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NATIONAL IMMIGRATION LAW CENTER v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al, plus case descriptions

by Harry Hammitt on April 4th, 2019

We have added 163 documents from 19 FOIA cases filed between March 24, 2019 and March 30, 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. NATIONAL IMMIGRATION LAW CENTER v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Mar 26, 2019)
    The National Immigration Law Center submitted a FOIA request to the Department of Homeland Security and U.S. Immigration and Customs Enforcement for records concerning the identities of agency personnel who were present at a raid of a meat-packing plant in Bean Station, Tennessee on April 5, 2018. NILC also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, NILC filed suit.
    Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
  2. SARRAS v. DOJ (filed Mar 25, 2019)
    Donatos Sarras, a federal prisoner, submitted two FOIA requests to the Criminal Division of the Department of Justice for records concerning himself. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Sarras filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
  3. WILDEARTH GUARDIANS v. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT et al (filed Mar 26, 2019)
    WildEarth Guardians submitted a FOIA request to the Office of Surface Mining Reclamation and Enforcement for records concerning the agency’s response to WildEarth Guardians’ citizen complaint pertaining to the Tristate Generation and Transmission Association’s compliance with the Surface Mining Control and Reclamation Act’s self-bonding requirements at coal mines in Colorado and Wyoming. The agency acknowledged receipt of the request and told WildEarth Guardians that its request qualified for exceptional circumstances. WildEarth Guardian made several attempts to check on the request’s status, but after hearing nothing further from the agency, WildEarth Guardians filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
  4. WILDEARTH GUARDIANS v. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT et al (filed Mar 26, 2019)
    WildEarth Guardians submitted a FOIA request to the Office of Surface Mining Reclamation and Enforcement for records concerning WildEarth Guardians’ citizens complaint regarding violations of the Surface Mining Control and Reclamation Act’s contemporaneous reclamation requirements at coal mines in the Powder River Basin of Montana and Wyoming. The agency acknowledged receipt of the request. After WildEarth Guardians’ made several attempts to inquire about the status of its request, the agency told WildEarth Guardians that it was still working on determining the status of the organization’s FOIA requests. After hearing nothing further from the agency, WildEarth Guardians filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
  5. Americans for Immigrant Justice, Inc. v. United States Department of Homeland Security et al (filed Mar 26, 2019)
    Americans for Immigrant Justice submitted a FOIA request to the Department of Homeland Security for records concerning the relationship between U.S. Immigration and Customs Enforcement and the Atlantic Shores Hospital in Fort Lauderdale. AI Justice also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, AI Justice filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
  6. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Mar 27, 2019)
    Judicial Watch submitted a FOIA request to the Department of Justice for records concerning communications sent to or from DOJ official Lisa Holtyn regarding Donald Trump, Hillary Clinton, Russian interference in the 2016 election campaign, and other keywords associated with the Clinton email server investigation. Judicial Watch also requested Holtyn’s calendar entries. The agency acknowledged receipt of the request, 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
  7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 27, 2019)
    Judicial Watch submitted FOIA requests to the FDA and the National Institute for Health for records concerning contracts between the agency and Advanced Biosciences Resources for provision of human fetal tissue to be used in humanized mice research. Both agencies acknowledged receipt of the requests, but after hearing nothing further from either agency, Judicial Watch filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
  8. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF JUSTICE (filed Mar 27, 2019)
    American Oversight submitted four FOIA requests to the Department of Justice for records concerning possible outside influence on the Office of Legal Counsel’s finding that the Wire Act, which makes Internet gambling illegal, applied only to online sports betting. The agency acknowledged receipt of the requests, 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
  9. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Mar 27, 2019)
    Judicial Watch submitted a FOIA request to the FBI for records concerning a July 2018 meeting between Department of Justice and FBI officials and the Associated Press. The agency acknowledged receipt of the request, 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. BURNETT v. DOJ/DEA (filed Mar 27, 2019)
    Gerry Burnett, a federal prisoner, submitted a FOIA request to the Drug Enforcement Administration for records concerning the basis for a search warrant used for surveillance of Burnett during the agency’s investigation of him. The agency acknowledged receipt of the request. The agency told Burnett that his request qualified for unusual circumstances. After hearing nothing further from the agency, Burnett filed suit.
    Issues: Failure to respond within statutory time limit
  11. Center For Biological Diversity v. Bureau of Land Management (filed Mar 28, 2019)
    The Center for Biological Diversity submitted a FOIA request to the Bureau of Land Management for records concerning the resource management plan for the Southern Diablo Range and Central Coast of California and amendments to the plan allowing for gas and oil exploration. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Center for Biological Diversity filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
  12. DEMOCRACY FORWARD FOUNDATION v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 28, 2019)
    Democracy Forward Foundation submitted a FOIA request to the Department of Health and Human Services for records concerning its rulemaking entitled Protecting Statutory Conscience Rights in Health Care Delegations of Authority. DFF also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the 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
  13. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. U.S. DEPARTMENT OF THE NAVY (filed Mar 28, 2019)
    Public Employees for Environmental Responsibility submitted two FOIA requests to the Department of the Navy for records concerning radiological data for Treasure Island, an artificial island in San Francisco Bay. PEER also requested a fee waiver. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, PEER filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  14. NATIONAL PUBLIC RADIO, INC. et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 28, 2019)
    National Public Radio reporter Alison Kodjak submitted two FOIA requests to the Department of Health and Human Services for records concerning Roger Severino, Director of the Office of Civil Rights. Kodjak’s first FOIA request asked for Severino’s daily calendar. Her second FOIA request asked for emails containing keywords such as pro-life. The agency did not acknowledge either request. After hearing nothing further from the agency, NPR and Kodjak filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  15. PROJECT SOUTH et al v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT et al (filed Mar 28, 2019)
    Project South and Rina Hernandez submitted FOIA requests to U.S. Immigration and Customs Enforcement and U.S. Citizenship and Immigration Services for records concerning the death of Yulio Castro-Garrido while in custody at an ICE detention center. Project South also requested expedited processing. The agencies acknowledged receipt of the requests. Both agencies denied Project South’s request for expedited processing. Project South filed administrative appeals of the denials. Both agencies upheld their original decision to deny Project South’s request for expedited processing. After hearing nothing further from either agency, Project South filed suit.
    Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
  16. Gunster, Yoakley & Stewart, P.A. et al v. United States Department of the Interior (filed Mar 28, 2019)
    The law firm of Gunster, Yoakley & Stewart, on behalf of their client the United States Sugar Corporation, submitted a FOIA request to the Department of the Interior for records concerning communications from five officials at the Office of Everglades Restoration Initiatives containing a variety of keywords. The agency acknowledged receipt of the request and told the law firm that it considered the law firm a commercial requester. The law firm then asked for a fee estimate, but after failing to settle the issue, the law firm filed suit.
    Issues: Failure to respond within statutory time limit, Fee Category – Commercial, Litigation – Attorney’s fees
  17. Sea Shepherd Legal v. National Oceanic and Atmospheric Administration et al (filed Mar 28, 2019)
    Sea Shepherd Legal submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning the New Zealand Maui Dolphin. Sea Shepherd Legal also requested a fee waiver. The agency acknowledged receipt of the request and asked Sea Shepherd Legal to clarify its request. After failing to resolve that issue, Sea Shepherd Legal filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
  18. Aguirre v. United States Nuclear Regulatory Commission et al (filed Mar 29, 2019)
    Michael Aguirre submitted FOIA requests to the Nuclear Regulatory Commission for records concerning enforcement actions taken as a result of an investigation of a nuclear waster storage site near San Diego. Aguirre also requested expedited processing. The agency acknowledged receipt of the requests and denied Aguirre’s request for expedited processing. After hearing further from the agency, Aguirre filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  19. PUBLIC CITIZEN v. NATIONAL INSTITUTES OF HEALTH (filed Mar 29, 2019)
    Public Citizen submitted three FOIA requests to the National Institute for Health for records. Two of the requests concerned contacts between the agency and alcoholic beverage manufacturers. The third request concerned funding of grants made possible by contributions from for-profit companies. Public Citizen also requested a fee waiver for all three requests. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency pertaining to any of the requests, Public Citizen 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.

From → FOIA, PACER

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