NATIONAL PARKS CONSERVATION ASSOCIATION v. DEPARTMENT OF THE INTERIOR et al and 8 other new FOIA lawsuits

We have added 70 documents from 7 FOIA cases filed between August 11, 2019 and August 17, 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 PARKS CONSERVATION ASSOCIATION v. DEPARTMENT OF THE INTERIOR et al (filed Aug 16, 2019)
   The National Parks Conservation Association submitted FOIA requests to the Department of the Interior and the National Park Service for records concerning the agency’s decision to keep certain parks open during the government shutdown. NPCA also requested a fee waiver. The agencies acknowledged receipt of the requests. Concerned about the possibility of another government shutdown in the future, NPCA submitted updated FOIA requests asking for expedited processing as well. The NPS granted NPCA’s request for expedited processing. However, after hearing nothing further from either Interior or NPS, NPCA filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. THE JAMES MADISON PROJECT et al v. DEPARTMENT OF THE TREASURY (filed Aug 14, 2019)
   The James Madison Project and Financial Times reporter Kadhim Shubber submitted a FOIA request to the Office of the Comptroller of the Currency at the Department of the Treasury for records. The agency acknowledged receipt of the request. The agency withheld records under Exemption 5 (privilege) and Exemption 8 (bank examination reports). JMP and Shubber filed an administrative appeal of the denial. The agency acknowledged receipt of the appeal, but after hearing nothing further from the agency, JMP and Shubber filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. MURDER ACCOUNTABILITY PROJECT v. U.S. DEPARTMENT OF JUSTICE et al (filed Aug 15, 2019)
   The Murder Accountability Project submitted six FOIA requests to the Department of Justice, the Department of Defense, and the Department of the Interior for data concerning the murder rate for Native Americans. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, MAP filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Klenk v. National Transportation Safety Board (filed Aug 12, 2019)
   Timothy Klenk submitted a FOIA request to the National Transportation Safety Board for records concerning the results of tests conducted by the University of Southampton on the cockpit voice recorder of TWA 800. The agency acknowledged receipt of the request. The agency withheld records under Exemption 5 (privileges). Klenk then filed suit.
   Issues: Litigation – Recovery of Costs
5. Villanueva v. United States Department of Justice et al (filed Aug 16, 2019)
   Daniel Villanueva, a private investigator, submitted FOIA requests to the FBI for records concerning the FBI’s role in an SEC investigation of Arthocare Corporation. The agency acknowledged receipt of the requests and told Villanueva that the agency expected to respond to his requests in 1,335 days. Villanueva filed an administrative appeal of that estimate. Villanueva attempted to contact the agency on several occasions to check on their status but after hearing nothing further from the agency, Villanueva filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Osorio-Rama v. Department of Homeland Security et al (filed Aug 13, 2019)
   Martin Osorio-Rama submitted a FOIA request to U.S. Customs and Border Protection for records concerning himself. The agency acknowledged receipt of the request and subsequently told Osorio-Rama that it would take 3-6 months to process his request. Osorio-Rama then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Hill v. Pleasanton Police Department et al (filed Aug 16, 2019)
   Cedric Hill filed suit against the Pleasanton Police Department. This is not a FOIA case.
   Issues: FOIA not mentioned

In addition, we have added 2 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• FLETE-GARCIA v. U.S. DEPARTMENT OF JUSTICE et al (filed Aug 6, 2019)
• Americans for Immigrant Justice, Inc. v. Department of Homeland Security et al (filed Aug 5, 2019)