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Jun 14 18

April 2018 FOIA Litigation with Five-Year Monthly Trends

by FOIA Project Staff

During the month of April 2018 federal district courts saw a total of 100 new Freedom of Information Act (FOIA) lawsuits filed under 5 U.S.C. 552. To place this number in perspective, 100 new filings compares with a monthly average of 71 filings during the last 12 months. This month’s total brought overall FOIA filings on an annual basis for these last 12 months to 857.

The figure below provides a more detailed view of monthly trends during the past five years. The height of each bar reflects the number of filings in that month. To see the actual filing count mouse over any bar. The superimposed line over the bars is the moving 12-month average. It is computed by adding up the 12 months ending at a given month, and then dividing that total by 12 to obtain the monthly average over this period. Mousing over any bar also shows the calculated result for this moving average for that given month.
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Jun 1 18

U.S. RIGHT TO KNOW et al v. ENVIRONMENTAL PROTECTION AGENCY and 17 other new FOIA lawsuits

by Harry Hammitt

We have added 108 documents from 17 FOIA cases filed between May 20, 2018 and May 26, 2018. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

  1. U.S. RIGHT TO KNOW et al v. ENVIRONMENTAL PROTECTION AGENCY (filed May 21, 2018)
    U.S. Right to Know and Carey Gilliam submitted two FOIA requests to the EPA. The first FOIA request asked for records concerning plans to test for residue of glyphosate in foods from January 2014 through July 2016. The agency acknowledged receipt of the request and told U.S. Right to Know that it was processing the request read more…
Jun 1 18

FOIA Activity: 11 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 11 decisions of a procedural or substantive nature filed between May 20, 2018 and May 26, 2018. These are associated with 10 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.

Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.

  1. AZ 2:2015cv00247American Civil Liberties Union of Arizona et al v. United States Department of Homeland Security Office for Civil Rights and Civil Liberties et al
    • May 23, 2018: ORDER: To the extent Defendants have not already submitted to Plaintiffs revised or supplemented Declarations pursuant to the Court's Order (Doc. [76] at 8-15), or revised Vaughn Indices pursuant to the same Order (Doc. [76] at 19-20, 22, 25- 26), Defendants shall submit to Plaintiffs the required revisions and/or supplements by June 4, 2018, and Defendants shall file with the Court a Notice of Compliance the same day. IT IS FURTHER ORDERED that, as discussed in more detail in this Ord er, the parties shall each file a brief not to exceed five pages by June 4, 2018, addressing the requirements for filing on the public docket the information provided pursuant to a FOIA request. No responses or replies are permitted. Signed by Judge John J Tuchi on 5/23/2018. (REK)
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May 24 18

NAACP Legal Defense & Educational Fund, Inc. v.U.S. Department Of Justice et al and 10 other new FOIA lawsuits

by Harry Hammitt

We have added 117 documents from 10 FOIA cases filed between May 13, 2018 and May 19, 2018. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

  1. NAACP Legal Defense & Educational Fund, Inc. v.U.S. Department Of Justice et al (filed May 16, 2018)
    The NAACP Legal Defense and Educational Fund submitted a FOIA request to the Department of Justice’s Office of Community-Oriented Policing Services for five categories of records concerning the collaborative reform assessment for the North Charleston Police Department. The agency acknowledged receipt of the request read more…
May 24 18

FOIA Activity: 7 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 7 decisions of a procedural or substantive nature filed between May 13, 2018 and May 19, 2018. These are associated with 5 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.

Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.

  1. DC 1:2016cv00866CORNUCOPIA INSTITUTE v. AGRICULTURAL MARKETING SERVICE
    • May 14, 2018: MEMORANDUM OPINION regarding the Defendant's [14] Motion for Summary Judgment and the Plaintiff's [16] Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 5/14/2018. (lctnm2)
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May 17 18

WITTES v. U.S. DEPARTMENT OF STATE and 22 other new FOIA lawsuits

by Harry Hammitt

We have added 139 documents from 20 FOIA cases filed between May 6, 2018 and May 12, 2018. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

  1. WITTES v. U.S. DEPARTMENT OF STATE (filed May 7, 2018)
    Benjamin Wittes, editor of the online publication Lawfare, submitted a FOIA request to the Department of State for records concerning payments made by the agency to the Trump International Hotel to reimburse accommodations of foreign diplomats. Wittes also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Wittes filed suit read more…
May 17 18

FOIA Activity: 2 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 2 decisions of a procedural or substantive nature filed between May 6, 2018 and May 12, 2018. These are associated with 2 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.

Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.

May 10 18

DEMOCRACY FORWARD FOUNDATION v. U.S. GENERAL SERVICES ADMINISTRATION and 30 other new FOIA lawsuits

by Harry Hammitt

We have added 185 documents from 26 FOIA cases filed between April 29, 2018 and May 5, 2018. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

  1. DEMOCRACY FORWARD FOUNDATION v. U.S. GENERAL SERVICES ADMINISTRATION (filed May 2, 2018)
    Democracy Forward Foundation submitted a FOIA request to the General Services Administration for records concerning emails to or from the domain name “ptt.gov” to a number of individuals in and outside the Trump administration. DFF also requested a fee waiver. The agency acknowledged receipt of the request read more…
May 10 18

FOIA Activity: 9 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 9 decisions of a procedural or substantive nature filed between April 29, 2018 and May 5, 2018. These are associated with 9 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.

Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.

  1. ARE 5:2018cv00108Carter v. Department of Agriculture
    • May 4, 2018: ORDER granting [10] Defendant's Motion to Dismiss and dismissing this case. Signed by Judge Billy Roy Wilson on 5/4/2018. (ljb)
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May 3 18

NATIONAL SECURITY ARCHIVE v. CENTRAL INTELLIGENCE AGENCY and 20 other new FOIA lawsuits

by Harry Hammitt

We have added 124 documents from 18 FOIA cases filed between April 22, 2018 and April 28, 2018. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

  1. NATIONAL SECURITY ARCHIVE v. CENTRAL INTELLIGENCE AGENCY (filed Apr 27, 2018)
    The National Security Archive submitted a FOIA request to the CIA for 12 cables referenced in the Senate Select Committee on Intelligence’s report on torture. NSA also requested expedited processing. The agency acknowledged receipt of the request and denied the National Security Archive’s request for expedited processing read more…