BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW et al v. UNITED STATES DEPARTMENT OF JUSTICE

We have added 132 documents from 21 FOIA cases filed between August 5, 2018 and August 11, 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. BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW et al v. UNITED STATES DEPARTMENT OF JUSTICE (filed Aug 8, 2018)
   The Brennan Center for Justice submitted FOIA requests to the Department of Justice for records from the LIONS database involving public charges listed under six categories related to terrorism. The Brennan Center also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied the Brennan Center’s request for expedited processing, but granted its request for a fee waiver. The agency responded to the Brennan Center’s request by indicating that the information it sought was available on DOJ’s website. The Brennan Center filed an administrative appeal. The Office of Information Policy upheld the denial of expedited processing as well as the referral to the website, adding that some personal information was properly redacted under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The Brennan Center then filed suit.
   Issues: Litigation – Attorney’s fees
2. Sierra Club et al v. United States Department Of Energy (filed Aug 6, 2018)
   The Sierra Club and the Environmental Defense Fund submitted FOIA requests to the Department of Energy for records concerning a report by the National Energy Technology Laboratory asserting that coal-fired powerplants had played a crucial role during a winter storm and that companies using coal should be reimbursed. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the Sierra Club and the Environmental Defense Fund filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. DAILY CALLER NEWS FOUNDATION v. FEDERAL BUREAU OF INVESTIGATION (filed Aug 6, 2018)
   The Daily Caller Foundation submitted a FOIA request to the FBI for records concerning Daniel Richman, a Special Government Employee hired by former FBI Director James Comey. DCF also requested a fee waiver and expedited processing. The FBI acknowledged receipt of the request and granted DCF news media fee status and told DCF that its request for a fee waiver was pending. After hearing nothing further from the agency, DCF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Gooch v. United States Department of Justice (filed Aug 6, 2018)
   Milton Gooch submitted a FOIA request to the Department of Justice for records concerning the civil rights complaint he had filed with the Office of the Inspector General. The agency disclosed some records with redactions under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Gooch filed an administrative appeal, which was denied. He then filed suit.
   Issues: Litigation – Recovery of Costs
5. State of New York v. United States Department of Labor (filed Aug 6, 2018)
   The Attorney General of the State of New York submitted a FOIA request to the Department of Labor for records concerning the Payroll Audit Independent Determination Program. The agency acknowledged receipt of the request. The Attorney General contacted the agency to check the status of the request on several occasions, but after hearing nothing further from the agency, the Attorney General of New York filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW v. U.S. DEPARTMENT OF JUSTICE (filed Aug 7, 2018)
   The Brennan Center for Justice submitted a FOIA request to the Civil Rights Division at the Department of Justice for records concerning a June 28, 2017 letter sent by the Chief of DOJ’s Voting Section to state election officials. The Brennan Center also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied the first part of the Brennan Center’s request under Exemption 7(A) (interference with ongoing investigation or proceeding) and Exemption 3 (other statutes). The agency disclosed 407 redacted pages in response to the second part of the Brennan Center’s request, citing Exemption 5 (privileges) and Exemption 6 (invasion of privacy). The Brennan Center filed an administrative appeal, but after hearing nothing further from the agency, the Brennan Center filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. TEXAS INSTITUTE FOR HEALTHY KIDS v. UNITED STATES DEPARTMENT OF AGRICULTURE (filed Aug 7, 2018)
   Texas Institute for Healthy Kids submitted a FOIA request to the Agricultural Research Service at the Department of Agriculture for records concerning the National Nutrient Database for Standard Reference Release 28 pertaining to data from testing chicken noodle soup, white bread, eggs, and potatoes. The agency acknowledged receipt of the request. The agency withheld the majority of the records under Exemption 4 (confidential business information) and disclosed only heavily redacted records. TIHK filed an administrative appeal of the decision, but after hearing nothing further from the agency, TIHK filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Aug 7, 2018)
   Judicial Watch submitted FOIA requests to the Secret Service for records concerning security costs for trips taken by President Trump. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
9. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Aug 7, 2018)
   Judicial Watch submitted a FOIA request to the Department of Justice for records concerning GPS Fusion, Nellie Ohr, and Christopher Steele. The agency acknowledged receipt of the request and told Judicial Watch that it would need more time to process its request. After hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
10. Environmental Defense Fund v. U.S. Environmental Protection Agency (filed Aug 7, 2018)
    The Environmental Defense Fund submitted FOIA requests to the EPA for records concerning the agency’s position on legislation developed by the House Science, Space & Technology Committee critical of the role of science. EDF also requested a fee waiver and expedited processing. The agency acknowledged receipt of the requests and granted EDF’s request for a fee waiver, but denied its request for expedited processing. After hearing nothing further from the agency, EDF filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. The New York Times Company et al v. Department Of Justice (filed Aug 7, 2018)
    New York Times reporter Charlie Savage submitted a FOIA request to the Department of Justice for a December 2014 memo from the Office of Legal Counsel to the Counsel to the President concerning authority to use military force in Iraq. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Savage and the New York Times filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Aug 8, 2018)
    Citizens United submitted a FOIA request to the Department of State for records concerning an October 2016 briefing with reporters at the State Department. Citizens United also requested expedited processing. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Citizens United filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
13. ASSASSINATION ARCHIVES AND RESEARCH CENTER v. DEPARTMENT OF JUSTICE (filed Aug 8, 2018)
    The Assassination Archives and Research Center submitted a FOIA request to the FBI for seven boxes of indices of pre-1960 electronic surveillance records that the agency had publicly acknowledged in a 2009 court affidavit. AARC requested inclusion in the news media fee category and a fee waiver. The agency acknowledged receipt of the request and denied AARC’s request for new media fee status and a fee waiver. The agency told AARC that it had identified 18,000 pages of potentially responsive records, but that 5,000 pages were dated after 1960. The FBI told AARC that it would need to commit to $540 in fees or reduce the scope of the request. AARC did not file an administrative appeal of the FBI’s denial of their fee waiver or fee status requests. AARC later submitted three follow-up requests pertaining to the records. The agency did not resolve those requests and AARC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Stevens v. Broadcasting Board of Governors et al (filed Aug 8, 2018)
    Jacqueline Stevens, a professor of political science at Northwestern University, submitted FOIA requests to the Broadcast Board of Governors and a number of other agencies pertaining to policies for detainees. The Broadcast Board of Governors disclosed 109 pages to Stevens. Stevens filed an administrative appeal. The agency ordered a second search, yielding 1,427 pages that were released to Stevens. The agency also withheld 1,062 pages under Exemption 4 (confidential business information) and 133 pages under Exemption 5 (privileges). Other agencies disclosed some records as well or failed to respond by the time Stevens filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. DEMOCRACY FORWARD FOUNDATION v. UNITED STATES DEPARTMENT OF THE INTERIOR et al (filed Aug 9, 2018)
    Democracy Forward Foundation submitted FOIA requests to the Department of the Interior for records concerning communications between certain political appointees at the agency and 12 energy companies and energy lobbying organizations whose employees are members of the agency’s Royalty Policy Committee. DFF also requested a fee waiver. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, DFF filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
16. CHO v. U.S. DEPARTMENT OF STATE (filed Aug 9, 2018)
    In Ho Cho, a South Korean businessman, submitted a FOIA request to the Department of State for records concerning his visa applications. Cho had invested $500,000 in the U.S. and then applied for visas for him, his wife and his daughter based on that investment. The State Department rejected his visa application because it conflicted with an earlier visa application that had been prepared for Cho by a South Korean travel agent. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Cho filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Discovery, Litigation – Vaughn index
17. KWON v. U.S. DEPARTMENT OF STATE (filed Aug 9, 2018)
    Ju Lee Kwon submitted a FOIA request to the Department of State for records concerning herself. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Kwon filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Discovery, Litigation – Vaughn index
18. DEMOCRACY FORWARD FOUNDATION v. UNITED STATES DEPARTMENT OF THE INTERIOR (filed Aug 9, 2018)
    Democracy Forward Foundation submitted a FOIA request to the Department of the Interior for records concerning changes in the way grants are awarded. DFF also requested a fee waiver. The agency acknowledged receipt of the request and told DFF that it would need to take more time to process the request. After hearing nothing further from the agency, DFF filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
19. The Center for Investigative Reporting, et al., v. United States Department of Justice (filed Aug 10, 2018)
    Center for Investigative Reporting reporter Aaron Sankin submitted two FOIA requests to the FBI for records concerning reports pertaining to extremist activity on 4chan. CIR also requested expedited processing and inclusion in the news media fee category. The FBI acknowledged receipt of the requests. The agency provided 18 pages of previously released records in response to Sankin’s first request and told Sankin that more responsive records might exist. Sankin filed an administrative appeal of that decision. After hearing nothing further from the agency, Sankin and CIR filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
20. TABOR v. U.S. DEPARTMENT OF STATE (filed Aug 10, 2018)
    Reporter Damon Tabor submitted a FOIA request to the Department of State for agency records concerning the death of agency employee Jerrold Daniels in 1982. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Tabor filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
21. CARLBORG v. DEPARTMENT OF THE NAVY (filed Aug 10, 2018)
    Robert Carlborg submitted FOIA requests to the Marine Corps for records about himself. The agency acknowledged receipt of the requesst. The agency disclosed 244 pages with redactions under Exemption 5 (privileges), Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Carlborg filed an administrative appeal of the agency’s decision. The agency denied the appeal as to the exemption claims but told the Marine Corps to provide missing email attachments. The agency disclosed an additional 187 pages of email attachments. Carlborg filed another administrative appeal again challenging the exemption claims. This time the agency removed some of the redactions. Carlborg received some more records and filed more appeals. Dissatisfied, he finally filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index

In addition, we have added 3 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. Young v. (OGIS)(FOIA) et al (filed Aug 3, 2018)
2. CASE NUMBER NOT USED (filed Jul 30, 2018)
3. EL AMIN v. WORKMAN et al (filed Jul 30, 2018)