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CENTER FOR FOOD SAFETY v. ANIMAL AND PLANT HEALTH INSPECTION SERVICE and 13 other new FOIA lawsuits

by Harry Hammitt on September 9th, 2021

We have added 77 documents from 13 FOIA cases filed between August 22, 2021 and August 28, 2021. 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. CENTER FOR FOOD SAFETY v. ANIMAL AND PLANT HEALTH INSPECTION SERVICE (filed Aug 26, 2021)
    The Center for Food Safety submitted a FOIA request to the Animal and Plant Health Inspection Service for records concerning revisions of regulations pertaining to genetically engineered organisms. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CFS filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
  2. BADER FAMILY FOUNDATION v. UNITED STATES COMMISSION ON CIVIL RIGHTS (filed Aug 23, 2021)
    The Bader Family Foundation submitted a FOIA request to U.S. Commission on Civil Rights for records concerning electronic communications sent by Catherine Lhamon or Katherine Culliton-Gonzalez. The agency acknowledged receipt of the request and asked the Bader Family Foundation to narrow the scope of its request. BFF did so. The agency denied the request because it did not specifically describe the records sought. BFF filed an administrative appeal. The agency denied the appeal on the same basis as it had denied the request. BFF then filed suit.
    Issues: Litigation – Attorney’s fees
  3. KAPLAN v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Aug 24, 2021)
    Michael Kaplan submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning Form I-213s sent to the Miami ICE office from January 201 to January 2021. Kaplan limited his request to non-personally identifying data elements. After hearing nothing further from the agency, Kaplan filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  4. AMERICA FIRST LEGAL FOUNDATION v. U.S. DEPARTMENT OF STATE (filed Aug 25, 2021)
    America First Legal Foundation submitted a FOIA request to the Department of State for records concerning the agency’s decision to terminate its investigation into the origins of COVID-19. AFLF also requested a fee waiver. The agency acknowledged receipt of the request and told AFLF that it would not be able to respond within 20 days. After hearing nothing further from the agency, AFLF filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  5. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF DEFENSE (filed Aug 25, 2021)
    American Oversight submitted five FOIA requests to the Department of Defense for records concerning calendars and meetings, decisions, and keywords from the January 6 investigation. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of its requests, American Oversight filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  6. AMERICAN CENTER FOR LAW AND JUSTICE v. INTERNAL REVENUE SERVICE (filed Aug 26, 2021)
    American Center for Law and Justice submitted a FOIA request to the IRS for records concerning applications for tax exemptions from the internal revenue code. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ACLJ filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  7. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. ENVIRONMENTAL PROTECTION AGENCY (filed Aug 27, 2021)
    Public Employees for Environmental Responsibility submitted two FOIA requests to the EPA for records. The first FOIA requested asked for background materials related to three documents. The second FOIA request asked records concerning the agency’s review of Navy remediation efforts for its buildings. PEER also asked for a fee waiver. The agency acknowledged receipt of the requests and granted PEER’s requests for a fee waiver. The agency told PEER its requests were too broad to be responded to within the statutory time limits. After hearing nothing further from the agency concerning either request, PEER filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  8. Blackmoon et al v. United States Department of Justice, The et al (filed Aug 23, 2021)
    Jody Blackmoon submitted a FOIA request to the Department of Justice for records concerning evidence related to an incident in which a car driven by Michael Wood hit and injured Blackmoon. After hearing nothing further from the agency, Blackmoon filed suit
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  9. Stepien v. Spinrad et al (filed Aug 27, 2021)
    Carol Stepien, a former employee of the agency, submitted two FOIA requests to the National Oceanic and Atmospheric Administration for records concerning communications to or from Michelle McClure related to high turnover rates at the agency. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Stepien filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  10. Manning et al v. Land Home Financial Services Inc. (filed Aug 23, 2021)
    Marcus Manning submitted a FOIA request to the Land Home Financial Services for records related to the Truth in Lending Act. When the agency failed to respond, Manning filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  11. SMALLS et al v. U.S. DEPARTMENT OF JUSTICE (filed Aug 23, 2021)
    Charissa and Eugene Smalls submitted a FOIA request to the Department of Housing and Urban Development concerning a property they owned. Dissatisfied with the agency’s response, the Smalls filed an administrative appeal. Ultimately, the Smalls filed suit.
    Issues: Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  12. Huddle v. Federal Bureau of Investigation et al (filed Aug 25, 2021)
    Steve Huddle submitted FOIA requests to the FBI and the CIA. After hearing nothing further from the agencies, Huddle filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
  13. Coca v. Executive Office for Immigration Review et al (filed Aug 27, 2021)
    Luis Coca submitted a FOIA request to the Executive Office for Immigration Review for records concerning his removal order. After hearing nothing further from the agency, Coca filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 3 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

From → FOIA, PACER

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