FOIA Activity: 85 new FOIA court documents, plus case descriptions

We have added 72 documents from 10 FOIA cases filed between August 23, 2020 and August 29, 2020. 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 JUSTICE (filed Aug 25, 2020)
   American Oversight submitted a FOIA request to the Department of Justice’s Inspector General and the Office of Professional Responsibility for records concerning complaints about the conduct of Attorney General William Barr. The agency acknowledged receipt of the request but after hearing nothing further from the agency, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
2. JUDKINS v. U.S. DEPARTMENT OF THE TREASURY (filed Aug 25, 2020)
   Joseph Judkins, an attorney at the law firm of Baker & McKenzie, submitted a FOIA request to the Department of Treasury for records concerning an August 2018 Federal Resister notice regarding proposed regulations under IRC Section 965. The agency acknowledged receipt of the request. The agency provided an interim response consisting of 495 pages. The agency withheld 243 pages under Exemption 2 (internal practices and procedures). However, after receiving that interim response, Judkins heard nothing further from agency. Judkins then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. JUDKINS v. INTERNAL REVENUE SERVICE (filed Aug 25, 2020)
   Joseph Judkins, an attorney at the law firm of Baker & McKenzie, submitted a FOIA request to the IRS for records concerning an August 2018 Federal Register notice regarding regulations under IRC Section 965. The IRS acknowledged receipt of the request. The IRS gave Judkins a fee estimate, which he paid. After hearing nothing further from the agency, Judkins filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. LOUISE TRAUMA CENTER LLC v. WOLF et al (filed Aug 25, 2020)
   The Louise Trauma Center submitted FOIA requests to the Department of Homeland Security for records concerning training materials for staff working on asylum and other removal operations. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Louise Trauma Center filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. WaterWatch of Oregon v. U.S. Bureau of Reclamation (filed Aug 25, 2020)
   Waterwatch Oregon submitted a FOIA request to the U.S. Bureau of Reclamation for records concerning the agency’s management of stored water in Bowman Reservoir. The agency acknowledged receipt of the request but after hearing nothing further from the agency, WaterWatch Oregon filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Friends of Animals v. United States Fish and Wildlife Service (filed Aug 26, 2020)
   Friends of Animals submitted a FOIA request to U.S. Fish and Wildlife Services for records concerning permit applications, permits, and related records pertaining to import or re-export of queen conch. 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
7. FOUCHE v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al (filed Aug 26, 2020)
   Jeandre Fouche, a South African resident, submitted FOIA requests to U.S. Immigration and Customs Enforcement and U.S. Citizenship and Immigration Services for records concerning his detention by ICE. The agencies acknowledged receipt of the requests. ICE told Fouche it found only two pages responsive to his request. Fouche filed an administrative appeal. The agency upheld the appeal. USCIS located 49 pages of records which were referred to ICE for determination. After hearing nothing further from either agency, Fouche filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Wild Virginia et al v. United States Fish & Wildlife Service (filed Aug 26, 2020)
   Wild Virginia submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning an updated technical analysis of potential project-related sedimentation. Wild Virginia also requested expedited processing. The agency acknowledged receipt of the request. The agency denied the request under Exemption 4 (confidential business information). Wild Virginia filed an administrative appeal. After hearing nothing further from the agency, Wild Virginia filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Segregability – Disclosure of all non-exempt records
9. TEXAS CIVIL RIGHTS PROJECT et al v. UNITED STATES CUSTOMS AND BORDER PROTECTION et al (filed Aug 27, 2020)
   The Texas Civil Rights Project and the Institute for Constitutional Advocacy and Protection submitted FOIA requests to U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement for records on the treatment of unaccompanied minors. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, TCRP and ICAP filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
10. Barron v. National Archives and Records Administration et al (filed Aug 28, 2020)
    Robert Barron submitted a FOIA request to the National Archives and Records Administration for records. After the agency failed to respond, Barron filed suit.
    Issues: Failure to respond within statutory time limit

In addition, we have added 13 documents from 5 cases, with earlier filing dates, that have recently appeared on PACER.

1. Teo (filed Aug 19, 2020)
2. SCHAEFER v. UNITED STATES POSTAL SERVICE (filed Aug 19, 2020)
3. Fargo v. Federal Emergency Management Agency (filed Aug 19, 2020)
4. Andrew Rudick v. The United States Department of the Treasury (filed Aug 18, 2020)
5. ROBINSON v. FEDERAL BUREAU OF INVESTIGATION (filed Aug 18, 2020)