Security estoppel, or “procedure preclusion,” as well as may foreclose after that said of an excellent FOIA match

Security estoppel, or “procedure preclusion,” as well as may foreclose after that said of an excellent FOIA match

Payne Enterprises v. United states, (207) however, the Court of Appeals for the District of Columbia Circuit held that when records are routinely withheld at the initial processing level, but consistently released after an administrative appeal, and when this situation results in continuing injury to the requester, a lawsuit challenging that practice is ripe for adjudication and is not subject to dismissal on the basis of https://kissbrides.com/no/victoriabrides-anmeldelse/ mootness. (208) The defendant agency’s “voluntary cessation” of that practice in Payne did not moot the case when the plaintiff challenged the agency’s plan as an unlawful, continuing wrong. (209) Although Payne has been used as the springboard for suits by plaintiffs contending that individual agencies have engaged in a “pattern and practice” of ignoring their obligations under the FOIA, in most of these cases plaintiffs have not found a sympathetic reception to their complaints. (210)

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