31 new FOIA court documents, plus case descriptions

We have added 26 documents from 5 FOIA cases filed between February 15, 2015 and February 21, 2015. 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. ENERGY & ENVIRONMENT LEGAL INSTITUTE et al v. UNITED STATES DEPARTMENT OF ENERGY (filed Feb 18, 2015)
   The Energy & Environmental Legal Institute submitted a FOIA request to the Department of Energy for records concerning communications pertaining to EPA’s greenhouse gas standards. The Legal Institute also requested a fee waiver. After DOE failed to respond to the request, the Legal Institute filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
2. FRIENDS OF ANIMALS v. BUREAU OF LAND MANAGEMENT (filed Feb 18, 2015)
   Friends of Animals submitted two FOIA requests to the Bureau of Land Management. The first request pertained to BLM’s Wild Horse Adoption Program. The second request pertained to the use of any contraceptive administered to wild horses. Friends of Animals also requested a fee waiver for both requests. After the agency failed to respond to either request, Friends of Animals filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. JUDICIAL WATCH, INC. v. INTERNAL REVENUE SERVICE (filed Feb 18, 2015)
   Judicial Watch submitted a FOIA request to the IRS for records concerning the destruction of damaged hard drives by IRS employees since 2010. The agency responded that it could find no responsive records because it was unable to search its records based on the subject topic. Judicial Watch appealed and the IRS upheld its decision. Judicial Watch then filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION (filed Feb 19, 2015)
   Public Employees for Environmental Responsibility petitioned the Consumer Product Safety Commission to regulate synthetic tire products as “children’s products.” The agency declined to do so. PEER then submitted a FOIA request to the CPSC for records concerning what CPSC had done on the issue of crumb rubber playgrounds, playmats, or sports fields. PEER received confirmation that its FAX and email transmission of the request was successful, but after hearing nothing from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Dolores Street Community Services et al v. United States Department of Homeland Security et al (filed Feb 20, 2015)
   Dolores Street Community Services and several other public interest organizations submitted a FOIA request to the Department of Homeland Security for records concerning Immigration and Customs Enforcement’s Worksite Enforcement Strategy. Seventeen months later, ICE responded to parts of the request, withholding records under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(E) (investigative methods and techniques). Dolores Street filed an administrative appeal. The agency then provided a final response to the request and Dolores Street appealed that decision as well. ICE denied the appeal and Dolores Street filed suit.
   Issues: Exemption 6 – Invasion of privacy, Exemption 7(C) – Invasion of privacy concerning law enforcement records, Exemption 7(E) – Investigative methods or techniques, Litigation – Attorney’s fees, Litigation – In camera review, Litigation – Vaughn index

In addition, we have added 5 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• SMITH v. CENTRAL INTELLIGENCE AGENCY (filed Feb 13, 2015)
  Grant Smith, director of the Institute for Research, Middle Eastern Policy, submitted a request in 2010 to the CIA for declassification of all cross-referenced CIA files related to uranium diversion from the Nuclear Materials and Equipment Corporation to Israel. The CIA responded to Smith’s request is 2013 indicating that it found nothing in the materials that could be declassified. Smith filed an administrative appeal, which the agency denied. Smith then filed suit.
  Issues: Exemption 1 – Harm to national security, Litigation – Attorney’s fees, Litigation – Recovery of Costs
• Zamora v. U.S. Commodities Futures and Exchange Commission (filed Feb 4, 2015)
  Daniel Zamora submitted a FOIA request to the Commodities Futures Exchange Commission for records concerning Fit International Group Corp. After hearing nothing from the agency, Zamora filed suit.
  Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees