61 new FOIA court documents, plus case descriptions

We have added 58 documents from 11 FOIA cases filed between October 12, 2014 and October 18, 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. Pebble Limited Partnership v. United States Environmental Protection Agency (filed Oct 14, 2014)
   Peeble Limited Partnership submitted a FOIA request to the EPA for records concerning the Peeble Mine Project and the agency’s Bristol Bay Assessment. The agency provided an interim response by posting 14 documents to its FOIA website. The agency later posted 559 documents, many of them heavily redacted, to its FOIA website and closed the request. The agency also provided a chart indicating that the redactions were primarily made under Exemption 5 (privileges). Peeble Limited Partnership filed an administrative appeal and the agency indicated it would take time to respond. Peeble Limited then filed suit.
   Issues: Exemption 5 – Privileges, Failure to respond within statutory time limit
2. Franklin v. State of Illinois Department of Adminstrative Hearing (filed Oct 14, 2014)
   Charles Edward Franklin submitted a request to the Illinois Department of Administrative Hearings for information he needed in order to have his driving privileges reinstated. When the Department failed to respond, he filed suit. Although Franklin may have a cause of action under Illinois’ Freedom of Information Act, he does not have a claim under the federal FOIA.
3. Buckley et al v. Amos et al (filed Oct 15, 2014)
   Gregory Buckley, Jr., a Marine stationed in Afghanistan, was murdered at the U.S. base by an Afghani. Although the family was promised that the incident would be investigated, Gregory Buckley, Sr. and Mary Liz Grosseto finally submitted a FOIA request to the Marine Corps for information about the investigation. After getting no substantive response from the agency, they filed suit
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. GOODWIN v. FEDERAL BUREAU OF PRISONS (filed Oct 16, 2014)
   Walter Goodwin, a federal prisoner, submitted a FOIA request to the Bureau of Prisons for a copy of a videotape of an incident of alleged excessive force that occurred at the psychology department office at the federal penitentiary at Tucson. The agency denied the request under Exemption 7(E) (investigative methods and techniques) and Exemption 7(F) (harm to an individual). Goodwin appealed to the Office of Information Policy, which upheld BOP’s denial. Goodwin then filed suit.
   Issues: Exemption 7(E) – Investigative methods or techniques, Exemption 7(F) – Harm to safety of any person
5. JUDICIAL WATCH, INC. v. FEDERAL COMMUNICATIONS COMMISSION (filed Oct 16, 2014)
   Judicial Watch submitted a FOIA request to the Federal Communications Commission for records related to the Multi-Market Critical Information Needs study to be conducted by the FCC. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. JUDICIAL WATCH, INC. v. DEPARTMENT OF HOMELAND SECURITY (filed Oct 16, 2014)
   Judicial Watch submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning a Request for Information/Sources Sought solicitation seeking escort services for unaccompanied alien children. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. JUDICIAL WATCH, INC. v. UNITED STATES SECRET SERVICE (filed Oct 16, 2014)
   Judicial Watch submitted a FOIA request to the U.S. Secret Service for records concerning government funds used to provide security for President Obama and his companions on a July 2014 trip to Denver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Oct 16, 2014)
   Judicial Watch submitted a FOIA request to the Department of State for records produced by the Diplomatic Security Command Center between September 10 and September 13, 2012 related to the attack on the U.S. consulate in Benghazi. After hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
9. Stephen Yagman v. John Owen Brennan et al (filed Oct 17, 2014)
   Stephen Yagman submitted a FOIA request to the CIA for records identifying individuals or entities referred to by President Obama when he said “we” had tortured people during the fight against terrorism. The agency did not provide a response to Yagman’s request and he filed suit. Yagman also filed a class action suit as the representative of an estimated 50 individuals who also wanted to know the identity of “we” in Obama’s comments.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. ENERGY & ENVIRONMENT LEGAL INSTITUTE et al v. FEDERAL ENERGY REGULATORY COMMISSION (filed Oct 17, 2014)
    The Energy & Environmental Legal Institute submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning Constellation Energy and its attempt to merge with Exelon Corporation. The agency acknowledged receipt of the request and took a 10-day extension. The agency ultimately released parts of some records, withholding records under Exemption 4 (confidential business information), Exemption 5 (privileges) and Exemption 6 (invasion of privacy). EELI appealed the denial and the agency disclosed several more pages, but otherwise upheld the denial. EELI then filed another appeal of the subsequent denial and the agency upheld the denial. EELI then filed suit.
    Issues: Exemption 4 – Confidential business information, Exemption 5 – Privileges, Exemption 6 – Invasion of privacy, Litigation – Attorney’s fees
11. Stevens v. Department of Homeland Security Immigration & Customs Enforcement (filed Oct 17, 2014)
    Jacqueline Stevens, a professor of political science at Northwestern, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the operation of the Aurora, Colorado Processing Center. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, Stevens filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

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

• Thuan Huy Ha v. US Department of Justice Executive Office for US Attorneys et al (filed Oct 7, 2014)
  Thuan Huy Ha submitted a FOIA request to the Department of Justice for billing records of eight pharmacy benefit management companies. Both the FBI and EOUSA responded with 40 pages of computer printouts that were missing a number of data fields. Huy Ha appealed to the Office of Information Policy, which upheld the agency’s decision. Huy Ha then filed a second FOIA request for nine records that were part of the exhibitions from his trial. The agencies never responded and OIP rejected Huy Ha’s appeal because EOUSA had taken no action yet. Huy Ha then filed suit.
  Issues: Failure to respond within statutory time limit