29 new FOIA court documents

We have added 29 documents from 5 FOIA cases filed between November 10, 2013 and November 16, 2013. 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. Ana Francisca Segovia et al v. United States Department of State
   Jorge Segovia, a citizen of San Salvador, is currently subject to removal proceedings before an immigration judge. In an attempt to adjust his immigration status, he requested the 1990 immigrant relative petition filed on his behalf by his mother Ana Francisca Segovia, a lawful permanent resident. The State Department located six responsive records, but withheld them all under Exemption 3 (other statutes), citing 8 U.S.C. 1202(f), which protects State Department records compiled during the issuance or refusal of a visa. Segovia appealed and his appeal was denied. Segovia then filed suit.
   Issues: adequacy of search, production of Vaughn index, improper withholding, attorneys fees
2. FREE MARKET ENVIRONMENTAL LAW CLINIC et al v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
   The Free Market Environmental Law Clinic requested internal and external correspondence relating to prospective coal export terminals, known as the Northwest Export Terminal, from EPA Region 10 in Seattle. ELC requested a public interest fee waiver. Although EPA Region 6 in Texas had granted ELC a fee waiver for similar records in response to a previous request, EPA Region 10 denied ELCs appeal of the agencys initial denial of a public fee waiver because it had not shown its ability to disseminate the information to a broad audience of persons interested in the subject matter. ELC then filed suit, arguing that EPA has a practice of granting fee waivers to public interest organizations that support its ideological point of view, but not to groups that disagree with the agency.
   Issues: public interest fee waiver, improper withholding of non-exempt records, attorneys fees
3. Gibson v. US Department of Labor
   Gibson represents the estate of Leo Paul Gonyea, who was killed in an industrial accident that occurred at APC Paper Company in Claremont, NH. As a result of the accident, the Occupational Safety and Health Administration conducted an investigation, which resulted in an informal settlement agreement between OSHA and APC Paper. Gibson was told by the Claremont police department that the informal agreement concluded the investigation and there was no current ongoing investigation into the industrial accident that resulted in Gonyeas death. Gibson then requested all OSHA records related to APC Paper. The agency disclosed 29 of 322 pages and cited Exemption 7(A) (ongoing investigation) and Exemption 7(C) (invasion of privacy concerning law enforcement records) as the basis for withholding the records. Gibson appealed and the agencys denial was upheld. He then filed suit.
   Issues: improper withholding, expedited proceedings, attorneys fees, sanctions
4. MARTIN-HARRIS CONSTRUCTION COMPANY v. UNITED STATES DEPARTMENT OF THE ARMY
   Martin-Harris Construction Co. submitted a FOIA request for records pertaining to a contract to build a dormitory at the Airman Training Center at Lackland Air Force Base. Although Martin-Harris submitted several FOIA requests to various Army components, they were all consolidated as one request at the Fort Worth office of the Army Corps of Engineers. The company worked with the agency to narrow the request, but the response still encompassed 14,200 pages. The responsive records were heavily redacted under Exemption 5 (privileges), Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Martin-Harris appealed the denial, but filed suit before the agency responded to the appeal.
   Issues: improper withholding, expedited proceedings, attorneys fees
5. SPEAKING TRUTH TO POWER v. UNITED STATES STRATEGIC COMMAND et al
   Speaking Truth to Power requested records related to the Air Force Global Strike Command Inspector Generals March 2013 investigation of the 91st Missile Wing at Minot Air Force Base that resulted in 17 officers losing their certification to launch ICBMs. The agency acknowledged receipt of the request, granted a fee waiver, and indicated it expected to respond to the request by July 2013. After hearing nothing further, Speaking Truth to Power filed suit.
   Issues: adequacy of search, disclosure of non-exempt records, fees, attorneys fees