ADVOCATES FOR HIGHWAY AND AUTO SAFETY v. FEDERAL HIGHWAY ADMINISTRATION and 10 other new FOIA lawsuits, plus case descriptions

We have added 61 documents from 11 FOIA cases filed between June 14, 2015 and June 20, 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. ADVOCATES FOR HIGHWAY AND AUTO SAFETY v. FEDERAL HIGHWAY ADMINISTRATION (filed Jun 16, 2015)
   Advocates for Highway and Auto Safety submitted a FOIA request to the Federal Highway Administration for records concerning the ET-Plus end terminal guardrail. Advocates also asked for a fee waiver. The agency granted a partial fee waiver and Advocates appealed that decision, which was upheld by the agency. Advocates then filed suit.
   Issues: Litigation – Attorney’s fees, Public Interest Fee Waiver
2. HERNANDEZ v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Jun 19, 2015)
   Espigmenio Hernandez , a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning him. The agency responded to Hernandez’s request by disclosing a handful of records and withholding others. Hernandez filed an administrative appeal with the Office of Information Policy. After hearing nothing further from OIP, Hernandez filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
3. Center for Biological Diversity (filed Jun 15, 2015)
   The Center for Biological Diversity submitted a FOIA request to the U.S. Fish and Wildlife Service for records concerning the agency’s decision to not list the Rio Grande cutthroat trout under the Endangered Species Act. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Center filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. JUDICIAL WATCH, INC. v. DEPARTMENT OF HOMELAND SECURITY (filed Jun 15, 2015)
   Judicial Watch submitted a FOIA request to the U.S. Secret Service for records concerning any expenses incurred in providing security for former President Bill Clinton during trips to the Caribbean island of Little St. James from 2001 to the present. When the agency failed to respond within the statutory time limits, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Jun 16, 2015)
   Judicial Watch submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for communications to or from the Director’s office concerning a January 2014 fire and explosion at an apartment complex in Minneapolis. When the agency failed to respond within the statutory time limits, 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. U.S. DEPARTMENT OF JUSTICE (filed Jun 16, 2015)
   Judicial Watch submitted a FOIA request to the Department of Justice for communications to or from the Attorney General’s Office concerning a January 2014 fire and explosion at an apartment complex in Minneapolis. When the agency failed to respond within the statutory time limits, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. Ferreira Ream et al v. United States Customs and Border Protection et al (filed Jun 17, 2015)
   Priscilla Santos Ferreira Ream and Brian Ream submitted a FOIA request to U.S. Customs and Border Protection for records concerning Ms. Ream, a Brazilian citizen, to be used during her immigration status hearing. After the agency failed to respond, Ream’s attorney filed another request for the same records. CBP denied the second request as duplicative, but still did not respond to the first request. Ream then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Annabelle Limited Partnership et al v. Internal Revenue Service (filed Jun 17, 2015)
   Annabelle Limited Partnership and Broadway 21st Associates, two dissolved limited partnerships, submitted FOIA requests through their representatives to the IRS for their 2004-2005 tax records. After the agency failed to respond, the representatives filed suit on their behalf.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. YA GLOBAL INVESTMENTS, LP et al v. INTERNAL REVENUE SERVICE (filed Jun 18, 2015)
   Judicial Watch submitted a FOIA request to the Department of Justice for communications to or from the Attorney General’s Office concerning a January 2014 fire and explosion at an apartment complex in Minneapolis. When the agency failed to respond within the statutory time limits, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Natural Resources Defense Council, Inc. v. Federal Emergency Management Agency (filed Jun 18, 2015)
    The Natural Resources Defense Council submitted a FOIA request to the Federal Emergency Management Agency for records concerning its implementation of the National Flood Insurance Program. The agency acknowledged receipt of the request and conditionally granted the NRDC’s fee waiver request. NRDC submitted a second FOIA request for more records about the Flood Insurance Program. That request was acknowledged and its fee waiver request was also granted conditionally. Since that time, however, the agency had failed to respond further and the NRDC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
11. CITIZENS AGAINST RAIL EXPANSION IN FLORIDA v. U.S. DEPARTMENT OF TRANSPORTATION et al (filed Jun 19, 2015)
    Citizens Against Rail Expansion in Florida submitted a FOIA request to the Department of Transportation for communications between agency officials and All Aboard Florida, Florida East Coast Railway, and Fortress Investment Group concerning the development of high-speed rail service. Although CARE FL had several conversations with the agency concerning the processing of its request, the group had not received any records when it filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees