47 new FOIA court documents, plus case descriptions

We have added 47 documents from 10 FOIA cases filed between March 29, 2015 and April 4, 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 State (filed Mar 30, 2015)
   The Energy & Environmental Legal Institute submitted a FOIA request to the State Department for records related to the Office of Marine Conservation. The agency acknowledged receipt of the request and granted EELI a fee waiver. EELI submitted a second FOIA request for records concerning State Department employee Day Mount. The agency acknowledged receipt of the second request and granted EELI a fee waiver. After hearing nothing further from the agency, EELI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. GATORE et al v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY (filed Mar 31, 2015)
   Catholic Charities and a number of individuals seeking asylum filed suit against the Department of Homeland Security to force the agency to disclose segregable portions of assessments prepared by asylum officers.
   Issues: Litigation – Attorney’s fees, Litigation – Segregability analysis
3. DONNELLY et al v. UNITED STATES DEPARTMENT OF THE ARMY (filed Mar 31, 2015)
   Elaine Donnelly, founder of the Center for Military Readiness, submitted FOIA requests for 40 documents to the Department of the Army. The Army acknowledged receipt of the request, but after hearing nothing further from the agency, Donnelly filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. DONNELLY et al v. UNITED STATES SPECIAL OPERATIONS COMMAND (filed Mar 31, 2015)
   This seems to be the same case as 4:15-cv-11232.
   Issues: Failure to respond within statutory time limit
5. DONNELLY et al v. UNITED STATES SPECIAL OPERATIONS COMMAND (filed Mar 31, 2015)
   Elaine Donnelly, founder of the Center for Military Readiness, submitted seven FOIA requests to the U.S. Special Operations Command. After hearing nothing further from the agency, Donnelly filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. The New York Times Company et al v. National Security Agency (filed Mar 31, 2015)
   New York Times reporter Charlie Savage submitted a FOIA request to the National Security Agency for certain reports by the NSA Inspector General. Savage also asked for a declassification review. Savage also asked for expedited processing. The NSA denied his request for expedited processing. After hearing nothing further from the agency, the New York Times filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. VETERANS FOR A STRONG AMERICA et al v. DEPARTMENT OF STATE (filed Apr 1, 2015)
   Veterans for a Strong America submitted a FOIA request to the Department of State for emails and phone communications pertaining to the attack on the U.S. consular facilities in Benghazi, particularly emails from former Secretary of State Hillary Clinton. Veterans for a Strong America received confirmation that the request had been successfully faxed to the State Department. But when its attorney contacted State to check on its status, he was told there was no record of the request. He then sent another copy of the request. The agency acknowledged receipt of that request. After some further back and forth resulted in no response from the agency, Veterans for a Strong America filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. COMPETITIVE ENTERPRISE INSTITUTE v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Apr 1, 2015)
   The Competitive Enterprise Institute submitted a FOIA request to the EPA for records pertaining to communications between the Office of Congressional and Intergovernmental Affairs and three Senators concerning certain key words identified by CEI. CEI made a second request for records pertaining to communications between the Office of Congressional and Intergovernmental Affairs and Rep. Raul Grijalva containing certain CEI-identified key words. The agency acknowledged receipt of the requests. After hearing nothing further about either request, CEI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Dr Orly Taitz v. Sylvia Burwell (filed Apr 2, 2015)
   Orly Taitz submitted a FOIA request to the Centers for Disease Control concerning Ebola. She filed suit in the Southern District of Texas, but the case was transferred to the Central District of
   Issues: Failure to respond within statutory time limit
10. Parrish v. McDonald et al (filed Apr 2, 2015)
    James Parrish submitted a FOIA request to the Department of Veterans Affairs for his claims file. After the agency failed to respond within the statutory time limit, Parrish filed an appeal with the VA Office of General Counsel. OGC remanded Parrish’s request for processing. After hearing nothing further from the agency, Parrish filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees