The event topic is “Foreseeable Harm,” a now-codified standard that is being tested in the courts. In 1993, Attorney General Janet Reno set new FOIA policy with the “foreseeable harm” standard, saying that “. . . .it shall be the policy of the Department of Justice to defend the assertion of a FOIA exemption only in those cases where the agency reasonably foresees that disclosure would be harmful to an interest protected by that exemption.” Fast forward to 2016 when President Obama signed into law the FOIA Improvement Act of 2016 on June 30 that codified the “foreseeable harm” standard and sunset the deliberative process privilege. In late 2017 we see the first court case coming out of California with the Ecological Rights Foundation v. Federal Emergency Management Agency. The court found that the Agency failed to meet its obligation under the new standard. Then in 2018, we have Carol Rosenberg, et al., v. U.S. Department of Defense, in which the United States District Court for the District of Columbia gave more teeth to the standard.
Join us for a discussion led by Anne Weismann and Bill Holzerland on how agencies should be applying this new standard to the everyday processing of FOIA requests. Also, this also is a great opportunity to meet up with your colleagues and meet new peers in the FOIA, Privacy and Records communities.
DATE: March 27, 2019
TIME: 12:00 PM – 1:30 PM –The presentation begins at 12:35 pm.
PLACE: Lafayette Center - 1120 20th Street, N.W. Washington, D.C. BUILDING 1 SOUTH, Lower Level. The Lafayette Center is a complex of three brick buildings and is on 20th Street, between L and M Streets. There is also access from 21st Street.
MENU: A selection of boxed lunches, including a vegetarian option, along with iced tea and water will be provided. If you would like to bring your own food and drink, please do so!
COST: Registration/Tuition Fees are for the Training Event (A light lunch is available, courtesy of ASAP.
UP TO 12 pm on March 20: ASAP Members = $15 and Nonmembers = $20
AFTER 12 pm on March 20: ASAP Members = $20 and Nonmembers = $25
Registrations after March 20th will be available on a case-by-case basis due
to planning and building security purposes
How Do I get there? We recommend Metro. The closest Metro stops are on the Red Line, either Dupont Circle (walk southwest) or Farragut North (exit at L & Connecticut Streets, walk west to 20th Street and take a right. Our buildings are also accessible via the D6 bus. To plan your trip click here!
I’m driving. Where can I find convenient parking? – There are quite a few garages very near the site. The Lafayette Center Parking garage is $9 an hour and accessible from 20th or 21st Street. Additional details on the Lafayette Center garage are available here. There are also public garages located on 20th Street, between L and M. ASAP reminds you not to text and drive.