48 new FOIA court documents, plus case descriptions

We have added 48 documents from 7 FOIA cases filed between April 20, 2014 and April 26, 2014. 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. JUDICIAL WATCH, INC. v. DEPARTMENT OF THE NAVY (filed Apr 22, 2014)
   Judicial Watch submitted a FOIA request to the Department of the Navy for records concerning the procedures for making a FOIA request. After the agency failed to respond within the statutory time limits, Judicial Watch filed suit.
   Issues: conduct adequate search, disclosure of all non exempt records by date certain, production of Vaughn index, attorney’s fees
2. COMPETITIVE ENTERPRISE INSTITUTE v. UNITED STATES DEPARTMENT OF THE INTERIOR et al (filed Apr 22, 2014)
   The Competitive Enterprise Institute sent several FOIA requests to the Department of the Interior and the National Park Service pertaining to the shut-down of national parks. The agency acknowledged the receipt of the requests and granted CEI’s requests for expedited processing and a partial fee waiver. However, after no substantive response was received for any of their requests, CEI filed suit.
   Issues: disclosure of records within 10 days of court order, enjoin agency from assessing any fees, attorney’s fees
3. PRISON LEGAL NEWS v. FEDERAL BUREAU OF PRISONS et al (filed Apr 23, 2014)
   Prison Legal News submitted a FOIA request to the Bureau of Prisons for records concerning Federal Prison Industries’ electronic recycling program, focusing on hazardous wastes and working conditions. Prison Legal News requested records in electronic format where available. Prison Legal News also requested a fee waiver and to be placed in the news media fee category. Four months later, BOP informed Prison Legal News that it would not search for records without a pre-payment of $1300 in search fees and $1400 in duplication costs. Prison Legal News filed an administrative appeal of BOP’s denial of its fee waiver and failure to categorize it as news media. After hearing nothing further from the agency, Prison Legal New filed suit.
   Issues: improper withholding, gran!
   t plaintiff news media fee status, grant fee waiver, find agency is not entitled to assess fees because it missed statutory deadlines, disclosure of all non-exempt records within 30 days, attorney’s fees
4. ENERGY & ENVIRONMENT LEGAL INSTITUTE et al v. ENVIRONMENTAL PROTECTION AGENCY (filed Apr 23, 2014)
   Energy & Environmental Legal Institute submitted a FOIA request to EPA for electronic records from EPA Region III for a three-month period that contained several keywords, particularly selenium. The Institute also requested a fee waiver. The EPA denied the Institute’s fee waiver on the basis that it had not shown how it would widely disseminate the information. The Institute appealed and the EPA accepted the Institute’s ability to disseminate the information, but denied the fee waiver request because disclosure of the information would not significantly contribute to public understanding of government operations. The Institute then filed suit.
   Issues: grant fee waiver, exhaustion of administrative remedies, disclosure of all non-exempt r! ecords, attorney’s fees
5. JUDICIAL WATCH, INC. v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (filed Apr 24, 2014)
   Judicial Watch submitted a FOIA request to the Office of the Director of National Intelligence for records concerning former National Intelligence Council advisor Theodore Moran. After the agency failed to respond within the statutory time limits, Judicial Watch filed suit.
   Issues: conduct adequate search, disclosure of all non-exempt records by date certain, production of Vaughn index, attorney’s fees
6. JUDICIAL WATCH, INC. v. DEPARTMENT OF THE INTERIOR (filed Apr 24, 2014)
   Judicial Watch submitted a FOIA request to the Department of the Interior for records concerning the “Camino Americano” rally held on the National Mall October 8, 2013. The agency acknowledged receipt of the request, but after it failed to respond within the statutory time limits, Judicial Watch filed suit.
   Issues: conduct adequate search, disclosure of all non-exempt records by date certain, production of Vaughn index, attorney’s fees
7. JUDICIAL WATCH, INC. v. UNITED STATES OFFICE OF SPECIAL COUNSEL (filed Apr 25, 2014)
   Judicial Watch submitted a FOIA request to the Office of Special Counsel for records concerning a complaint it filed in June 2010 with the Hatch Act Unit concerning Rahm Emanuel and Jim Messina. The agency acknowledged receipt of the request, but after the agency failed to respond within the statutory time limits, Judicial Watch filed suit.
   Issues: conduct adequate search, disclosure of all non-exempt records by date certain, production of Vaughn index, attorney’s fees