AMERICAN OVERSIGHT v. CONSUMER FINANCIAL PROTECTION BUREAU and 13 other new FOIA lawsuits, plus case descriptions

We have added 49 documents from 13 FOIA cases filed between January 20, 2019 and January 26, 2019. 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. AMERICAN OVERSIGHT v. CONSUMER FINANCIAL PROTECTION BUREAU (filed Jan 25, 2019)
   American Oversight submitted a FOIA request to the Consumer Financial Protection Bureau for records concerning communications between three named officials and five members of the House Financial Services Committee. The agency acknowledged receipt of the request. The agency told AO that it would need an advance payment of $1,288 to process the request or it would administratively close the request after 30 days. AO filed an administrative appeal. The agency granted AO’s appeal and remanded its request for processing. After hearing nothing further from the agency, AO filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
2. Hardin v. Bureau of Alcohol, Tobacco, Firearms and Explosives et al (filed Jan 22, 2019)
   Scott Hardin, who had purchased a bump-stock, filed suit against the Bureau of Alcohol, Tobacco and Firearms challenging its rule banning bump stocks. This claim is primarily made under the Administrative Procedure Act and is not a FOIA claim.
   Issues: FOIA not mentioned
3. CABEZAS v. FEDERAL BUREAU OF INVESTIGATION (filed Jan 22, 2019)
   Andres Cabezas, a federal prisoner, submitted a FOIA request to the FBI for records concerning himself. After hearing nothing further from the agency, Cabezas filed suit.
   Issues: Failure to respond within statutory time limit
4. WILD HORSE FREEDOM FEDERATION v. BUREAU OF LAND MANAGEMENT (filed Jan 22, 2019)
   The Wild Horse Freedom Foundation submitted a FOIA request to the Bureau of Land Management for records concerning wild horses or wild burros that were sold, adopted, or transported to another country. The agency acknowledged receipt of the request. WHFF inquired about a completion date, but after hearing further from the agency, WHFF filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Meduty v. USA Drivers, Inc. et al (filed Jan 22, 2019)
   Prince Amun-Ra Hotep Meduty, a truck driver working as a contractor for USA Drivers, Inc. sued the company, asking for access to several documents as well as injunctive relief. This is not a FOIA claim.
   Issues: FOIA not mentioned
6. The New York Times Company et al v. United States Department of State (filed Jan 23, 2019)
   New York Times reporter Eric Lipton submitted a FOIA request to the Department of State for records concerning ethics complaints filed by staff related to Transportation Secretary Elaine Chao’s scheduled trip to China. The agency acknowledged receipt of the request and told Lipton that his request seemed to concern Transportation rather than State and asked him if he wanted to continue. Lipton indicated that he had sent a separate FOIA request to Transportation and wanted to continue with the processing of his request to State. The agency told Lipton that it had a backlog of 10,600 requests and as a result his request would take time to process. Lipton contacted State for an estimated completion date. State gave him an estimated completion date of April 2019. Lipton and the New York Times then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. The New York Times Company et al v. Department of Education (filed Jan 24, 2019)
   New York Times reporter Erica Green submitted a FOIA request to the Department of Education for records concerning emails received by agency employees with a number of keywords pertaining to the school shooting at Majory Stoneman Douglas High School. The agency acknowledged receipt of the request. The agency asked Green to narrow the scope of her request. Green did so. After hearing nothing further from the agency, Green and the New York Times filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. State Of New York v. United States Environmental Protection Agency et al (filed Jan 24, 2019)
   The State of New York submitted FOIA requests to the EPA and the National Highway Traffic Safety Administration for records concerning a joint proposal by the two agencies to revise the fuel efficiency standards for cars and light trucks. Both agencies acknowledged receipt of the State’s requests. The EPA told the State that it would not incur costs. But after hearing nothing further from either agency, the State of New York filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Jan 25, 2019)
   Judicial Watch submitted a FOIA request to the FBI for records concerning communications between former FBI General Counsel James Baker and British Intelligence Officer Christopher Steele, or Glenn Simpson of Fusion GPS, or Fusion GPS contractor Nellie Ohr, or David Corn, a reporter with Mother Jones. The agency acknowledged receipt of the request. The agency told Judicial Watch that it had no responsive records. Judicial Watch filed an administrative appeal of the agency’s no records response, 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
10. FEDERATION FOR AMERICAN IMMIGRATION REFORM v. UNITED STATES DEPARTMENT OF STATE (filed Jan 25, 2019)
    The Federation for American Immigration Reform submitted a FOIA request to the Department of State for records concerning processing of visas at consulate offices. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, FAIR filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
11. FEDERATION FOR AMERICAN IMMIGRATION REFORM v. UNITED STATES DEPARTMENT OF STATE (filed Jan 25, 2019)
    The Federation for American Immigration Reform submitted FOIA requests to the Department of State for records concerning processing of visas at consulate offices in China, Mexico, India, and Brazil. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, FAIR filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. FEDERATION FOR AMERICAN IMMIGRATION REFORM v. UNITED STATES DEPARTMENT OF STATE (filed Jan 25, 2019)
    The Federation for American Immigration Reform submitted a FOIA request for records concerning countries who refused to accept citizens being deported from the United States. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, FAIR filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
13. The New York Times Company et al v. Environmental Protection Agency (filed Jan 25, 2019)
    New York Times reporter Danny Hakim submitted a FOIA request to the EPA for records concerning emails and attachments sent to or from agency employees to five pesticide manufacturers; email domains. The agency acknowledged receipt of the request. The agency told Hakim that it could not search based on his description unless he provided some keywords. Hakim did so, but the agency told him once again that the description was still too vague to search. Hakim narrowed his search to the Registration and Health Effects Division. The agency once again asked Hakim to narrow his request. Hakim narrowed his request to emails to or from Monsanto or BASF pertaining to Dicambia. The EPA agreed this revision allowed it to search for records and that it would process Hakim’s request. However, after hearing nothing further from the agency, Hakim and the New York Times filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 1 document from 1 case, with an earlier filing date, that has recently appeared on PACER.

• BUTT v. U.S. DEPARTMENT OF STATE et al (filed Jan 17, 2019)