FOIA Update: Who Owns Keystone XL Map Data?

One freelance journalist for the New York Times told me that he was not surprised that my FOIA requests were being turned down and delayed. An administrator for Al Jezzira said that my FOIA would be granted if I sued. I find it curious that the media accepts FOIA shenanigans as normal and has yet to challenge to any significant degree the obfuscation surrounding the Keystone environment impact statements.

On September 12, 2014 I filed a second FOIA for documentation supporting the Department of State’s (DoS) previous denial of my FOIA request for Keystone mapping data, namely for the third party contracts supporting the DoS contention that the Keystone mapping data is not the property of the DoS. My second FOIA request is below and echoes my previous appeal letter to OGIS, featured in this blog here. From the response to my appeal for expedited processing, it appears that neither this second FOIA request or my appeal for expeditious processing has been read.

In his December 23, 2014 letter (below) denying my request of expeditious processing, Mr. Hackett, Acting Director, Office of Information Programs and Services, states:

Expeditious processing is granted only in the following situations:
(1) Imminent threat to the life or physical safety of an individual;
(2) Urgently needed by an individual primarily engaged in disseminating information in order to inform the public concerning actual or alleged Federal Government activity and the information is urgently needed in that a particular value of the infonnation would be lost if not disseminated quickly;
(3) Substantial humanitarian reasons; and
(4) Loss of substantial due process rights.

As my letters of September 10, 2014 (below) and October 8, 2014 make clear, my FOIA request qualifies for expedited processing under item #2 above.

This seems to be denial by rubber stamp. The Department of State estimates a completion date of July 15, 2015 for this request.

FOIA Request F-2014-16267

Department of State FOIA Request F~2014-16267, page 1
Department of State FOIA Request F~2014-16267, page 2
Department of State FOIA Request F~2014-16267, page 3
Department of State FOIA Request F~2014-16267, page 4
Department of State FOIA Request F~2014-16267, page 5
Department of State FOIA Request F~2014-16267, page 6
Department of State FOIA Request F~2014-16267, page 7

Response to Appeal for Expeditious Processing

Department of State Appeal for Expeditious Processing rejetion letter
Department of State Appeal for Expeditious Processing rejetion letter