Goldwater Institute v. United States Department of Health and Human Services and 8 other new FOIA lawsuits, plus case descriptions

We have added 39 documents from 9 FOIA cases filed between June 7, 2015 and June 13, 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. Goldwater Institute v. United States Department of Health and Human Services (filed Jun 9, 2015)
   The Goldwater Institute submitted a FOIA request to the Food and Drug Administration for records concerning whether ZMapp, an experimental drug given to two U.S. citizens who contracted Ebola, had been approved under the compassion use process for investigational new drugs. The Goldwater Institute also requested a fee waiver. The agency granted the fee waiver, but was denied access to the records under Exemption 4 (confidential business information). The Goldwater Institute appealed the decision, which was upheld. The Goldwater Institute then filed suit.
   Issues: Exemption 4 – Confidential business information, Litigation – Attorney’s fees
2. Everson v. USDA Forest Service (filed Jun 8, 2015)
   Everson, an employee of the U.S. Forest Service, requested her personnel file. The agency denied the request under Exemption 6 (invasion of privacy). Everson appealed the decision, but after hearing nothing further from agency, she filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Rogers v. United States of America (filed Jun 8, 2015)
   John Rogers submitted a FOIA request to the IRS. The agency acknowledged receipt of the request, but after the agency told Rogers it could not respond on time, Rogers filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Riverkeeper, Inc. et al v. Office of Management and Budget (filed Jun 8, 2015)
   River Keeper, Inc. and the Natural Resources Defense Council submitted a FOIA request to the Office of Management and Budget for records concerning its involvement reviewing EPA regulations pertaining to the Clean Water Act and the Endangered Species Act. The parties had several email exchanges and OMB finally released 71 pages seven months later. Dissatisfied with the pace and quantity of the response, River Keeper, Inc. and NRDC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Our Childrens' Earth Foundation et al v. National Marine Fisheries Service (filed Jun 9, 2015)
   Our Children’s Earth Foundation submitted a FOIA request to the National Marine Fisheries Service for records concerning the agency’s oversight of various activities conducted by Stanford University that allegedly were adversely impacting the steelhead, protected under the Endangered Species Act. The request was a follow-up to the Foundation’s previous eight requests that are currently in litigation. After the agency failed to respond within the statutory deadline, the Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. NATIONAL PARK SERVICE (filed Jun 9, 2015)
   PEER submitted two FOIA requests to the National Park Service for records concerning the agency’s decision to revise existing regulations to permit Indian tribes to gather certain plants for “traditional purposes.” The agency acknowledged receipt of both requests, but after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. BERARD v. FEDERAL BUREAU OF PRISONS (filed Jun 10, 2015)
   Dennis Berard submitted a FOIA request to the Bureau of Prisons for records concerning a confidential information report referenced in a disciplinary proceeding involving him. The agency acknowledged receipt of the request, but after failing to hear anything further from the agency, Berard filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
8. Klamath Riverkeeper v. National Marine Fisheries Service et al (filed Jun 12, 2015)
   Klamath Riverkeeper submitted a series of FOIA requests to the National Marine Fisheries Service for records concerning its regulatory oversight of water diversion from the Klamath River. The agency extended the time for responding to the requests, but after it failed to respond within the statutory time limit, Klamath Riverkeeper filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. TUSHNET v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Jun 12, 2015)
   Rebecca Tushnet, a professor at Georgetown University Law School, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning clothing seized or impounded by ICE from 2012 to the present. Tushnet requested a fee waiver, which was denied, but granted on appeal. The agency then told Tushnet her request was not specific enough and that the agency would close her request. She contacted the agency and argued that the request was not too vague, but after hearing nothing further from the agency she filed suit.
   Issues: Litigation – Attorney’s fees, Request – Specificity