Lawsuit challenging NOAA Fisheries'  repeated failure to timely produce public information in response to requests under the Freedom of Information Act (FOIA), including challenges to agency regulations inconsistent with the FOIA.

July 3, '08 - ONDA files 28(j) letter to highlight further authority in our favor concerning the proper retroactive application of the 2007 OPEN Government Act amendments to the FOIA; also responds to Commerce's further 28(j) letter concerning the "cross-appeal rule."

May 20, '08 - ONDA responds to Commerce's own 28(j) letter.

May 19, '08 - Ninth Circuit refers ONDA's motion to dismiss Commerce's appeal to merits panel.

May 15, '08 - ONDA files 28(j) letter altering Court to yet another district court decision applying 2007 OPEN Government Act amendments to FOIA to pending litigation.

May 1, '08 - ONDA files 28(j) letter alerting Court to a recent district court decision ruling that Congress's 2007 OPEN Government Act applies to ongoing litigation, the same position ONDA has argued in its motion to dismiss Commerce's appeal.

Mar. 19, '08 - ONDA files reply in support of motion to dismiss Commerce's attorney fee appeal.

Feb. 26, '08 - ONDA moves to dismiss Commerce's appeal of district court fee award decision, based on OPEN Government Act amendments to the FOIA, which reaffirm Congress's intent that Buckhannon does not apply to the FOIA.

June 14, '07 - ONDA files 28(j) letter with Court concerning two recent Ninth Circuit decisions relevant to ONDA's prevailing party and waiver arguments on appeal.

May 2, '07 - ONDA files answering brief in Ninth Circuit, arguing Commerce waived its mootness- and relief-based arguments by only appealing the fee award decision and not the merits; also includes discussion of the courts' broad authority to hear pattern and practice claims and to issue appropriate relief under the FOIA.

Mar. 2, '07 - Department of Commerce files opening Ninth Circuit brief in appeal of district court's award of attorney fees and costs under the FOIA.

Aug. 7, '06 - Court issues important fees decision in FOIA case, including key ruling on Supreme Court's Buckhannon decision.

June 1, '06 - Department of Commerce amends its cut-off date FOIA regulation, which was found unlawful and enjoined by the district court in ONDA's successful FOIA lawsuit.

Apr. 26, '06 - Court issues final judgment that Department of Commerce's date-of-receipt cut-off regulation for processing Freedom of Information Act requests is illegal; enjoins agencies from using it in future.

Mar. 2, '06 - Court rules Dep't of Commerce date-of-request cut-off date regulation is unlawful under Freedom of Information Act; ruling will help citizens obtain timely access to public records.

Jan. 9, '06 - Court rules (PDF* 90K) in ONDA's favor in FOIA case against NOAA Fisheries.

Aug. 30, '05 - ONDA files reply (PDF* 88K) in FOIA case over unlawful Department of Commerce "referral" and cutoff date regulations.

July 11, '05 - ONDA files opening brief (PDF* 181K) in Freedom of Information Act case; argues NOAA Fisheries' document "referral" procedure and date-of-request "cut-off policy" unlawful under FOIA and inhibit ONDA's ability to obtain and use public information.

Feb. 14, '05 - ONDA sues NOAA Fisheries (PDF* 56K) over unlawful FOIA consultation regulation resulting in significant delays in processing FOIA requests. One such request for ESA consultation-related documents on effects of grazing on steelhead took NOAA over 10 months to complete. Lawsuit also addresses agency's unlawful use of a "date-of-request" cut-off date for producing responsive documents pursuant to FOIA.

Dec. 10, '04 - ONDA files appeal with Dept. of Commerce (PDF* 39K) over NOAA Fisheries' failure to provide documents under Freedom of Information Act (FOIA) and unlawful FOIA regulation. The Department of Commerce FOIA regulations state that “[i]f a component receives a request for a record in its possession in which another Federal agency subject to the FOIA has the primary interest, the component shall refer the record to that agency for direct response to the requester.” 15 C.F.R. § 4.5(b). Because the Supreme Court has defined "agency records" as records either created or obtained by an agency and in the agency's possession at the time of request, NOAA Fisheries must provide the requested documents to ONDA rather than delaying production by forwarding the request to other agencies.