31 new FOIA court documents, plus case descriptions

We have added 28 documents from 6 FOIA cases filed between August 3, 2014 and August 9, 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. McNeely v. Department of Energy et al (filed Aug 4, 2014)
   Martha McNeely submitted a FOIA request for records concerning possible radiation exposure by employees at Hanford Nuclear Reservation, including her father. She sought her medical records as a child when she was at Hanford. Both Oak Ridge Operations Office and the Hanford Environmental Health Foundation told her they could find no records. The current medical records provider at Hanford told McNeely that she had been subject to multiple studies. While Oak Ridge referred her to public documents, she was unable to get the kind of records she was seeking. She appealed alleging the agency’s search was inadequate. The Office of Hearings and Appeals denied her appeal indicating that the search she wanted would be too burdensome. McNeely then filed suit.
   Issues: conduct adequate search, disclosure of all responsive records, production of Vaughn index by date certain, expeditious proceedings, attorney’s fees
2. ENERGY & ENVIRONMENT LEGAL INSTITUTE et al v. TENNESSEE VALLEY AUTHORITY (filed Aug 4, 2014)
   The Energy & Environmental Legal Institute submitted a FOIA request to the Tennessee Valley Authority for emails to or from several officials at the agency that referred to either Climate Action Plan or Gallatin Fossil Plant or the Sierra Club from September 2013 to March 2014. The Institute also requested a fee waiver. The agency responded by indicating that it would take a 10-day extension in processing the request. After hearing nothing more before the expiration of the statutory dead line, the Institute filed suit.
   Issues: improper withholding, disclosure of records, attorney’s fees
3. Immigrant Defense Project et al v. United States Immigration and Costoms Enforcement et al (filed Aug 5, 2014)
   The Immigrant Defense Project, the Center for Constitutional Rights, and the Hispanic Interest Coalition of Alabama submitted a request to the Department of Homeland Security for records concerning home-based immigration enforcement operations and their impact on local communities. The organizations also requested expedited processing and a fee waiver. U.S. Immigration and Customs Enforcement acknowledged receipt of the request, but did not address the request for expedited processing or a fee waiver. The organizations appealed both issues and the agency eventually granted the fee waiver, but denied expedited processing. The organizations again appealed the denial of expedited processing, but, aside from the agency’s indication that it was working on their request, they heard nothing further from ICE. The Department of Homeland Security also acknowledged receipt of the request. The Coast Guard denied the organizations’ request for expedited processing and a fee waiver, concluding that they were moot since records had already been sent to the requesters. The Federal Law Enforcement Training Center disclosed 26 pages of responsive records. DHS indicated that ICE would be responding separately. The organizations appealed the DHS decision, which was upheld. The organizations then filed suit.
   Issues: conduct adequate search, immediate disclosure of all records, require agency to expedite processing of request, enjoin agency from assessing fees, disclosure of all non-exempt records within 10 days of court order, attorney’s fees
4. ATTKISSON v. US DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Aug 8, 2014)
   Journalist Sharyl Attkisson submitted four requests to the Center for Medicare and Medicaid Services for records concerning healthcare.gov. The agency acknowledged receipt of her request, but failed to provide tracking numbers for each request. After hearing nothing further from the agency, Attkisson filed suit.
   Issues: conduct adequate search, disclosure of non-exempt records by date certain, production of Vaughn index, attorney’s fees
5. ENERGY & ENVIRONMENT LEGAL INSTITUTE et al v. ENVIRONMENTAL PROTECTION AGENCY (filed Aug 8, 2014)
   The Energy & Environmental Legal Institute submitted two FOIA requests to the EPA. The first request was for electronic records sent to former Senior Policy Counsel Robert Sussman related to the HQ-Dimock group. The Institute also requested a fee waiver. The agency responded by denying the fee waiver, but indicating that there would likely be no costs associated with the request. The second request was for electronic records to or from Administrator Gina McCarthy or her assistants that were to or from Francesca Grifo and referred to scientific integrity. The Institute also requested a fee waiver, which was initially denied. However, the agency granted the fee waiver after the Institute appealed. After hearing nothing further from the agency pertaining to either request, the Institute filed suit.
   Issues: prohibit agency from charging fees, grant fee waiver, improper withholding, disclosure of non-exempt records, attorney’s fees
6. DE PACO v. UNITED STATES CUSTOMS AND BORDER PROTECTION (filed Aug 8, 2014)
   After six years of participation in the program, U.S. Customs and Border Protecton revoked Cesar Manuel Cardoso Matos De Paco’s membership in the Global Entry Entrusted Traveler program. De Paco appealed the agency’s decision, which was upheld. He then submitted a FOIA request for all records in his CBP file. After hearing nothing further from the agency, De Paco filed suit.
   Issues: improper withholding, immediate disclosure of records, attorney’s fees

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

• Correa Coss v. United States Department of Justice et al (filed Aug 1, 2014)
  Adolfo Correa Coss, a former lawful permanent resident alien was convicted of drug charges. He learned the name of a confidential informant who had testified against him. He submitted a FOIA request to the Executive Office for U.S. Attorneys for a page in the confidential informant’s notebook containing Coss’s name and indicated that the whole page could be redacted except for his name. The request was denied by EOUSA for failure to show a compelling public interest. Coss appealed to OIP. He also filed an action to compel disclosure because the confidential informant was scheduled to be released from prison and removed from the United States. The agency told him it was closing his case for failure to pay a fee. He appealed and paid the fee. His request was then assigned a new number. Coss then filed suit.