 hours, these records are also being added to FOIAonline's search pages, further enabling you to retrieve these documents associated with your FOIA request at any time. (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2811ebaa9)

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