AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE and 29 other new FOIA lawsuits, plus case descriptions

We have added 193 documents from 27 FOIA cases filed between September 29, 2019 and October 5, 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. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE (filed Oct 1, 2019)
   American Oversight submitted two FOIA requests to the Department of State for records. The first FOIA request asked for communications between agency officials and Rudy Giuliani. The second FOIA request asked for communications between agency officials and former U.S. Ambassador to Ukraine Maria Yovanovitch. American Oversight also requested expedited processing for both requests. The agency acknowledged receipt of both requests but after hearing nothing further from the agency, American Oversight filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees – Eligibility, Litigation – Vaughn index
2. Coleman v. United States Drug Enforcement Administration (filed Oct 1, 2019)
   John Coleman, who operates Drug Watch International, a non-profit organization that serves as a watchdog over the DEA, submitted a FOIA request to the DEA for records concerning communications to or from former acting administrator Chuck Rosenberg and 13 individuals who had worked with the Justice Department or the intelligence community. After hearing nothing further from the agency, Coleman filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs, Litigation – Vaughn index
3. CITIZENS UNITED v. FEDERAL DEPOSIT INSURANCE CORPORATION (filed Sep 30, 2019)
   Citizens United submitted a FOIA request to the Federal Deposit Insurance Corporation for records concerning Elizabeth Warren’s appointment to the agency’s advisory committee on economic inclusion and records generated during her tenure on the committee. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Citizens United filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. INTERNATIONAL REFUGEE ASSISTANCE PROJECT v. DEPARTMENT OF STATE (filed Sep 30, 2019)
   The International Refugee Assistance Project submitted a FOIA request for records concerning the role of state and local jurisdictions in refugee resettlement and two other categories of records. IRAP also requested expedited processing. The agency acknowledged receipt of the request and denied IRAP’s request for expedited processing. It told IRAP that its request was being put on the complex track for processing. IRAP filed an administrative appeal of the denial of expedited processing. After hearing nothing further from the agency, IRAP filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. Sarama v. Drug Enforcement Administration (filed Sep 30, 2019)
   Daniel Sarama submitted a FOIA request to the DEA for records. The agency acknowledged receipt of the request and indicated that it was being processed. After hearing nothing further from the agency, Sarama filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. ACLU of Southern California v. The United States Department of Homeland Security (filed Oct 1, 2019)
   The ACLU of Southern California submitted a FOIA request to the Department of Homeland Security for records concerning U.S. Customs and Border Protection’s’ treatment of DACA beneficiaries. The ACLU of Southern California also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the ACLU of Southern California filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Friends of Animals v. United States Fish and Wildlife Service (filed Oct 1, 2019)
   Friends of Animals submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning applications to import African elephant trophies from Zimbabwe and Zambia, particularly applications that were issued or denied. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Friends of Animals filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
8. RESTORE PUBLIC TRUST v. U.S. DEPARTMENT OF TRANSPORTATION (filed Oct 1, 2019)
   Restore Public Trust submitted a FOIA request to the Department of Transportation for records concerning communications between the Secretary’s Office and American Crossroads. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Restore Public Trust filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
9. EDDINGTON v. CENTRAL INTELLIGENCE AGENCY (filed Oct 1, 2019)
   Patrick Eddington, a researcher at the Cato Institute, submitted a FOIA request to the CIA for records mentioning him. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Eddington filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. EDDINGTON v. NATIONAL SECURITY AGENCY et al (filed Oct 1, 2019)
    Patrick Eddington, a researcher at the Cato Institute, submitted a FOIA request to the National Security Agency for records concerning the implementation and efficacy of the USA-FREEDOM Act. Eddington also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied Eddington’s request for expedited processing. Eddington filed an administrative appeal of the denial of expedited processing. After hearing nothing further from the agency, Eddington filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. AMERICANS FOR PROSPERITY v. EXPORT-IMPORT BANK OF THE UNITED STATES et al (filed Oct 1, 2019)
    Americans for Prosperity submitted FOIA requests to the Export-Import Bank and the Department of Treasury for records concerning the government’s attempts to reduce government subsidized export financing. Americans for Prosperity also requested a fee waiver and inclusion in the media fee category. Both agencies acknowledged receipt of the requests. Both agencies told Americans for Prosperity that the request qualified for unusual circumstances and would take time to process. After hearing nothing further from either agency, Americans for Prosperity filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. NOVA OCULUS PARTNERS, LLC, f/k/a THE EYE MACHINE, LLC et al v. U.S. FOOD AND DRUG ADMINISTRATION (filed Oct 1, 2019)
    Nova Oculus Partners submitted a FOIA request to the FDA for records concerning emails sent by a number of agency employees referring to Nova Oculus or its partners or related entities. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Nova Oculus filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. MISCHLER v. U.S. DEPARTMENT OF JUSTICE et al (filed Oct 1, 2019)
    Amy Mischler filed suit alleging that the Commonwealth of Kentucky had improperly identified her as a child abuser. As part of her attempt to remove that information, she filed a FOIA request with the FBI. She also asked for expedited processing. The FBI acknowledged receipt of the request but after hearing nothing further from the agency, Mischler filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Moore v. U.S. Immigration and Customs Enforcement, et al. (filed Oct 1, 2019)
    Robert Moore, a journalist covering immigration issues in El Paso, submitted FOIA requests to U.S. Immigration and Customs Enforcement for records concerning the detention of immigrants seeking asylum in the El Paso area. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Moore filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Oct 2, 2019)
    Judicial Watch submitted two FOIA requests to the Department of State. The first FOIA request asked for records concerning consideration by the Committee on Foreign Investment in the United States pertaining to the Ukrainian company Burisma Holdings. The second FOIA request asked for records concerning the consideration by the Committee pertaining to the Chinese company Bohai Harvest RST. The agency acknowledged receipt of both requests. 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
16. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF THE TREASURY (filed Oct 2, 2019)
    Judicial Watch submitted two FOIA requests to the Department of Treasury. The first FOIA request asked for records concerning consideration by the Committee on Foreign Investment in the United States pertaining to the Ukrainian company Burisma Holdings. The second FOIA request asked for records concerning the consideration by the Committee pertaining to the Chinese company Bohai Harvest RST. 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
17. EDDINGTON v. FEDERAL BUREAU OF INVESTIGATION et al (filed Oct 2, 2019)
    Patrick Eddington, a researcher at the Cato Institute, submitted a FOIA request to the FBI for records on himself. The agency acknowledged receipt of the request. The agency then told Eddington that it found no records. Eddington then filed an appeal with the Office of Information Policy. OIP acknowledged receipt of the appeal but after hearing nothing further from the agency, Eddington filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. AMERICAN IMMIGRATION COUNCIL et al v. U.S. CUSTOMS AND BORDER PROTECTION et al (filed Oct 2, 2019)
    The American Immigration Council submitted a FOIA request to the Department of Homeland Security for records concerning changes in the credible fear standard for seeking asylum. AIC also requested expedited processing. The agency acknowledged receipt of the request. CBP granted AIC’s request for expedited processing but neither DHS nor U.S. Citizenship and Immigration Services addressed AIC’s expedited processing request. The Tahrish Justice Center also submitted a similar request. The agency acknowledged receipt of the request. USCIS provided some responsive records, but after hearing nothing further from the agencies pertaining to either request, AIC and the Tahrish Justice Center filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
19. CADDELL CONSTRUCTION CO. (DE), LLC v. DEPARTMENT OF THE NAVY (filed Oct 2, 2019)
    Caddell Construction submitted a FOIA request to the Department of the Navy for records concerning the modification of a contract the Navy had awarded to Caddell Construction. The agency acknowledged receipt of the request but denied the request entirely under Exemption 5 (privileges). Caddell Construction filed an administrative appeal of the denial. In response to Caddell Construction’s appeal, the agency disclosed seven documents. It subsequently released three more heavily redacted documents. Caddell Construction appealed that decision but after hearing nothing further from the agency, Caddell Construction filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
20. WILDEARTH GUARDIANS v. UNITED STATES BUREAU OF LAND MANAGEMENT et al (filed Oct 3, 2019)
    WildEarth Guardians submitted FOIA requests to the Bureau of Land Management for records concerning the Carlsbad Resource Management Plan. The agency acknowledged receipt of the request but after hearing nothing further from the agency, WildEarth Guardians filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
21. MONTANA ENVIRONMENTAL INFORMATION CENTER v. UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT (filed Oct 3, 2019)
    Montana Environmental Information Center submitted a FOIA request to U.S. Office of Surface Mining Reclamation and Enforcement for records concerning communications between the agency and the State of Montana and Western Energy Co. regarding the Area F expansion of the Rosebud Mine 10. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Montana Environmental Information Center filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
22. GWICH'IN STEERING COMMITTEE et al v. U.S. DEPARTMENT OF THE INTERIOR et al (filed Oct 3, 2019)
    Gwich’in Steering Committee, Alaska Wilderness League, Defenders of Wildlife, and the Wilderness Society submitted FOIA requests to the Department of Interior for records concerning the agency’s decision to allow drilling in the Arctic Wilderness Refuge. The agency acknowledged the requests but after hearing nothing further pertaining to any of the requests, the plaintiffs filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
23. SAVAGE v. DEPARTMENT OF THE NAVY (filed Oct 3, 2019)
    Courtland Savage, an African American student pilot with the Navy, submitted a FOIA request to the Department of the Navy for records concerning an investigation report on allegations of racial discrimination that resulted in Savage resigning from the Navy. The agency acknowledged receipt of the request. The Navy disclosed a heavily redacted copy of the report, claiming Exemption 3 (other statutes), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). Savage filed an administrative appeal of the denial. The Navy upheld the denial. Savage then filed suit.
    Issues: Litigation – Attorney’s fees
24. EDDINGTON v. UNITED STATES POSTAL SERVICE (filed Oct 3, 2019)
    Patrick Eddington, a researcher at the Cato Institute, submitted a FOIA request to the U.S. Postal Service for records concerning a registration or detention program for Muslims in the event of the authorization of military force against any nation. Eddington also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but told Eddington that it was too broad to allow for a search. Eddington filed an administrative appeal of the decision. He was told that his appeal was closed but did not receive a final letter for the agency. Eddington then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees
25. Northwest Environmental Advocates v. United States Natural Resources Conservation Service (filed Oct 3, 2019)
    Northwest Environmental Advocates submitted a FOIA request to U.S. Natural Resources Conservation Service for records concerning the control of polluted run-off from agriculture in Washington. The agency acknowledged receipt of the request. The agency provided an interim response of 148 pages. The agency sent its final response withholding 293 pages. NWEA filed an administrative appeal. After hearing nothing further from the agency, NWEA filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
26. PROTECT DEMOCRACY PROJECT, INC. v. U.S. DEPARTMENT OF JUSTICE et al (filed Oct 4, 2019)
    Protect Democracy Project submitted FOIA requests to the Department of Justice and the Department of Homeland Security for records concerning efforts to combat foreign influence campaigns by Russia, North Korea, China, or any other nation online. PDP also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. DHS granted PDP’s request for expedited processing. DHS HQ also told PDP that its request was too broad to allow for a search. DOJ also acknowledged receipt of the requests. But after hearing nothing further from either agency, PDP filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
27. Mosquera et al v. Barr et al (filed Oct 4, 2019)
    Monica Mosquera submitted a FOIA request to U.S. Citizenship and Immigration Services for her alien file and the alien relative petition for her ex-husband Hector Hoyos. The agency acknowledged receipt of the request and disclosed 48 pages from Mosquera’s file but did not include Hoyos’ petition. Mosquera filed an administrative appeal for Hoyos’ records. After hearing nothing further from the agency, Mosquera filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 3 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. Henry J. Kaiser Family Foundation dba Kaiser Health News v. U.S. Centers for Medicare and Medicaid Services et al (filed Sep 26, 2019)
2. LOPEZ-PENA v. TRUMP et al (filed Sep 24, 2019)
3. CROMITIE v. TRUMP et al (filed Sep 23, 2019)