Seife v. United States Food and Drug Administration and 12 other new FOIA lawsuits, plus case descriptions

We have added 79 documents from 13 FOIA cases filed between July 12, 2015 and July 18, 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. Seife v. United States Food and Drug Administration (filed Jul 14, 2015)
   Charles Seife, a professor of journalism at New York University, submitted a FOIA request to the FDA for records concerning the agency’s policy of embargoed press releases. The agency had several exchanges with Seife pertaining to his request and made a partial disclosure of records that were redacted under Exemption 5 (privileges). Records were also withheld as being non-responsive. Seife had also made four FOIA requests concerning investigations of fraud. The agency withheld records including under Exemption 4 (confidential business information). Seife finally filed suit on all his FOIA requests.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Gahagan v. United States Citizenship & Immigration Services (filed Jul 12, 2015)
   Immigration attorney Michael Gahagan submitted a FOIA request to U.S. Citizenship and Immigration Services for his client’s alien file. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Gahagan filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. POITRAS v. DEPARTMENT OF HOMELAND SECURITY et al (filed Jul 13, 2015)
   Laura Poitras, a journalist and documentary filmmaker who had been detained a number of times when returning to the U.S. after international travel, submitted FOIA requests to the Department of Homeland Security, the FBI, and the Office of the Director of National Intelligence for records concerning herself. None of the components of DHS except for U.S. Citizenship and Immigration Services responded to her request. CIS said it could find no records and affirmed that decision on appeal. The FBI referred her request to the Executive Office for U.S. Attorney, which located six pages and withheld them entirely under Exemption 3 (other statues). Poitras appealed the decision to the Office of Information Policy, but heard nothing further from that office. ONDI refused to confirm or deny the existence of records. Poitras appealed the decision, but heard nothing further from ONDI. She then filed suit against the three agencies.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. COLFIN JIH AHI PROPERTIES LLC v. INTERNAL REVENUE SERVICE (filed Jul 13, 2015)
   ColFin, formerly known as JER/Jameson Properties, a subsidiary of Jameson Inns, submitted a FOIA request to the IRS for the tax returns of Jameson from 2008-2011. The IRS denied the request and indicated it would send an explanation to Jameson. ColFin tried again, but the IRS once again denied its request. ColFin then filed suit.
   Issues: Adequacy – Search
5. LEOPOLD v. DEPARTMENT OF DEFENSE (filed Jul 13, 2015)
   Journalist Jason Leopold submitted a FOIA request to the Defense Intelligence Agency for a report it prepared assessing the damage done by Edward Snowden’s disclosures. DIA disclosed records, which referred to an interagency review task force. Leopold then requested records concerning the task force. He also asked for expedited processing. After hearing nothing further from the agency, Leopold filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Northwest Environmental Advocates v. U.S. Environmental Protection Agency (filed Jul 13, 2015)
   Northwest Environmental Advocates submitted a FOIA request to the EPA for records concerning Oregon’s Coastal Nonpoint Pollution Control Program. The organization also requested expedited processing and a fee waiver. The EPA denied its request for expedited processing and a fee waiver. After further back and forth over more than a year’s time, Advocates finally filed suit when the agency still had not provided any records.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. BENJENK v. CONSUMER FINANCIAL PROTECTION BUREAU (filed Jul 14, 2015)
   Randy Benjenk submitted a FOIA request to the Consumer Financial Protection Bureau for records pertaining to preparation of its report entitled “Consumer Voices on Credit Reports and Scores.” The agency disclosed 187 pages, but withheld nearly 2,000 pages under Exemption 4 (confidential business information), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). Benjenk appealed the agency’s decision, which was upheld on appeal. He then filed suit.
   Issues: Exemption 4 – Confidential business information, Exemption 5 – Privileges, Exemption 6 – Invasion of privacy, Litigation – Attorney’s fees
8. Jorge Alejandro Rojas v. Federal Aviation Administration (filed Jul 15, 2015)
   Jorge Alexandro Rojas submitted a FOIA request to the FAA for records concerning whether his racial/ethnic background had been accepted for purposes of his employment application. The agency acknowledged receipt of his request, but after hearing nothing further from the agency, Rojas filed suit.
   Issues: Failure to respond within statutory time limit
9. THE DAILY CALLER NEWS FOUNDATION v. CONSUMER FINANCIAL PROTECTION BUREAU (filed Jul 15, 2015)
   The Daily Caller News Foundation submitted a FOIA request to the Consumer Financial Protection Bureau for emails to or from Bureau personnel and two agency employees who were members of the union pertaining to political matters. At the request of the agency, the Daily Caller narrowed the scope of its request to 27 specific terms. The agency then told the Daily Caller that its request was too broad to be searched. The Daily Caller appealed the agency’s decision, which was upheld. The Daily Caller then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
10. JUDICIAL WATCH, INC. v. UNITED STATES DEPARTMENT OF STATE (filed Jul 15, 2015)
    Judicial Watch submitted a FOIA request to the Department of State concerning communications between State and the White House pertaining to photographs of Osama bin Laden on or about May 2, 2011. The agency acknowledged receipt of the request, but after 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
11. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Jul 15, 2015)
    Judicial Watch submitted a FOIA request to the Department of Justice for records concerning the decision to legalize non-sports betting over the internet. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. CREDICO v. DEPARTMENT OF HOMELAND SECURITY (filed Jul 15, 2015)
    Justin Credico submitted a FOIA request to the Department of Homeland Security for records concerning the Stuxnet Worm that was used to attack Iran’s nuclear program. The agency told Credico that the records were the property of the contractor, Battelle, and were not agency records. Credico then filed suit.
    Issues: Agency Record
13. Lucio Hinojosa v. Johnson et al (filed Jul 15, 2015)
    Matilde Lucio Hinojosa submitted a FOIA request to U.S. Citizenship and Immigration Services for her alien file. Her request was denied entirely. Lucio Hinojosa then filed suit.
    Issues: Exemption 6 – Invasion of privacy