Multimedia and Photography Project Examining Proposed Keystone XL Pipeline

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DoS FOIA Delays Doubled: A Bug or Feature?

map of California as an islandIn a recent email updating the status of my FOIA case, the Department of State (DoS) claims that, due to an increase in FOIA lawsuits, FOIA response times have doubled. The response times are already hopelessly behind the 21 days mandated by Congress. The Keystone Mapping Project has been waiting nearly four years for an adequate response to it’s FOIA requests.

Despite the rejection of the Keystone XL pipeline permit by the White House last month, TransCanada has vowed to revive the pipeline at a future date. The DoS’ most recent estimates for my two outstanding FOIA requests were December 2015 and July 2016. For all intents and purposes, another promised deadline has passed. In an October email the DoS blamed an increase of FOIA lawsuits on the inordinate delay:

There has also been a marked increase in the number of FOIA lawsuits filed against the Department in recent years. In FY 2014, the Department experienced a 60 percent increase in FOIA lawsuits, which presented challenges that have impeded the Department’s best efforts to process material quickly. In FY 2015, 59 new FOIA lawsuits were filed against the Department, which is a 103 percent increase when compared to the same time period during the prior fiscal year, and is more than the total number of FOIA suits filed against the Department in the entirety of FY 2014.

This significant increase in the number of FOIA lawsuits is drawing on limited and already over-burdened resources and has necessitated the continued realignment of resources to meet court-imposed deadlines associated with this increase in litigation.

If my FOIA requests are any indicator of the larger trend, it seems that the DoS may have brought this backlog upon themselves by denying requests for dubious reasons. Clearly the Keystone XL pipeline’s mapping data required for evaluation of the Keystone FEIS, SEIS, and FSEIS, as well as the contracts and agreements with the authors of those reports, are the property of and in the possession of the DoS. That the DoS has projected months and years of delay in producing these documents is baffling, particularly now that the Keystone XL has been rejected by the White House. By encouraging lawsuits, the DoS only further degrades FOIA response times.

One has to wonder if such delays are a bug or a feature.

Over the intervening years of the Keystone battle alternative pipelines have been built to skirt the delayed northern segment of the Keystone XL. In 2013 the White House fast tracked permitting of the southern Gulf Coast segment by approving a Keystoe Nationwide Permit 12, thereby sidestepping environmental review on hundreds of pipeline waterbody crossings. Opening of the Gulf Coast segment relieved a petroleum delivery bottleneck to Texas refineries. This not only accelerated tar sands delivery to world markets from alternative pipelines, but also increased midwest gas prices by lowering the cost of delivery of unrefined midwest oil to domestic markets.

Now, just in time for Christmas, more deals have come down the chimneys of the fossil fuel industry. Only a week after Paris COP 2, while you were distracted by the hysteria over wars with fanatics in a desert far, far away (the real ones for oil, the imagined for merchandising), Congress lifted the oil export ban (see KMP posts on the ban). This will further flood world markets with cheap American domestic oil and fracked natural gas.

Saving gas is no longer for patriots, but chumps.

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