53 new FOIA court documents, plus case descriptions

We have added 53 documents from 10 FOIA cases filed between November 30, 2014 and December 6, 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. BUZZFEED, INC. et al v. DEPARTMENT OF DEFENSE (filed Dec 2, 2014)
   Aram Roston, a reporter for Buzzfeed, submitted a FOIA request to U.S. Central Command, a component of the Department of Defense, for records concerning complaints or allegations of misuse of force or brutality against detainees. The agency acknowledged Roston’s request and told him it was placed in the media category, but that at present it was too broad to process. After hearing nothing further from Central Command, Buzzfeed filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. SAFARI CLUB INTERNATIONAL v. U.S. FISH AND WILDLIFE SERVICE (filed Dec 3, 2014)
   Safari Club International submitted a FOIA request to the U.S. Fish and Wildlife Service for records concerning the agency’s enhancement of survival finding made for the importation of elephant trophies from Zimbabwe in 2014. The agency acknowledged receipt of the request, but told Safari Club International that a new FOIA Officer had just begun at the agency and while she was making sure all requests were acknowledged, things were in a state flux. Despite repeated emails trying to get information concerning the processing of the request, the agency failed to provide a substantive response within the statutory time limit and Safari Club filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Williams et al v. United States Army Corps of Engineers, Chicago District (filed Dec 3, 2014)
   Jason Williams, representing EJF Plus, submitted a FOIA request to the U.S. Army Corps of Engineers, Chicago District, for all records in its file concerning a finding by the agency that a piece of property owned by EJF Plus was in violation of the Clean Water Act because of sludge being dumped into a wetland area. The agency partially denied the request under Exemption 7(A) (ongoing investigation or proceeding) withholding a total of 176 documents and 58 photographs. Williams appealed the denial and after the agency failed to respond within the statutory time limit, Williams filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Public Record Media v. U.S. Department of the Interior (filed Dec 4, 2014)
   Public Record Media submitted a FOIA request to the Bureau of Land Management for communications submitted by companies or their employees supporting a copper/sulfide mining proposal. The agency did not acknowledge Public Record Media’s request and it filed an administrative appeal, which also went unanswered. Public Record Media then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Natural Resources Defense Council, Inc. v. United States Department of Agriculture et al (filed Dec 4, 2014)
   The Natural Resources Defense Council submitted a FOIA request to the Food Safety and Inspection Service at the Department of Agriculture for records concerning the agency’s inspection of Foster Farms’ facilities and the company’s application for approval of label claims for its chicken products. NRDC also requested a fee waiver. The agency provided two interim responses of 300 pages each, but after hearing nothing further pertaining to the processing of its request or whether its fee waiver request would be granted, NRDC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Stone v. McKeague et al (filed Dec 4, 2014)
   Rick Stone submitted three FOIA requests to Kelly McKeague, commanding office of the Joint POW/MIA Accounting Command, for records concerning data on servicemen missing in action. The agency failed to acknowledge receipt of any of the three requests and Stone filed suit.
   Issues: Failure to respond within statutory time limit
7. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. ENVIRONMENTAL PROTECTION AGENCY REGION 9 (filed Dec 5, 2014)
   PEER submitted a FOIA request to the EPA for records concerning communications between agency employees, Senate staffers, and members of the Malibu city council pertaining to possible toxic contamination of school buildings in the Malibu Santa Monica School District. The agency acknowledged receipt of the request, granted PEER a fee waiver, and took a 10-day extension. After hearing nothing further pertaining to a substantive response to its request, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. JACKSON & MacNICHOL et al v. MCDONALD (filed Dec 5, 2014)
   The law firm of Jackson & MacNichol submitted a FOIA request to the Department of Veterans Affairs for the claims file of their client, Joseph Viola. The agency acknowledged receipt of the request, but after hearing from further from the agency, Jackson & MacNichol filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Robbins Geller Rudman & Dowd LLP v. United States Securities and Exchange Commission (filed Dec 5, 2014)
   The law firm of Robbins Geller Rudman & Dowd submitted a FOIA request to the SEC for records concerning the agency’s investigation, transactions, offers and orders concerning the law firm’s client Lionsgate. The agency responded to the request by denying it in full under Exemption 7(A) (ongoing investigation or proceeding). The law firm appealed the agency’s denial, which the agency upheld. Robbins Geller Rudman & Dowd then filed suit.
   Issues: Determination – Glomar response, Exemption 7(A) – Interference with ongoing investigation, Litigation – Attorney’s fees
10. Natural Resources Defense Council, Inc. v. United States Enviornmental Protection Agency (filed Dec 5, 2014)
    The Natural Resources Defense Council submitted two FOIA requests to the EPA for records concerning the agency’s implementation of two provisions of the Clean Water Act. NRDC also requested a fee waiver. The agency acknowledged receipt of both requests and granted NRDC a fee waiver. However, after hearing nothing further from the agency pertaining to either request, NRDC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index