Buzzfeed, Inc. v. U.S. Citizenship and Immigration Services and 8 other new FOIA lawsuits, plus case descriptions

We have added 61 documents from 9 FOIA cases filed between February 3, 2019 and February 9, 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. Buzzfeed, Inc. v. U.S. Citizenship and Immigration Services (filed Feb 8, 2019)
   BuzzFeed News submitted a FOIA request to U.S. Citizenship and Immigration Services for a copy of its database of completed I-589 applications, known as the Refugee Asylum and Parole System database. BuzzFeed also requested expedited processing. The agency acknowledged receipt of the request and denied BuzzFeed’s request for expedited processing. After hearing nothing further from the agency, BuzzFeed filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. AMERICAN OVERSIGHT v. U.S. GENERAL SERVICES ADMINISTRATION et al (filed Feb 5, 2019)
   American Oversight submitted FOIA requests to the General Services Administration and the National Park Service for communications concerning the decision to reopen the Trump International Hotel, located in the Old Post Office Tower, a historic property overseen by NPS, during the shutdown, as well as communications with the Trump Organization. AO also requested a fee waiver. The agencies acknowledged receipt of the requests. NPS asked AO to justify its request for a fee waiver under the Interior Department’s revised FOIA regulations. AO provided a detailed explanation. After hearing nothing further from either agency, AO filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Skertich v. Federal Bureau of Investigation (filed Feb 6, 2019)
   Robert Skertich submitted FOIA requests to the FBI for records concerning allegations that he was defrauded out of $500,000 and had previously met with FBI agents pertaining to the allegations. After the agency failed to respond, Skertich filed suit.
   Issues: Failure to respond within statutory time limit
4. CITIZENS UNITED v. UNITED STATES DEPARTMENT OF LABOR (filed Feb 7, 2019)
   Citizens United submitted a FOIA request to the Department of Labor for records concerning emails sent or received by former Labor Secretary Tom Perez on his government or personal email account from 2013 to 2017. The agency acknowledged receipt of the request and told Citizens United that it was processing the request. 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
5. NATURAL RESOURCES DEFENSE COUNCIL, INC. v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al (filed Feb 7, 2019)
   The Natural Resources Defense Council submitted FOIA requests to the EPA, the U.S. Army Corps of Engineers, and the Department of Justice for records concerning the scope and potential consequences of narrowing the definition of waterways protected under the Clean Water Act. NRDC also requested a fee waiver. The agencies acknowledged receipt of the requests, but DOJ rejected NRDC’s request because it pertained to the EPA and not DOJ. NRDC filed an administrative appeal of the denial to the Office of Information Policy, which remanded NRDC’s request to the Justice Management Division for processing. The Corps of Engineers asked NRDC to clarify its request. NRDC did so. After hearing nothing further from any of the agencies, NRDC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
6. JAMES MADISON PROJECT et al v. DEPARTMENT OF STATE (filed Feb 7, 2019)
   The James Madison Project and New Yorker reporter Adam Entous submitted a FOIA request to the Department of State for records concerning the Accountability Review Board report on the acoustic attack in Cuba that affected members at the U.S. Embassy in Havana and efforts to implement its recommendations. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, JMP and Entous filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. ACLU of Southern California v. United States Department of Homeland Security et al (filed Feb 8, 2019)
   The ACLU of Southern California submitted a FOIA request to the Department of Homeland Security for records concerning a report prepared by the Detention Standards Implementation Initiative of the American Bar Association. The ACLU of Southern California also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the ACLU of Southern California filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
8. HALL & ASSOCIATES v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Feb 8, 2019)
   Hall & Associates submitted a FOIA request to the EPA for records concerning the agency’s decision not to apply an Eighth Circuit decision on the Clean Water Act nationally. In a previous decision, another district court judge in the D.C. Circuit had ruled that the agency had made a final decision not to apply the Eighth Circuit decision nationally in 2013 and that records after that were not protected by the deliberative process privilege. Based on that ruling, Hall & Associates resubmitted its 2013 request. The agency denied the request, citing Exemption 5 (privileges). It also assessed Hall & Associates $1,400 in fees for search and review time. Hall & Associates filed an administrative appeal. The agency upheld its original denial but relied only on the attorney work-product privilege. Hall & Associates submitted several other FOIA requests to EPA on related issues. The agency acknowledged receipt of those requests, provided more than a thousand pages with information withheld or redacted, and charged Hall & Associates $1,064 for search and review costs. Hall & Associates filed an administrative appeal of that partial denial but after hearing nothing further from the agency on any of its requests, Hall & Associates filed suit.
   Issues: Failure to respond within statutory time limit, Fee Category – Commercial, Litigation – Attorney’s fees
9. Alliance for the Wild Rockies v. U.S. Forest Service (filed Feb 8, 2019)
   The Alliance for the Wild Rockies submitted a FOIA request to U.S. Forest Service for records concerning the project file for the Ten Mile-South Helena Project. The agency eventually contacted the Alliance and asked for an extension of time. The Alliance declined to provide an extension. After hearing nothing further from the agency, the Alliance filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees