Buzzfeed, Inc. v. U.S. Department of the Air Force and 15 other new FOIA lawsuits, plus case descriptions

We have added 80 documents from 12 FOIA cases filed between February 10, 2019 and February 16, 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. Department of the Air Force (filed Feb 12, 2019)
   BuzzFeed submitted three FOIA requests to the Department of the Air Force for records concerning tours of Air Force One that included members of Trump’s Mar-a-Lago club. The first FOIA request asked for names of civilians invited on the tour. The agency acknowledged receipt of the request and provided 62 pages of records with redactions. BuzzFeed filed an administrative appeal of the denial. BuzzFeed submitted two other FOIA requests for records concerning who was invited and the procedures for allowing tours of Air Force One. The agency acknowledged receipt of those two requests. However, after hearing nothing further from the agency pertaining to any of its requests, BuzzFeed filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. GRANDPRE v. WILKE et al (filed Feb 11, 2019)
   Louis Grandpre submitted a FOIA request to the Department of Veterans Affairs for records concerning his VA claims file. After hearing nothing from the agency, Grandpre filed an administrative appeal of the delay. After hearing nothing further from the agency, Grandpre filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
3. PLANNED PARENTHOOD FEDERATION OF AMERICA, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Feb 12, 2019)
   Planned Parenthood Federation of America submitted a FOIA request to the Department of Health and Human Services for records concerning the agency’s decision to renew Title X healthcare services grants for seven months rather than the usual three years. The agency acknowledged receipt of the request and told Planned Parenthood that its request qualified for unusual circumstances. After hearing nothing further from the agency, Planned Parenthood filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. ARMY CORPS OF ENGINEERS (filed Feb 12, 2019)
   The Center for Biological Diversity submitted two FOIA requests to the U.S. Army Corps of Engineers for records concerning the Sunshine Project ethane cracker in Formosa, St. James Parish, Louisiana. In response to the Center’s first request, the Corps told the Center that all the records were disclosable, but although the Corps disclosed some records it did not disclose all the responsive records. The Center filed an administrative appeal of that request. The Corps did not respond to the Center’s second request. After hearing nothing further from the agency pertaining to either request, the Center filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Open Society Justice Initiative v. Department of Justice et al (filed Feb 12, 2019)
   The Open Society Justice Initiative submitted FOIA requests to the Department of Justice, the FBI, and the Department of State for records concerning the killing of journalist Jamil Khashoggi. The Open Society Justice Initiative also requested expedited processing and a fee waiver. Because of the government shutdown, none of the agencies initially acknowledged receipt of the requests. After the shutdown ended, however, the FBI and the Department of State acknowledged receipt of the requests, but the Department of Justice did not. After hearing nothing further from any of the agencies, the Open Society Justice Initiative filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees
6. Center For Biological Diversity v. National Oceanic Atmospheric Association (filed Feb 13, 2019)
   The Center for Biological Diversity submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning the agency’s denial of the Center’s petition to list Pacific bluefin tuna as an endangered species. The agency acknowledged receipt of the request and ultimately provided 257 records with redactions. The Center filed an administrative appeal challenging the agency’s search and its use of Exemption 5 (privileges). The agency acknowledged receipt of the appeal, but after hearing nothing further from the agency, the Center filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. JUDICIAL WATCH, INC. v. U.S.DEPARTMENT OF JUSTICE (filed Feb 14, 2019)
   Judicial Watch submitted three FOIA requests to the FBI for records concerning memoranda signed by acting FBI Director Andrew McCabe between April and May 2017, as well as any mention of using the 25th Amendment to remove President Trump. The agency acknowledged receipt of that request. Judicial Watch submitted a second FOIA request to the FBI for records concerning surreptitious recordings made by anyone at DOJ of meetings between officials from the White House or the Vice President’s Office. Judicial Watch submitted a third FOIA to DOJ for records concerning Assistant Attorney General Rod Rosenstein’s participation in any of these meetings. The agency acknowledged receipt of all three 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
8. The New York Times Company et al v. United States Department of Justice (filed Feb 14, 2019)
   New York Times reporter John Ewing submitted a FOIA request to the Department of Justice’s Environment and Natural Resources Division for records concerning provisions of the plea agreement with Volkswagen. Ewing also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. It granted Ewing’s request for a fee waiver but denied his request for expedited processing. Ewing agreed to narrow the second part of his request. The agency told Ewing that it could not process his request further because of the government shutdown. After hearing nothing further from the agency since the government reopened, Ewing and the New York Times filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Feb 15, 2019)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Justice for any opinions written by the Office of Legal Counsel concerning the president’s ability to invoke emergency powers to declare a national emergency. CREW also requested expedited processing. The agency acknowledged receipt of the request but denied CREW’s request for expedited processing and told CREW that it was unable to respond within 20 days. After hearing nothing further from the agency, CREW filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. American Civil Liberties Union of Massachusetts v. U.S. Department of Homeland Security et al (filed Feb 15, 2019)
    The ACLU of Massachusetts submitted a FOIA request to the Department of Homeland Security for records concerning a contract to build 115-miles of border wall announced by President Trump in December 2018. ACLUM also requested a fee waiver. The agency acknowledged receipt of the request but told ACLUM that it could not search for the request without a contract number. The ACLUM told DHS that it was unable to locate a contract number. The request was then referred to U.S. Customs and Border Protection. After hearing nothing further from the agency, ACLUM filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
11. Robbins Geller Rudman & Dowd LLP v. United States Securities and Exchange Commission (filed Feb 15, 2019)
    The law firm of Robbins Geller Rudman & Dowd submitted a FOIA request to the Securities and Exchange Commission for records concerning the agency’s investigation of Hertz. The agency denied the request under Exemption 7(A) (ongoing investigation or proceeding). However, alleging that the investigation had now been closed, the law firm resubmitted its original request. The agency again denied the request under Exemption 7(A). The agency also told the law firm that it could file suit. The agency then filed suit.
    Issues: Litigation – Attorney’s fees, Litigation – Vaughn index
12. Stecz-Hunter v. United States Department of Education et al (filed Feb 15, 2019)
    Phyllis Stecz-Hunter received a notice from the Department of Education that her wages were being garnished to help pay back her student loan. Stecz-Hunter submitted a FOIA request to the agency for a complete copy of her promissory note. The agency claimed the records had been sent to her, but Stecz-Hunter said she had not received them. After failing to come to terms with the agency, Stecz-Hunter filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs

In addition, we have added 4 documents from 4 cases, with earlier filing dates, that have recently appeared on PACER.

1. GUNTER v. UNITED STATES SECRET SERVICE (filed Feb 8, 2019)
2. VRANCEA v. UNITED STATES OF AMERICA et al (filed Feb 7, 2019)
3. Americans for Immigrant Justice, Inc. v. U.S. Department of Homeland Security et al (filed Feb 6, 2019)
4. Americans for Immigrant Justice, Inc. v. U.S. Department of Homeland Security et al (filed Feb 6, 2019)