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Jan 26 16

Good News and Bad News on FOIA Responsiveness

by FOIA Project Staff
rising_wait_times Increasing wait times seen for five of the six
agencies that replied to our latest FOIA survey
(click image for the interactive tool)

Six agencies out of the 22 surveyed have already provided very timely responses to TRAC’s latest quarterly survey requesting records on FOIA processing data through December 2015. These agencies were: the U.S. Air Force (Headquarters), the U.S. Army, the U.S. Navy, the Bureau of Land Management (BLM), the Fish and Wildlife Service (FWS) and the Environmental Protection Agency (EPA). Each responded in a matter of a few days.

That’s the good news.

read more…

Feb 11 16

FOIA Activity: 12 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 12 decisions of a procedural or substantive nature filed between January 31, 2016 and February 6, 2016. These are associated with 12 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.

Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.

  1. CAE 1:2015cv01412San Luis & Delta-Mendota Water Authority v. Office of the Solicitor, of the U.S. Department of the Interior, et al.
    • February 3, 2016: MEMORANDUM DECISION AND ORDER GRANTING IN PART FEDERAL DEFENDANTS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM signed by District Judge Lawrence J. O'Neill on February 3, 2016. (Munoz, I)
  2. read more…

Feb 11 16

Lawyers’ Committee For Civil Rights of the San Francisco Bay Area et al v. Executive Office for Immigration Review et al and 3 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 53 documents from 4 FOIA cases filed between January 31, 2016 and February 6, 2016. 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. Lawyers' Committee For Civil Rights of the San Francisco Bay Area et al v. Executive Office for Immigration Review et al (filed Feb 2, 2016)
    The Lawyers Committee for Civil Rights of the San Francisco Bay Area and a coalition of public interest groups submitted two FOIA requests to the Executive Office for Immigration Review at the Department of Justice for records concerning policies, procedures, standards, and criteria developed and applied to expedited dockets announced for immigration courts across the country on July 9, 2014 read more…
Feb 5 16

FOIA Activity: 13 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 13 decisions of a procedural or substantive nature filed between January 24, 2016 and January 30, 2016. These are associated with 13 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.

Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.

  1. CAN 3:2015cv06055Carlson v. United States Postal Service
    • January 27, 2016: ORDER GRANTING re [6] Stipulation Extending Time to Respond to Complaint filed by United States Postal Service. Signed by Chief Magistrate Judge Joseph C. Spero on 1/29/16. (klhS, COURT STAFF) (Filed on 1/27/2016) (Additional attachment(s) added on 1/27/2016: # 1 Certificate/Proof of Service) (klhS, COURT STAFF).
  2. read more…

Feb 5 16

NEW ENGLAND ANTI-VIVISECTION SOCIETY v. FISH AND WILDLIFE SERVICE et al and 21 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 134 documents from 22 FOIA cases filed between January 24, 2016 and January 30, 2016. 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. NEW ENGLAND ANTI-VIVISECTION SOCIETY v. FISH AND WILDLIFE SERVICE et al (filed Jan 29, 2016)
    The New England Anti-Vivisection Society submitted a FOIA request to the U.S. Fish and Wildlife Service for records concerning the agency’s effort to assist the Yerkes National Primate Center, an animal research laboratory in Atlanta, to obtain a permit under the Endangered Species Act to export eight chimpanzees to the Wingham Wildlife Park, a private zoo, in Kent, England read more…
Feb 2 16

Updates to FOIA Backlogs and Processing Times data tool

by FOIA Project Staff

We have made the following updates to the Agency FOIA Backlogs and Processing Times data tool:

Jan 28 16

FOIA Activity: 5 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 5 decisions of a procedural or substantive nature filed between January 17, 2016 and January 23, 2016. These are associated with 5 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.

Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.

  1. CAN 3:2014cv01130Our Children's Earth Foundation et al v. National Marine Fisheries Service et al
    • January 20, 2016: ORDER RESOLVING REMAINING ISSUES. Signed by Judge William H. Orrick on 01/20/2016. (jmdS, COURT STAFF) (Filed on 1/20/2016)
  2. read more…

Jan 28 16

THE JAMES MADISON PROJECT et al v. DEPARTMENT OF JUSTICE et al and 9 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 58 documents from 10 FOIA cases filed between January 17, 2016 and January 23, 2016. 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. THE JAMES MADISON PROJECT et al v. DEPARTMENT OF JUSTICE et al (filed Jan 22, 2016)
    The James Madison Project and Ken Dilanian submitted FOIA requests to a number of agencies for records concerning Thomas Drake, a former NSA employee who was accused of espionage. Various components of the Justice Department and other agencies acknowledged the JMP’s requests, but after hearing nothing further from the agencies, JMP filed suit read more…
Jan 21 16

FOIA Activity: 6 New Procedural or Substantive Decisions

by FOIA Project Staff

We have added 6 decisions of a procedural or substantive nature filed between January 10, 2016 and January 16, 2016. These are associated with 6 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.

Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.

  1. AK 3:2014cv00199Pebble Limited Partnership v. United States Environmental Protection Agency
    • January 12, 2016: ORDER granting in part as to the FACA docs and denying in part as to the FOIA docs re [61] Motion for summary judgment; denying [70] Motion for Hearing; def to reevaluate FOIA docs & rpt to crt by 2/12/16; as to FOIA docs def's mot for SJ remains unresolved. Signed by Judge H. Russel Holland on 1/12/16. (PRR, COURT STAFF) Modified on 1/12/2016 to create relationship to document #61 (PRR, COURT STAFF).
  2. read more…

Jan 21 16

PUBLIC CITIZEN, INC. v. DEPARTMENT OF HOMELAND SECURITY and 7 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt

We have added 77 documents from 8 FOIA cases filed between January 10, 2016 and January 16, 2016. 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. PUBLIC CITIZEN, INC. v. DEPARTMENT OF HOMELAND SECURITY (filed Jan 13, 2016)
    Public Citizen submitted a FOIA request to the Department of Homeland Security for a 2013 legal memo from Ingersoll-Rand arguing that DHS’s ban on awarding contracts to U.S. company’s who had moved abroad to avoid U.S. taxes was invalid, the agency’s response to the Ingersoll-Rand memo and any related records read more…