List of histories (Environmental Protection Agency)
| Tracking # |
EPA-HQ-2018-008786 |
| Multi Request | List of histories |
| Submitted | June 16, 2018 |
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Communications
From: Emma North-Best
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Lists, indices or other records that describe or enumerate any historical studies produced or commissioned by the agency's historical staff or various offices/subdivisions. These documents will be used, among other things, to identify individual histories that are of interest to the public, which will then be requested in a separate FOIA request.
I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.
Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media.
Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category.
As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.
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,
Emma Best
From: Environmental Protection Agency
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=090004d28198a45f)
* Tracking Number: EPA-HQ-2018-008786
* Requester Name: Emma Best
* Date Submitted: 06/19/2018
* Request Status: Submitted
* Description: To Whom It May Concern: Pursuant to the Freedom of Information Act, I hereby request the following records: Lists, indices or other records that describe or enumerate any historical studies produced or commissioned by the agency's historical staff or various offices/subdivisions. These documents will be used, among other things, to identify individual histories that are of interest to the public, which will then be requested in a separate FOIA request. I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. 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, Emma Best
From: Environmental Protection Agency
Your request for Fee Waiver for the FOIA request EPA-HQ-2018-008786 has been determined to be not applicable as the request is not billable. Additional details for this request are as follows:
* Request Created on: 06/19/2018
* Fee Waiver Disposition Reason: N/A
* Request Long Description: To Whom It May Concern: Pursuant to the Freedom of Information Act, I hereby request the following records: Lists, indices or other records that describe or enumerate any historical studies produced or commissioned by the agency's historical staff or various offices/subdivisions. These documents will be used, among other things, to identify individual histories that are of interest to the public, which will then be requested in a separate FOIA request. I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. 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, Emma Best
From: Environmental Protection Agency
06/21/2018 06:58 AM FOIA Request: EPA-HQ-2018-008786
From: Environmental Protection Agency
06/21/2018 02:58 PM FOIA Request: EPA-HQ-2018-008786
Please see attached letter.
From: Emma North-Best
The request was more than detailed enough (as affirmed by various OGAs), and the request for the author of the indices reveals that the EPA either didn't read the request or didn't think of what they were writing. The time frame request is not applicable. Please process the request as is.
From: Environmental Protection Agency
EPA-HQ-2018-008786 has been processed with the following final disposition: Full grant.
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