GOVERNMENT ACCOUNTABILITY PROJECT v. U.S. DEPARTMENT OF STATE et al and 12 other new FOIA lawsuits

We have added 98 documents from 12 FOIA cases filed between February 17, 2019 and February 23, 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. GOVERNMENT ACCOUNTABILITY PROJECT v. U.S. DEPARTMENT OF STATE et al (filed Feb 22, 2019)
   The Government Accountability Project submitted FOIA requests to the Department of State, the CIA, the Department of Commerce, the Department of Treasury, the Department of Defense, and the Department of Energy for records concerning attempts by the Trump administration and individuals associated with it, to promote civil nuclear energy in the Middle East, particularly Saudi Arabia. GAP also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests, but after hearing nothing further from any of the agencies, GAP filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. ASIAN AMERICANS ADVANCING JUSTICE – LOS ANGELES v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE (filed Feb 18, 2019)
   Asian Americans Advancing Justice – Los Angeles submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning implementation of the agency’s new notice to appear policy and statistics related to the issuance of NTAs from 2012 to the present. The agency acknowledged receipt of the request and asked Advancing Justice-LA to clarify its request, Advancing Justice-LA did so, but after hearing nothing further from the agency, Advancing Justice-LA filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. WATERLEGACY v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed Feb 19, 2019)
   WaterLegacy, an advocacy group opposed to sulfide mining in Northern Minnesota, submitted a FOIA request to the EPA for records concerning Region 5’s comments on the draft NPDES permit proposed by the Minnesota Pollution Control Agency for the PolyMet Project. The agency acknowledged receipt of the request and asked WaterLegacy to commit to paying $25 in fees. WaterLegacy did so, but after hearing nothing further from the agency, WaterLegacy filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. CAUSE OF ACTION INSTITUTE v. U.S. DEPARTMENT OF VETERANS AFFAIRS (filed Feb 19, 2019)
   Cause of Action Institute submitted a FOIA request to the Department of Veterans Affairs for records concerning maintenance, inspection, and repair reports for the Tomah VA Medical Center located in Tomah, Wisconsin. COA Institute also requested expedited processing and inclusion in the news media fee category. The agency acknowledged receipt of the request. The agency disclosed 54 pages with redactions under Exemption 3 (other statutes), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). COA Institute filed an administrative appeal. The agency acknowledged receipt of the appeal but aside from limited updates on the status of its appeal, COA Institute heard nothing further from the agency. COA Institute then filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE (filed Feb 19, 2019)
   American Oversight submitted a FOIA request to the Department of State for records concerning the extent to which Steve Bannon, Sean Hannity, or Raheem Kassam had played a role in the Trump administration’s foreign policy in Europe. The agency acknowledged receipt of the request, but 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
6. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. U.S. DEPARTMENT OF THE NAVY (filed Feb 19, 2019)
   Public Employees for Environmental Responsibility submitted a FOIA request to the Department of the Navy for records concerning potentially fraudulent data generated by Tetra Tech pertaining to possible radiological contamination at the former Naval Air Station Treasure Island in San Francisco Bay. The agency acknowledged receipt of the request and told PEER that it would be unable to respond within 20 days. After hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. The Center for Investigative Reporting et al v. United States Immigration and Customs Enforcement (filed Feb 20, 2019)
   Aura Bogado, a reporter for the Center for Investigative Reporting, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the agency’s contract with MVM, Inc., which has a contract to transport migrant children between U.S. Customs and Border Protection custody and Department of Health and Human Services custody. After hearing nothing further from the agency, CIR filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. The Innocence Project, Inc. v. National Museum of Health and Medicine et al (filed Feb 20, 2019)
   The Innocence Project asked the National Museum of Health and Medicine, operated by the Department of Defense, for permission to visit its archives to research bite-mark analysis. The agency refused permission and the Innocence Project filed FOIA requests with the Museum. After hearing nothing further from the agency, the Innocence Project filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Feb 21, 2019)
   American Oversight submitted three FOIA requests to the Department of Health and Human Services for records concerning communications between the Office of Civil Rights and a number of outside groups, OCR appointment calendars, and a third request just covering communications and appointment calendars for OCR employee Justin Butterfield. After hearing nothing further from the agency pertaining to any of the three requests, AO filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
10. CARING HANDS HEALTH EQUIPMENT & SUPPLIES, LLC v. U.S. DEPARTMENT OF VETERANS AFFAIRS (filed Feb 21, 2019)
    Caring Hands Health Equipment & Supplies submitted a FOIA request to the Department of Veterans Affairs for records concerning procurements of durable medical equipment services by the VA Veterans Integrated Services Network – Southeast Network 7 from January 2015 to the present. After hearing nothing from the agency, Caring Hands filed an administrative appeal. The agency acknowledged receipt of the appeal and told Caring Hands that the agency could not yet provide an estimated completion date. After hearing nothing further from the agency, Caring Hands filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Southern Environmental Law Center v. Bernhardt et al (filed Feb 21, 2019)
    The Southern Environmental Law Center submitted a FOIA request to the Department of the Interior for records concerning a National Park Service permit to allow the Atlantic Pipeline to cross the Blue Ridge Parkway. The agency acknowledged receipt of the request and provided two documents. NPS also requested clarification of the request. SELC provided clarification and the agency continued to search for records. After hearing nothing further from the agency, SELC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. Lesic v. United States Department of Justice et al (filed Feb 22, 2019)
    Ana Lesic, a Croatian citizen living in Southern California, submitted FOIA requests to the Department of State and the Executive Office for U.S. Attorneys for records concerning herself and Croatia’s extradition request. Both agencies acknowledged receipt of the requests and EOUSA invoked unusual circumstances. After hearing nothing further from either agency, Lesic filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index

In addition, we have added 3 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• Hagger v. United States Department of Veteran's Affairs (filed Feb 15, 2019)
  Clifton Hagger submitted a FOIA request to the Department of Veterans Affairs for records concerning his in-service mental health records. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Hagger filed suit.
  Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees