The Center for Investigative Reporting et al v. U.S. Department of Labor and 18 other new FOIA lawsuits
We have added 128 documents from 18 FOIA cases filed between March 31, 2019 and April 6, 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.
- The Center for Investigative Reporting et al v. U.S. Department of Labor (filed Apr 5, 2019)
Will Evans, a reporter for the Center for Investigative Reporting, submitted a FOIA request to the Department of Labor for records concerning 2016 EEO-1 Consolidated Reports for 55 companies. The agency acknowledged receipt of the request and provided an interim response. However, the agency subsequently told CIR that it was delaying its response until the Supreme Court ruled in FMI v. Argus Leader Media, dealing with the standard for determining competitive harm under Exemption 4 (confidential business information). CIR filed an administrative appeal, but after hearing nothing further from the agency, CIR filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Pickering v. U.S. Department of Justice et al (filed Mar 31, 2019)
Leslie Pickering submitted FOIA requests to the FBI, the Bureau of Alcohol, Tobacco and Firearms, and the Department of Homeland Security for records concerning Scott Crow. The agencies acknowledged receipt of the requests. The BATF and the FBI told Pickering that it found no records. Pickering filed administrative appeals of those decisions. The Office of Information Policy denied Pickering appeals. Pickering filed an administrative appeal with DHS after it failed to respond. After hearing nothing further from DHS, Pickering filed suit against both agencies.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF COMMERCE et al (filed Apr 1, 2019)
American Oversight submitted FOIA requests to the Department of Commerce and 13 other agencies for records concerning calendar entries for certain agency officials. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, AO filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF JUSTICE (filed Apr 1, 2019)
American Oversight submitted three FOIA requests to the Department of Justice for records concerning communications with outside parties pertaining to judicial nominations. AO also requested expedited processing for its first two requests because they were submitted during a Supreme Court vacancy. The agency acknowledged receipt of the requests and denied AO’s requests for expedited processing. 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 - PUBLIC CITIZEN, INC. v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (filed Apr 1, 2019)
Public Citizen submitted a FOIA request to the Department of Housing and Urban Development for records concerning the eligibility of individuals in the deferred action for childhood arrival program to obtain Federal Housing Administration loans and the acceptability of C33 employment authorization documents to establish borrower eligibility. Public Citizen also requested a fee waiver. The agency acknowledged receipt of the request and sent a form letter denying Public Citizen’s fee waiver request. Public Citizen filed an administrative appeal challenging the agency’s denial of its request for a fee waiver. HUD denied Public Citizen’s administrative appeal. Public Citizen then filed suit.
Issues: Litigation – Attorney’s fees, Public Interest Fee Waiver - PHILLIPS v. DEPARTMENT OF HOMELAND SECURITY et al (filed Apr 2, 2019)
Joshua Phillips, an investigative reporter, submitted FOIA requests to the Department of Homeland Security, the Department of Health and Human Services, the Department of Justice, the Department of State, and OMB for records concerning the treatment of alien minors in government detention centers. Phillips 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, Phillips filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver - Contreras & Metelska, P.A. v. Executive Office for Immigration Review et al (filed Apr 2, 2019)
Contreras & Metelska, an immigration law firm in St. Paul, Minnesota submitted a FOIA request to the Executive Office for Immigration Review for records concerning the agency’s efforts to comply with the 2018 Supreme Court ruling in Pereira v. Sessions. The agency acknowledged receipt of the request and told the law firm that it was considered a commercial requester for fee purposes. The law firm replied that it was not a commercial requester. The agency then said it would process the request and deal with the fee issue later. The law firm heard nothing further from the agency and finally submitted a second request for the information. Contreras & Metelska then filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Garcia Gonzalez v. US Citizenship & Immigration Services et al (filed Apr 2, 2019)
Delfino Garcia Gonzalez, who had been detained by U.S. Immigration and Customs Enforcement, submitted FOIA requests to ICE and U.S. Citizenship and Immigration Services for records concerning his immigration status. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, Gonzalez filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - THE WOLK LAW FIRM v. UNITED STATES OF AMERICA NATIONAL TRANSPORTATION SAFETY BOARD (filed Apr 2, 2019)
The Wolk Law Firm submitted FOIA requests on behalf of clients to the National Transportation Safety Board for records concerning investigations of fatal airplane crashes by NTSB. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the Wolk Law Firm filed suit.
Issues: Failure to respond within statutory time limit - The Center for Investigative Reporting et al v. U.S. Department of Health and Human Services (filed Apr 3, 2019)
Patrick Michaels, a reporter for the Center for Investigative Reporting, submitted two FOIA requests to the Department of Health and Human Services’ Office of Refugee Resettlement for records concerning placements of unaccompanied children in non-government operated facilities. The second FOIA request asked for records pertaining to a facility in Arkansas. CIR requested a fee waiver for both requests. The agency did not acknowledge receipt of the first request but did acknowledge the receipt of the second request. However, after hearing nothing further from the agency, CIR filed suit.
Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees - CENTER FOR BIOLOGICAL DIVERSITY v. U.S. FISH AND WILDLIFE SERVICE (filed Apr 3, 2019)
The Center for Biological Diversity submitted three FOIA requests to U.S. Fish and Wildlife Service for records concerning the Interior Department’s decision to discontinue FWS’s earlier decision to ban the use of pesticides on Refuge System lands. The agency acknowledged receipt of the requests but after hearing nothing further from agency concerning any of its requests, CBD filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - EQUITY FORWARD v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Apr 3, 2019)
Equity Forward submitted a FOIA request to the Department of Health and Human Services for records sent to or from Office of Refugee Resettlement director Scott Lloyd pertaining to pregnant unaccompanied minors. The agency acknowledged receipt of the request and told Equity Forward that it was being referred to the Administration for Children and Families for processing. After hearing nothing further from the agency, Equity Forward filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - ADVANCEMENT PROJECT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Apr 4, 2019)
The Advancement Project submitted FOIA requests to the Department of Homeland Security, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection for records concerning traffic stops, checkpoints, or roving patrols conducted separately or together by CBP and ICE. The Advancement Project also requested a fee waiver. ICE acknowledged receipt of the request, but neither DHS nor CBP acknowledged receipt of the requests sent to them. After hearing nothing further from the agencies, the Advancement Project filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver - LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE et al (filed Apr 4, 2019)
BuzzFeed reporter Jason Leopold submitted a FOIA request to the Department of Justice for a copy of the Mueller report and supporting records. Leopold also requested expedited processing. The agency acknowledged receipt of the request and granted Leopold’s request for expedited processing. The Office of Information Policy told Leopold that it would take the agency longer than 10 days to disclose the records. After hearing nothing further, Leopold filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - ANIMAL LEGAL DEFENSE FUND v. ANIMAL AND PLANT HEALTH INSPECTION SERVICE (filed Apr 4, 2019)
The Animal Legal Defense Fund submitted a FOIA request to the Animal and Plant Health Inspection Service for records concerning the cancellation of the Animal Welfare Act exhibitor license for Zoological De. P.R. at Mayaguez. The agency acknowledged receipt of the request. The agency told ADLF that it had searched two offices, one of which did not have any records. ADLF contacted the agency several times to check on its status, but after hearing nothing further from the agency, ADLF filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Thompson v. U.S. Justice Department (filed Apr 4, 2019)
David Thompson submitted FOIA requests to the Department of Justice for records. After the agency failed to respond to any of his requests, Thompson filed suit.
Issues: Failure to respond within statutory time limit - CALIFORNIA AIR RESOURCES BOARD v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al (filed Apr 5, 2019)
The California Air Resources Board submitted FOIA requests to the EPA and the National Highway Traffic Safety and Administration for records concerning vehicle fleet composition, new car sales, vehicle safety, battery technology, and other related matters. The agencies acknowledged receipt of the requests. NHTSA denied several portions of CARB’s requests with no explanation. The agency also withheld records under Exemption 4 (confidential business information) and Exemption 5 (privileges). CARB filed an administrative appeal of the denial by NHTSA. After hearing nothing further from either agency, CARB filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Apr 5, 2019)
Judicial Watch submitted two FOIA requests to the Department of State for records concerning contacts between the U.S. Mission to the United Nations and the Commission Internacional Contra la Impunidad en Guatemala. The agency acknowledged receipt of the 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
In addition, we have added 1 document from 1 case, with an earlier filing date, that has recently appeared on PACER.
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