The BQ validation appeal case has been selected for Oral Argument by the Ninth Circuit Court of Appeals. The argument will be scheduled for around the second half of this year.
The day prior to the court ordered deadline to produce records for Rojas v. FAA 5, the agency emailed for a three week extension of time. As part of that request, the agency asserted that it may be withholding documents as well. We opposed, and after several iterations, the language of the extension was finalized, and filed a few hours before the Court’s original deadline.
The extension of time only applies to one of the FOIA requests at issue.
Noteworthy is that the agency released 40 pages, of the many listed on the Vaughn Index, for the request they are requesting the extension for, despite there being many more documents listed in the Index. We are currently reviewing the production, but are also concerned as to why the FAA has not released records responsive to the other requests yet.
More coming soon….
The judge has yet to approve this extension of time.
Less than 10 days remain for the FAA to comply with Judge G. Murray Snow’s order. The Judge held, in early December, that the FAA had improperly withheld hundreds of documents concerning the Shelton Snow investigation. The FAA was then given six weeks to comply at a hearing one month thereafter.