BEST v. DEPARTMENT OF JUSTICE and 15 other new FOIA lawsuits, plus case descriptions

We have added 87 documents from 14 FOIA cases filed between January 27, 2019 and February 2, 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. BEST v. DEPARTMENT OF JUSTICE (filed Jan 30, 2019)
   Emma Best, a freelance writer, submitted a FOIA request to the FBI for records concerning the Church Committee. She also requested a fee waiver. The agency acknowledged receipt of the request. The FBI disclosed 123 pages that had been previously processed. Best filed an administrative appeal with the Office of Information Policy, which remanded her request to the FBI to search for further responsive records. The FBI told Best that it had located 18,615 potentially responsive records, which would cost $565 if disclosed fully. The FBI then told Best that it had denied her fee waiver. Best submitted a second FOIA request to the FBI for records concerning the Pike Committee. The FBI acknowledged receipt of that request. After hearing nothing further from the agency concerning either request, Best filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Golden Door Properties, LLC v. United States Department of the Interior et al (filed Jan 28, 2019)
   Golden Door Properties submitted a FOIA request to the Department of the Interior for records concerning the Newland Sierra project. The agency acknowledged receipt of the request. Golden Door Properties also submitted two FOIA requests to U.S. Fish and Wildlife Service for records concerning the Newland Sierra project. The agency acknowledged receipt of those two requests. After hearing nothing further from either agency, Golden Door Properties filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. CENTER FOR RESPONSIBLE LENDING v. CONSUMER FINANCIAL PROTECTION BUREAU (filed Jan 28, 2019)
   The Center for Responsible Lending submitted a FOIA request to the Consumer Financial Protection Bureau for records concerning payday, vehicle title, and high-cost installment loans. CRL also requested a fee waiver. The agency acknowledged receipt of the request. CFPB held CRL’s fee waiver request in abeyance. The agency told CRL that it would complete processing its request by November 2018. After hearing nothing further from the agency, CRL filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
4. CENTER FOR RESPONSIBLE LENDING v. OFFICE OF MANAGEMENT AND BUDGET (filed Jan 28, 2019)
   The Center for Responsible Lending submitted a FOIA request to OMB for records concerning payday, vehicle title, and high-cost installment loans. CRL also requested a fee waiver. OMB acknowledged receipt of the request. After hearing nothing further from the agency, CRL filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
5. Chatman v. Secretary of Defense et al (filed Jan 28, 2019)
   Michael Chatman filed suit against the Department of Defense concerning allegations of workplace harassment during his tour in Afghanistan. This is not a FOIA claim.
   Issues: FOIA not mentioned
6. Natural Resources Defense Council, Inc. v. U.S. Department of Transportation (filed Jan 28, 2019)
   The Natural Resources Defense Council submitted a FOIA request to the Department of Transportation for records concerning the status of the Hudson River Tunnel Gateway project. NRDC also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, NRDC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. American Civil Liberties Union v. Department of Health and Human Services (filed Jan 30, 2019)
   The ACLU submitted a FOIA request to the Department of Health and Human Services for records concerning changes to the Title X family planning program. The ACLU also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the ACLU filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
8. NBCUniversal Media LLC et al v. Department Of Justice (filed Jan 30, 2019)
   Thomas Winter, an investigative reporter for NBC News, submitted a FOIA request to the Department of Justice for records concerning communications between Sen. Roger Wicker (R-MS) and then attorney General Jeff Sessions pertaining to the extradition of Dmitri Firtash, a Ukranian national who had been detained in Austria. Winter also requested expedited processing. The agency acknowledged receipt of the request and denied Winter’s request for expedited processing. Winter filed an administrative appeal of the agency’s denial of expedited processing. After hearing nothing further, Winter and NBC Universal filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. O'Connell et al v. Longcor (filed Jan 30, 2019)
   Doug O’Connell submitted a FOIA request on behalf of his client Daryl Callahan, a retired Army National Guard officer, to the U.S. Army for records concerning Callahan, who had been subject to an investigation. The agency disclosed a law enforcement report pertaining to the investigation. O’Connell noticed that there were several attachments to the report referenced that were not disclosed. He asked the agency to provide those records as well. After hearing nothing further from the agency, O’Connell filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF JUSTICE (filed Jan 31, 2019)
    American Oversight submitted a FOIA request to the Civil Rights Division at the Department of Justice for records concerning emails sent to John Gore, acting Assistant Attorney General, from domain names containing com/net/org/edu suffixes. AO also requested a fee waiver. The agency acknowledged receipt of the request and told AO that its request qualified for unusual circumstances. 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
11. DEMOCRACY FORWARD FOUNDATION v. CONSUMER FINANCIAL PROTECTION BUREAU et al (filed Jan 31, 2019)
    Democracy Forward Foundation submitted three FOIA requests to the Consumer Financial Protection Bureau for records concerning the agency’s authority to conduct supervisory activities under the Military Lending Act. DFF also requested a fee waiver. The agency acknowledged receipt of the requests. DFF also submitted a FOIA request to the Department of Defense for records concerning communications between the agency and the CFPB pertaining to the Military Lending Act. DFF also requested a fee waiver. After hearing nothing further from either agency, DFF filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
12. ELECTRONIC PRIVACY INFORMATION CENTER v. U.S. CUSTOMS AND BORDER PROTECTION (filed Feb 1, 2019)
    The Electronic Privacy Information Center submitted a FOIA request to U.S. Customs and Border Protection for records concerning an agency directive on Border Search of Electronic Devices. EPIC also requested expedited processing and inclusion in the news media fee category. The agency did not acknowledge of the request. EPIC contacted the agency to inquire about the receipt of the request and was told that the agency had no record of receiving the request. EPIC resubmitted the request, but after hearing nothing further from the agency, EPIC filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
13. SHORELIGHT EDUCATION, LLC v. UNITED STATES DEPARTMENT OF STATE (filed Feb 1, 2019)
    Shorelight Education, which works with universities to facilitate study by foreign students, submitted a FOIA request to the Department of State for records concerning statistics on F-1 student visa denials. Shorelight Education also requested expedited processing. The agency acknowledged receipt of the request and denied Shorelight’s request for expedited processing. Shorelight filed an administrative appeal of the agency’s denial of expedited processing. After hearing nothing further from the agency, Shorelight Education filed suit.
    Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
14. Beidler v. United States Dept. of the Treasury et al (filed Feb 1, 2019)
    Reed Beidler submitted a FOIA request through his attorney to the IRS for records about his taxes. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Beidler filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 2 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• CHAVIS v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Jan 23, 2019)
• CASTRO v. EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS FREEDOM OF INFORMATION ACT & PRIVACY STAFF (filed Jan 22, 2019)