SNYDER v. U.S. DEPARTMENT OF STATE and 17 other new FOIA lawsuits, plus case descriptions

We have added 98 documents from 17 FOIA cases filed between October 6, 2019 and October 12, 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. SNYDER v. U.S. DEPARTMENT OF STATE (filed Oct 11, 2019)
   Brad Snyder, a legal historian writing a biography of Supreme Court Justice Felix Frankfurter, submitted a FOIA request to the Department of State for records concerning David Niles and Max Lowenthal, proteges of Frankfurter. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Snyder filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Amberg v. Homeland Security, U.S. Dept. of (filed Oct 11, 2019)
   James Amberg submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning communications between an ICE special agent and the news media pertaining to the 2016 Victory Inn sex trafficking case. ICE acknowledged receipt of the request but told Amberg that it would not process the request without a third-party authorization from the ICE agent. Amberg told the agency he did not believe the ICE agent had any privacy rights under the circumstances. After hearing nothing further from the agency, Amberg filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
3. Llamas et al v. U.S. Immigration and Customs Enforcement (filed Oct 7, 2019)
   Noelle Llamas, an assistant to journalists Talia Lavin and Kenneth Klippenstein, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning a tweet sent by ICE that disparaged Lavin’s reporting. The agency acknowledged receipt of the request and initially identified it as a request for alien files. Llamas, Lavin, and Klippenstein explained to the agency that the request was not for an alien file and the agency agreed to process it. After hearing nothing further from the agency, Llamas, Lavin, and Klippenstein filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. HJD Capital Electric, Inc. v. United States Department of the Air Force, et al (filed Oct 7, 2019)
   HJD Capital Electric submitted FOIA requests to the Department of Air Force, Department of Army, and Department of Defense for records concerning a contract between the Air Force and Barlovento pertaining to the scope of work for a contract for renovation of facilities near San Antonio. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, HJD Capital Electric filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. National Lawyers Guild San Francisco Bay Area Chapter v. Department of Homeland Security et al (filed Oct 9, 2019)
   The National Lawyers Guild, San Francisco Chapter, submitted FOIA requests to the Department of Homeland Security for records concerning Jerome Aba, an individual from the Philippines who had been detained by U.S. Customs and Border Protection when he arrived at San Francisco International Airport. The agency acknowledged receipt of the requests. DHS provided some records with redactions under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(E) (investigative methods or techniques). The National Lawyers Guild filed an administrative appeal but after hearing nothing further from the agency, the National Lawyers Guild filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. SIERRA CLUB v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Oct 9, 2019)
   The Sierra Club submitted a FOIA request to the EPA for records concerning administrator Andrew Wheeler’s assertion that the effects of climate change would not occur for another 50 to 75 years. The agency acknowledged receipt of the request. The agency ultimately told the Sierra Club that its request was too vague to allow for a search. The Sierra Club filed an administrative appeal but after hearing nothing further from the agency, the Sierra Club filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. MONTANA ENVIRONMENTAL INFORMATION CENTER et al v. UNITED STATES OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT (filed Oct 9, 2019)
   Minnesota Environmental Information Center and the Sierra Club submitted FOIA requests to U.S. Office of Surface Mining Reclamation and Enforcement for records concerning communications between the agency and U.S. Fish and Wildlife Service pertaining to the Amendment 3 expansion of the Bull Mountains Mine 10. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Minnesota Environmental Information Center filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. BUZZFEED INC. v. U.S. DEPARTMENT OF TREASURY (filed Oct 9, 2019)
   BuzzFeed submitted a FOIA request to the Department of Treasury for records concerning the final report/memo for nine identified IG investigations, audits, or complaints. BuzzFeed also requested a fee waiver. After hearing nothing further from the agency, BuzzFeed filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. RCM Solutions, Inc et al v. General Services Administration (filed Oct 9, 2019)
   Ronald Martin and his company RCM Solutions submitted a FOIA request to the General Services Administration for records concerning the IP address associated with negative comments made on a GSA website designed to provide feedback about the agency’s performance. Martin assured the agency that his company did not make the comments. The agency acknowledged receipt of the requests but denied them on the basis of Exemption 5 (privileges) and Exemption 6 (invasion of privacy). RCM Solutions filed an administrative appeal of the denial. The agency upheld its original decision. RCM Solutions then filed suit.
   Issues: Litigation – Attorney’s fees
10. LEOPOLD et al v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Oct 10, 2019)
    BuzzFeed reporter Jason Leopold submitted FOIA requests to the Department of Homeland Security for records concerning repatriation referring to deceased individuals who died in the custody of U.S. Immigration and Customs Enforcement. Leopold also requested a fee waiver. U.S. Customs and Border Protection acknowledged the request sent to it but none of the other agencies acknowledged Leopold’s requests. After hearing nothing further from the agency, Leopold filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF EDUCATION (filed Oct 10, 2019)
    American Oversight submitted four FOIA requests to the Department of Education for records concerning Steven Menashi, the agency’s acting General Counsel who had just been nominated to serve on the U.S. Court of Appeals for the Second Circuit. American Oversight also requested expedited processing. The agency acknowledged receipt of the requests. The agency denied American Oversight’s expedited processing request for two of its requests but did not address the other two requests. After hearing nothing further from the agency pertaining to any of its requests, American Oversight filed suit.
    Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Buffalo Field Campaign v. United States Department of Interior, National Park Service (filed Oct 10, 2019)
    Buffalo Field Campaign submitted a FOIA request to the National Park Service for records concerning Yellowstone National Park’s policy on the impact of the size of the bison population on the Yellowstone ecosystem. Buffalo Field Campaign also requested a fee waiver. The agency acknowledged receipt of the request and granted Buffalo Field Campaign’s request for a fee waiver. The agency disclosed 149 pages but redacted portions under Exemption 5 (privileges). BFC filed an administrative appeal of the decision. The agency told BFC that it was reviewing the appeal but after hearing nothing further from the agency, BFC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Buffalo Field Campaign v. United States Department of Interior (filed Oct 10, 2019)
    Buffalo Field Campaign submitted a FOIA request to the Department of Interior for records concerning the agency’s bison management for Yellowstone National Park, the State of Montana’s inter-agency bison management plan, and reintroduction of bison in Yellowstone and any native American reservations. The agency acknowledged receipt of the request and invoked a 10-day extension. After hearing nothing further from the agency, BFC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. The Protect Democracy Project, Inc. v. U.S. Department of State (filed Oct 11, 2019)
    The Protect Democracy Project submitted two FOIA requests to the Department of State for records concerning communications between Rudy Giuliani and members of the U.S. Embassy in Ukraine. PDP also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, PDP filed suit.
    Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
15. The New York Times Company v. U.S. Department of State et al (filed Oct 11, 2019)
    New York Times reporter Mark Walker submitted FOIA requests to the Department of State for records concerning communications between a list of agency employees with a list of non-government individuals. Walker also asked for a fee waiver and expedited processing. The agency acknowledged receipt of the requests, granted Walker’s request for fee waivers, but denied his request for expedited processing. Walker submitted three FOIA requests to the Department of Justice for communications between the agency IG pertaining to a list of keywords. Walker also requested a fee waiver and expedited processing. DOJ acknowledged receipt of the requests, granted Walker’s requests for a fee waiver, but denied his requests for expedited processing. Walker submitted a FOIA request to the FBI for records concerning communications between two named agency officials and a list of non-government individuals. The agency acknowledged receipt of the request. After hearing nothing further from any of the agencies pertaining to any of its requests, the New York Times filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. Stacey & Jacobsen PLLC v. United States of America et al (filed Oct 11, 2019)
    The law firm of Stacey & Jacobsen submitted a FOIA request on behalf of their clients to U.S. Coast Guard for records pertaining to a collision on the Columbia River involving a tug boat and a recreational vessel. After hearing nothing from the agency for some time, the agency finally acknowledged receipt of the request. However, after hearing nothing further from the agency, Stacey & Jacobsen filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE (filed Oct 12, 2019)
    American Oversight submitted three FOIA requests to the Department of State for records concerning U.S. Special Representative to Ukraine Kurt Volker. American Oversight also requested expedited processing. The agency acknowledged receipt of the 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

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

• Rayan v. Saul et al (filed Oct 4, 2019)