Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

1. JUDICIAL WATCH, INC. v. U.S. SECRET SERVICE
2. Stevens v. Department of Homeland Security
3. Natural Resources Defense Council v. United States Food and Drug Administration
4. FOOD & WATER WATCH, INC. v. U.S. FOOD AND DRUG ADMINISTRATION
5. FUREY v. SECURITIES AND EXCHANGE COMMISSION

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

1. SHAPIRO v. DEPARTMENT OF JUSTICE
2. Katsiaficas v. Central Intelligence Agency
3. BALL v. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE
5. Valerio v. Social Security Administration
6. Cook v. United States Secretary of Agriculture et al
7. QUALITY REIMBURSEMENT SERVICES, INC. v. CENTERS FOR MEDICARE AND MEDICAID SERVICES
8. COMPETITIVE ENTERPRISE INSTITUTE v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
9. Davis v. Department of State et al

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

1. Hidalgo Cordoba v. Mayorkas et al
2. Phillips v. Federal Bureau of Investigation ("FBI")
3. SHAPIRO et al v. DEPARTMENT OF JUSTICE
4. NATIONAL SECURITY COUNSELORS et al v. DEPARTMENT OF JUSTICE
5. CASE NUMBER NOT USED
6. CLEVELAND v. U.S. DEPARTMENT OF STATE
7. CASE NUMBER NOT USED
8. JUDICIAL WATCH, INC. v. US DEPARTMENT OF STATE
9. v. CLEVELAND et al
10. Torres Consulting and Law Group LLC v. United States Department of Energy
11. STEIN v. DEPARTMENT OF JUSTICE
12. ALASKA WILDERNESS LEAGUE et al v. BUREAU OF OCEAN ENERGY MANAGEMENT et al
13. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE

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

• DILLON v. FEDERAL BUREAU OF INVESTIGATION (filed April 16, 2013)

Figure 1. Rising Backlog as ICE FOIA Receipts Outstrip Closures

The situation has significantly worsened during the current fiscal year, according to the latest available agency records analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University for FOIAproject.org. As of the halfway point in fiscal year 2013 (between October 1, 2012 and March 31, 2013), ICE had recorded receiving 16,645 requests, of which it had closed only 11,534. If the same pace were to continue for the rest of FY 2013, receipts would be twice the level they were two years ago, and 38 percent higher than last year’s record-high numbers. Four out of five (81%) of ICE’s FOIA receipts thus far in FY 2013 have been referrals from CIS.

So far in FY 2013, ICE is closing FOIA cases at a pace 9 percent higher than the year before. However, unless steps are taken to increase staffing levels in ICE’s FOIA office or reduce the number of CIS referrals ICE is being asked to process, ICE’s backlog of cases is projected to grow to over 13,125 by the end of September when the fiscal year ends. This is three and a half times higher than the agency’s record-high backlog at the end of FY 2012.

With the public debate over immigration reform in full swing, there is a continuing need for access to information about what ICE has been doing to enforce immigration laws. But the backlog is projected to be so large that even if ICE completely stopped receiving any new requests it would take more than six months to answer those it already had. Since ICE is legally obligated to accept new requests, the future looks grim for FOIA requestors. The outlook is equally bleak for ICE’s FOIA office staff, who have to cope both with an incredible workload and unhappy FOIA requestors waiting for the records they need.

April data analyzed by TRAC suggest that older cases are largely being forgotten, perhaps buried under the pile of newly arriving requests. As a result, there has been a substantial jump in ICE’s backlog of unanswered requests that have been waiting more than 60 and 90 days. In just last four weeks, the number of these FOIA requests waiting to be answered more than 60 days has risen by 26.8 percent. Those waiting longer than 90 days have doubled, reaching 2,629 cases. ICE’s oldest pending request now has already been pending without response for 640 days. See Table 2.

In consideration for agreeing to settle this case, the SEC agrees to pay $22,000 to CREW for attorney’s fees.

However, page 5 of the DOJ’s list of FOIA cases decided in 2012 indicates that no fees or costs were stipulated.

We’re still interested in whether the DOJ’s listing accurately reflects the status of any cases in which you may have been involved, or if the listing fails to include your case. You can contact us or leave a comment below to let us know.

Excerpt from p. 15 of DOJ’s 2012 FOIA Compliance and Litigation Report

However, court documents for these two cases clearly stipulate fees to be paid by the government. (Edit: Although the stipulation for the first case, 12-551, had not been made until 2013, DOJ was misleading at best in stating that no fees had been ordered in 2012, as the case was not yet closed. In addition, DOJ erred in reporting that no fees were ordered in 2012 for the second case, 12-01265, a fact which was not noted in the original post.)

Stipulation for DC 1:2012cv00551

Stipulation for DC 1:2012cv01265

Stipulation for DC 1:2012cv00101

If you were involved in a FOIA lawsuit that received a decision in 2012, please check out the DOJ’s listing, and then contact us or leave a comment below to let us know how accurately the information reflects the status of your case.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

1. Torres Consulting and Law Group LLC v. United States Department of Energy
2. Mosier v. Central Intelligence Agency
3. LIPPL v. U.S. DEPARTMENT OF THE NAVY
4. United States Justice Foundation v. Burns et al

In addition, we have added 6 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• Asian Law Caucus v. United States Immigration and Customs Enforcement et al (filed April 9, 2013)
• Lane v. The Department of Justice et al (filed April 9, 2013)

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

1. ELECTRONIC PRIVACY INFORMATION CENTER v. FEDERAL BUREAU OF INVESTIGATION
2. Asian Law Caucus v. United States Immigration and Customs Enforcement et al
3. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
4. PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE v. UNITED STATES DEPARTMENT OF AGRICULTURE
5. AMERICAN CHEMISTRY COUNCIL INC v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
6. POULSEN v. DEPARTMENT OF HOMELAND SECURITY
7. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY et al v. U.S.DEPARTMENT OF THE INTERIOR BUREAU OF OCEAN ENERGY MANAGEMENT
8. STEINER v. BUREAU OF OCEAN ENERGY MANAGEMENT
9. Stevens v. United States Department Of Justice

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

• Leon Mike v. San Luis Obispo and Richmond Branches of the Social Security Administration (filed April 5, 2013)

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

1. WADELTON et al v. DEPARTMENT OF STATE
2. CENTER FOR EFFECTIVE GOVERNMENT v. U.S. DEPARTMENT OF STATE et al
3. The New York Times Company et al v. United States Department of Justice
4. Sharma v. EOAUSA
5. Phillips v. Internal Revenue Service
6. COMPETITIVE ENTERPRISE INSTITUTE v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
7. SIERRA CLUB et al v. FEDERAL HIGHWAY ADMINISTRATION

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

1. JUDICIAL WATCH INC v.UNITED STATES DEPARTMENT OF HOMELAND SECURITY
2. WILLIAMS & CONNOLLY, LLP v. OFFICE OF COMPTROLLER OF CURRENCY
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE
4. FAMILY RESEARCH COUNCIL, INC. v. U.S. DEPARTMENT OF JUSTICE et al
5. COMPETITIVE ENTERPRISE INSTITUTE et al v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
6. California Sportfishing Protection Alliance v. Santa Rosa Stainless Steel Fabricators, Inc.
7. Mountain West Helicopters v. United States Department of Agriculture
8. Walker v. Virginia Army National Guard