USACE Minnesota Frog

Jimmy Tobias filed this request with the U.S. Army Corps of Engineers of the United States of America.
Tracking #

FP-21-025063

Est. Completion None
Status
Partially Completed

Communications

From: Jimmy Tobias

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

All written or electronic communications, including e-mail attachments, sent or received by USACE staffers Trevor Cyphers and/or Steven Clark that refer or relate to Blanchard's cricket frogs and/or cricket frogs in Mississippi River Pool 2. This request also seeks records by Mr. Cyphers and/or Mr. Clark that contain one or more of the following key words or phrases: "cricket frogs", "cricket frog", "lock and dam 2 protective island", "lock and dam pool 2 embankment", and/or "EAW". This request also seeks all email communications between the aforementioned USACE staffers and staff at the Minnesota DNR. This request seeks records produced since January 1, 2020.

I am a reporter for the Guardian, the Nation and other outlets.

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,

Jimmy Tobias

From: U.S. Army Corps of Engineers

Dear Mr. Tobias,

This is to acknowledge receipt of your Freedom of Information Act (FOIA) request for Request for (1) all written or electronic communications, including e-mail attachments, sent or received by USACE staffers Trevor Cyphers and/or Steven Clark that refer or relate to Blanchard's cricket frogs and/or cricket frogs in Mississippi River Pool 2; (2) records by Mr. Cyphers and/or Mr. Clark that contain one or more of the following key words or phrases: "cricket frogs", "cricket frog", "lock and dam 2 protective island", "lock and dam pool 2 embankment", and/or "EAW"; and (3) all email communications between the aforementioned USACE staffers and staff at the Minnesota DNR. This request seeks records produced since January 1, 2020. Your request has been assigned tracking number FP-21-025063.

My office is responsible for administering the FOIA requests for the USACE Headquarters Offices. I have reviewed your request and determined that, if records exist, they would be located at the St. Paul District. Therefore, I am transferring your FOIA request to the St. Paul District FOIA Officer, who will reply to you directly with regard to your request. I have included the St. Paul District FOIA Office contact information below should you wish to contact them directly.

CEMVP-OC
180 Fifth Street East, Suite 700
St. Paul, MN 55101-1678
foia-mvp@usace.army.mil<mailto:foia-mvp@usace.army.mil?subject=FOIA>
Phone: 651-290-5496
Fax: 651-290-5758

Best regards,

Mary Alice Smith
Paralegal Specialist
U.S. Army Corps of Engineers
HECSA - Office of Counsel
7701 Telegraph Road
Alexandria, VA 22315
703-428-8160 (office)
703-428-7221 (fax)
Mary.A.Smith@usace.army.mil

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.

From: U.S. Army Corps of Engineers

Mr. Tobias,

The U.S. Army Corps of Engineers, St. Paul District received your FOIA request below.

Before we begin processing your request, please respond to this email and confirm that requests@muckrock.com<mailto:requests@muckrock.com> works, or provide me with an alternative email address to send the responsive documents. The documents will likely be too large to send via email, so a download link will be sent via a service called DoD SAFE.

Respectfully,

Simon Rutherford
Assistant District Counsel
US Army Corps of Engineers, St. Paul District
180 5th Street East, Suite 700
St. Paul, MN 55101
(651) 290-5538

Attorney-Client Privileged/Attorney Work-Product/Do Not Forward Outside USACE/Do Not Release under FOIA

From: Jimmy Tobias

Hi Simon,

Thank you for the update.

Please send any future correspondence about this request to jimmytobias@protonmail.com

I appreciate it.

Jimmy Tobias

From: U.S. Army Corps of Engineers

Mr. Tobias,

We are still processing this FOIA request. I do not have an exact estimate as to when you will receive the responsive documents; however, I am striving to have this completed in the next few weeks.

Respectfully,

Simon Rutherford
Assistant District Counsel
US Army Corps of Engineers, St. Paul District
180 5th Street East, Suite 700
St. Paul, MN 55101
(651) 290-5538

Attorney-Client Privileged/Attorney Work-Product/Do Not Forward Outside USACE/Do Not Release under FOIA

From: U.S. Army Corps of Engineers

Mr. Tobias,

Please find the attached Determination Letter for your FOIA request. Processing this request is taking longer than anticipated, so I will begin releasing records on a rolling basis, starting with Batch 1 attached. Expect more shortly, likely on a weekly basis, until all responsive documents are released. Thank you for your patience during this process.

If you have any questions concerning this request, you may email me directly.

Respectfully,

Simon Rutherford
Assistant District Counsel
US Army Corps of Engineers, St. Paul District
180 5th Street East, Suite 700
St. Paul, MN 55101
(651) 290-5538

Attorney-Client Privileged/Attorney Work-Product/Do Not Forward Outside USACE/Do Not Release under FOIA

From: Jimmy Tobias

Hello, when can I expect further production for this request?

Jimmy Tobias

From: U.S. Army Corps of Engineers

Mr. Tobias,

My apologies for the delay. You can expect another batch of documents this week and I will make sure to be more consistent in sending you your documents.

Respectfully,

Simon Rutherford
Assistant District Counsel
US Army Corps of Engineers, St. Paul District
180 5th Street East, Suite 700
St. Paul, MN 55101
(651) 290-5538

Attorney-Client Privileged/Attorney Work-Product/Do Not Forward Outside USACE/Do Not Release under FOIA

From: Jimmy Tobias

Thank you for the update and for the forthcoming documents.

Sincerely,

Jimmy Tobias

From: U.S. Army Corps of Engineers

Mr. Tobias,

Please find Batch 2 attached. You can expect another batch next week.

Respectfully,

Simon Rutherford
Assistant District Counsel
US Army Corps of Engineers, St. Paul District
180 5th Street East, Suite 700
St. Paul, MN 55101
(651) 290-5538

Attorney-Client Privileged/Attorney Work-Product/Do Not Forward Outside USACE/Do Not Release under FOIA

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