FOIA Fee Waiver Request
FOIA mandates a waiver or reduction of fees associated with a request if “disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(A)(iii).
The former Victorville Army Air Field/George Air Force Base, CA, is a Superfund site, “EPA Superfund ID: CA2570024453,” and is one of the most contaminated sites in the country. Approximately 100,000 men, women, and children were forced to work, live, and attend school at George AFB from 1941 to 1992. Given the nature and extent of the contamination at George AFB, consisting of elevated levels of many toxic substances to which we received repeated and prolonged exposure, it is unreasonable to believe that thousands of us were not adversely affected by our exposure to the contaminants.
About George AFB, CA – Hazardous Toxic & Radioactive Waste (George AFB – HTRW)
I (Frank Vera) am the owner and operator of the website, Facebook groups, and Newsletter “George AFB – HTRW.” The members of George AFB – HTRW are a loose-knit collation of over one thousand members who were injured or lost a family member(s) because of an exposure to the contamination at George AFB.
George AFB – HTRW’s primary function is to act as a watchdog public advocacy group(1) for those who were injured by their exposure to the contamination at George AFB, and to ensure that Veterans and their family members have the necessary documentation of the numerous Completed Exposure Pathways (CEPs) at George AFB so that Veterans can win their VA and Social Security disability case.(2) Through the use of documents obtained and posted on the website and Facebook pages, several members have already won their VA C&P claims for toxic injuries which were the result of exposure to toxins at George.(3) To accomplish this objective, I have filed dozens of FOIA requests and MDRs to get the necessary records declassified, if necessary, and released and published on our website (www.GeorgeAFB.Info).
Our website routinely gets over 10,000 unique visitors a month and has hundreds of articles summarizing records which were released under FOIA, with links to the gibibytes of original documents which were declassified and/or released. The released records and articles are ALWAYS provided for free and NEVER behind a paywall.
FOIA and George AFB miscarriages in the news
There are 200 to 300 families who lost from 1 to 7 children at or shortly after leaving George AFB. This number includes the girls who grew up in the Base Housing and could not carry a child to full term (miscarriage and stillbirth) after their exposure to the toxins at George AFB. The issue of the extremely high miscarriage rate at George AFB was discussed in the news article, “Why women were told ‘Don’t get pregnant at George Air Force Base,’” Military Times and Air Force Times, June 20, 2018. https://www.militarytimes.com/news/your-military/2018/06/20/why-women-were-told-dont-get-pregnant-at-george-air-force-base/ This is just one of dozens of news articles(4) about the health issues associated with George AFB which was published using information declassified and/or released under FOIA.
In closing
I have made a reasonable prima facia case (5) for a fee waiver and ask that you honor my request and grant the fee waiver. I have shown why I want the records, what I intend to do with them, to whom and how I plan to distribute the records; that past FOIA releases have resulted in news articles in prominent publications, and have helped Veterans win their VA disability case, enabling them to qualify for medical care and compensation for their Service-Connected disabilities.
- Better Gov’t Ass’n v. Department of State, 780 F.2d 86, 88-89 (D.C. Cir. 1986) (fee waiver intended to benefit public interest watchdogs)
- NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 143 n. 10 (1975)
- Attachment 1 – Terri Crooks
- Attachment 2 – A partial list of news articles
- Friends of the Coast Fork v. U.S. Dept. of Interior, 110 F 3d. 53, 55 (9th Cir. 1997)
Attachment 1
Crooks VA Claim George AFB_Redacted
Attachment 2
How Prisons Are Poisoning Their Inmates
By: Michael Waters
The Outline – July 23, 2018
Why women were told ‘Don’t get pregnant at George Air Force Base’
By: Tara Copp
Military Times – June 20, 2018
Pentagon dumps tons of hazardous waste yearly without disclosing pollution harm – Video
RT America – August 28, 2017
The military’s toxic water problem – Podcast
By Jimmy Williams speaks with Adrienne St. Clair
DecodeDC – August 21, 2017
Military bases’ contamination will affect water for generations
By Corinne Roels, Briana Smith and Adrienne St. Clair
News 21 – August 14, 2017
George Air Force Base, Victorville, California – Video
By Corinne Roels, Briana Smith and Adrienne St. Clair
News 21 – August 8, 2017
Why The EPA Is Allowing Contaminated Groundwater To Go Untreated
By Dan Ross
Newsweek – March 9, 2017
Novel Strategy for Dealing with Toxic Contamination: Do Nothing
By Daniel Ross
FairWarning – February 28, 2017
Air Force’s High Desert Legacy: Untold & Unknown Contamination Levels
By Daniel Ross
San Bernardino County Sentinel – April 23, 2016
“I’m Mad as Hell”: Air Force Members Blame Health Horrors on Toxic Exposure
By Daniel Ross
Truthout – April 17, 2016
Air Force Less Than Clear On Extent Of Nuclear Contamination At GAFB
By Mark Gutglueck
San Bernardino County Sentinel – May 17, 2015
Lahontan: SCLA project unsafe
By Shea Johnson
The Daily Press – December 25, 2014
The Real Deal with Jim Fetzer podcast
By Jim Fetzer – July 26, 2013
The view from being thrown under the bus
By Ed Mattson
Veterans Today – June 23, 2013
Part II…The view from under the bus
By Ed Mattson
Veterans Today – June 30, 2013
GAFB Airman [Frank Vera] Exposed to Radiation
By Mark Gutglueck
Desert Mountain Express – July 1, 1994
Ex-officers: Air Force lied about range
The Daily News – May 7, 1990
Low-level radioactive dump discovered at George AFB
By Willian Couey
The Daily Press – September 1, 1985
DC Circ. Clarifies FOIA Public-Interest, Media Fee Waivers
A three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit recently rejected a lower court ruling under the Freedom of Information Act that had imposed burdensome requirements on a fledgling nonprofit’s eligibility for public-interest or news-media fee waivers.
The court of appeals’ decision in Cause of Action v. Federal Trade Commission — the first ruling in more than two decades to address the issue — will make it more difficult for agencies to deny fee waivers to the news media and other organizations serving the public’s interest. …
https://www.law360.com/articles/703552/dc-circ-clarifies-foia-public-interest-media-fee-waivers
Court upholds broad FOIA fee exemption for media & groups
Advocacy groups and nontraditional news outlets should have an easier time avoiding fees under the Freedom of Information Act under a decision issued Tuesday by a federal appeals court in Washington.
The ruling from a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said the Federal Trade Commission and a district court had been too dismissive of fee waivers sought by a fledgling conservative group, Cause of Action, when it filed FOIA requests with the FTC. …
http://www.politico.com/blogs/under-the-radar/2015/08/court-upholds-broad-foia-fee-exemption-for-media-groups-212930
The ruling U.S. Court of Appeals for the D.C. Circuit (posted here)
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