As an addendum to my December post chronicling the latest delay in my five-year FOIA saga with the Department of State (DoS), the Office of Government Information Services (OGIS) has informed me that the DoS has pushed their estimated response dates back six months to May and July of this year. The OGIS is the governmental body tasked with overseeing FOIA compliance and whose mission it is to resolve disputes between government agencies and requesters.
As readers of this blog know, my FOIA requests for the Keystone XL pipeline milepost data began in 2011. Initially the DoS claimed not to have the data, only to later say that the data did not belong to them. The DoS obviously knows where the milepost data is as it is referenced tens of thousands of times in their environmental impact statements and is required in order to interpret their analysis. We know that the records belong to the DoS because the Keystone XL Master Service Agreement with ERM says so. We also know that the Keystone XL data is in the public domain as Keystone routing data has been made public by the states crossed by the pipeline. The route is also visible on Google Earth.
According to the OGIS:
OGIS’s Mediation Team Lead was able to get a new estimated date of completion for your two FOIA requests. Unfortunately, State Dept. is overwhelmed with the several FOIA lawsuits concerning the former Secretary Clinton’s emails which has resulted in many cases that State had estimated to work and complete by December fall back into their backlog queue.
While it is helpful that OGIS has obtained the status of my FOIA requests from the DoS, I have suggested to them that, considering the DoS’ record of obfuscation and delay, a substantial conversation with the DoS is certainly in order.
It was in 2011, under Secretary Clinton’s tenure at the DoS, that my FOIA adventure began. Secretary Clinton was initially a proponent of the Keystone XL — until September of last year when she declared it a distraction. President Obama rejected TransCanada’s cross-border Keystone XL application shortly thereafter in November of 2015.
Meanwhile, TransCanada has filed two lawsuits for $15 Billion against the United States under provisions in the NAFTA Treaty.