Everytown for Gun Safety v. Bureau of Alcohol, Tobacco, Firearms, and Explosives and 26 other new FOIA lawsuits, plus case descriptions

We have added 192 documents from 26 FOIA cases filed between July 19, 2015 and August 1, 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. Everytown for Gun Safety v. Bureau of Alcohol, Tobacco, Firearms, and Explosives (filed Jul 23, 2015)
   Everytown for Gun Safety submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for aggregate gun trace data. BATF told Everytown that its 2010 appropriations legislation forbid it from using funds to process requests for gun trace data. Everytown appealed to the Office of Information Policy, which upheld BATF’s decision. Everytown submitted a second FOIA request to BATF for aggregate gun trace data for Missouri. After BATF failed to respond, Everytown appealed to OIP, which told Everytown that it would not decide its appeal unless there had been an adverse determination. Everytown submitted a third FOIA request to BATF for aggregate gun trace data for guns reported lost or stolen. BATF denied the third request based on the prohibition in its appropriations legislation. Everytown appealed to OIP, which remanded the case to BATF for processing and direct response. However, after BATF failed to respond further, Everytown filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. WILSON v. U.S. DEPARTMENT OF JUSTICE (filed Jul 20, 2015)
   Bryan Wilson, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for records pertaining to the agency’s acquisition of Wilson’s cell phone records from Nextel. After hearing nothing further from the agency, Wilson filed suit.
   Issues: Failure to respond within statutory time limit
3. BURKE v. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS et al (filed Jul 20, 2015)
   Robert Burke, a federal prisoner, submitted a number of FOIA requests to the Executive Office for U.S. Attorneys for records pertaining to his conviction in the Eastern District of Pennsylvania. Burke alleged that many of the requests had gone unanswered and he finally filed suit, against several components of the Justice Department, as well as the IRS and the National Archives.
   Issues: Failure to respond within statutory time limit
4. RIOS v. UNITED STATES OF AMERICA (filed Jul 22, 2015)
   Alex Rios, a federal prisoner, submitted a FOIA request to DEA for records concerning an investigation of DEA Special Agent Bruce Lange’s behavior during the investigation of Rios. The agency indicated that it would not process his request without third-party authorization. Rios filed an administrative appeal, but after hearing nothing further from the agency, he filed suit.
   Issues: Failure to respond within statutory time limit
5. Loredo-Briones (filed Jul 22, 2015)
   Antonio Loredo-Briones applied for a U.S. passport based on the fact that he was the son of a U.S. citizen and was under 18 years old. The State Department denied his application for a passport and Loredo-Briones filed suit to force the State Department to grant him a passport.
   Issues: FOIA not mentioned
6. LEVINTHAL et al v. FEDERAL ELECTION COMMISSION (filed Jul 20, 2015)
   Dave Levinthal, an investigative reporter for the Center for Public Integrity, submitted a FOIA request to the Federal Election Commission for any scheduling documents used by FEC commissioners between October 2013 and August 2014. The FEC acknowledged receipt of the request and indicated it was processing the request. After hearing nothing further, Levinthal filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Jul 21, 2015)
   PEER submitted a FOIA request to the EPA for records concerning the July 2014 chemical substance release at EPA’s Potomac Yard North Workspace. The agency acknowledged receipt of the request, but after hearing nothing further, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Plawinski v. Federal Aviation Administraton (filed Jul 21, 2015)
   Albert Plawinski submitted a FOIA request to the FAA for certificates of authority and certificates of waiver and authority issued to all recipients of section 333 exemptions. The agency acknowledged receipt of the request, but after the agency failed to respond, Plawinski filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. COMPETITIVE ENTERPRISE INSTITUTE v. OFFICE OF MANAGEMENT AND BUDGET (filed Jul 22, 2015)
   The Competitive Enterprise Institute submitted a FOIA request to OMB for emails between OMB official Michael Fitzpatrick and EPA staff during 2009. OMB told CEI that its request was too broad and that most responsive emails would be protected under Exemption 5 (privileges). CEI appealed OMB’s denial but after hearing nothing further from the agency, CEI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. LIBERMAN v. DEPARTMENT OF TRANSPORTATION (filed Jul 22, 2015)
    Ellen Liberman, a freelance writer for The Safety Record, submitted a FOIA request to the National Highway Transportation Safety Administration on Safety Record letterhead for records concerning 2014 safety investigations of vehicles equipped with smart key technology. Liberman requested inclusion in the news media category. The agency denied her request to be considered as news media, indicated her request would cost $2,070, and said it would not begin processing her request until she committed to paying fees. Liberman filed an administrative appeal, which was denied. Liberman then filed suit.
    Issues: Fee Category – Media or Educational, Litigation – Attorney’s fees
11. CAUSE OF ACTION INSTITUTE v. U.S. DEPARTMENT OF JUSTICE (filed Jul 22, 2015)
    Cause of Action Institute submitted a FOIA request to the Office of Information Policy for records concerning referrals of FOIA requests to the White House as eluded to in the 2009 Craig Memo. OIP sent Cause of Action a copy of the Craig Memo. Cause of Action then submitted a second FOIA request for OIP’s notes pertaining to how its first FOIA request was processed. After the agency had failed to provide a response in two years, Cause of Action filed suit.
    Issues: Failure to respond within statutory time limit
12. The New York Times Company, et al v. United States Department of the Treasury (filed Jul 22, 2015)
    New York Times reporter Charlie Savage submitted a FOIA request to the Department of Treasury for records concerning the legal basis for Treasury’s determination pertaining to when the Foreign Intelligence Surveillance Act notification provisions apply to the Office of Foreign Assets Control. The agency located one document which it withheld under Exemption 5 (privileges). Savage filed an administrative appeal which was denied. The New York Times then filed suit.
    Issues: Exemption 5 – Privileges – Waiver of privilege, Litigation – Attorney’s fees
13. Lowery v. National Transportation Safety Board, et al (filed Jul 23, 2015)
    John Lowery submitted a FOIA request to the National Transportation Safety Board for a copy of its correspondence log from 2004 showing Lowery’s communication with the Justice Department pertaining to his allegation that a NTSB investigator lied during a deposition. NTSB sent the correspondence log, but it did not show a referral from DOJ related to Lowery’s accusation. Lowery also submitted a FOIA request to the Justice Department for the letter he had sent. DOJ apparently concluded that the 2004 letter had since been destroyed. Lowery ultimately filed suit against both agencies.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. MITCHELL v. SAMUELS (filed Jul 23, 2015)
    Wallace Mitchell, a federal prisoner, submitted a FOIA request to the Bureau of Prisons for records concerning his chronological disciplinary record as an inmate. Mitchell filed a civil suit in D.C. superior court. One of his claims included the fact that BOP had not responded to his FOIA request. The U.S. Attorney’s Office for the District of Columbia filed a notice of removal to federal court for the FOIA action.
    Issues: Litigation – Jurisdiction – Venue
15. BLANK ROME LLP v. DEPARTMENT OF THE AIR FORCE (filed Jul 24, 2015)
    The law firm of Blank Rome LLP submitted a FOIA request to the Department of the Air Force for records concerning an operations and maintenance contract between the agency and Dominion Virginia Power for the privatization of electric power at Fort Monroe. The agency acknowledged receipt of the request. The agency eventually told Blank Rome that because the contract involved an open termination for convenience, legal counsel did not want any records disclosed. The agency agreed to disclose responsive records with redactions made under Exemption 5 (privileges). The agency then disclosed 82 documents. Blank Rome filed an administrative appeal, but after hearing nothing further from the agency, Blank Rome filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Sanctions – Referral to Special Counsel
16. HUNTON & WILLIAMS LLP v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed Jul 24, 2015)
    The law firm of Hunton & Williams submitted four FOIA requests to the EPA for records concerning the agency’s decision to take responsibility for making a determination on an by Saltworks for an Approved Jurisdictional Determination under the Clean Water Act for its salt plant in Redwood, CA rather than allowing the U.S. Army Corps of Engineers to make the determination on its behalf. The agency disclosed some documents and withheld others. The law firm, dissatisfied with the agency’s response, filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
17. HUNTON & WILLIAMS LLP v. U.S. ARMY CORPS OF ENGINEERS (filed Jul 24, 2015)
    The law firm of Hunton & Williams submitted four FOIA requests to the U.S. Army Corps of Engineers for records concerning the decision by the EPA to make the determination on a request by Saltworks, operator of a salt plant in Redwood, CA, for an Approved Jurisdictional Determination under the Clean Water Act rather than the more common process of having the Corps of Engineers make the determination on the EPA’s behalf. After the agency failed to respond to any of its requests, Hunton & Williams filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
18. HUNTON & WILLIAMS LLP v. U.S. DEPARTMENT OF THE ARMY (filed Jul 24, 2015)
    The law firm of Hunton & Williams submitted a FOIA request to the Department of the Army for records concerning the decision by the EPA to make a determination on a request by Saltworks, operator of a salt plant in Redwood, CA, for an Approved Jurisdictional Determination under the Clean Water Act rather than the more common process of having the Corps of Engineers make the determination on the EPA’s behalf. After the agency failed to respond, Hunton & Williams filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
19. ENVIRONMENTAL INTEGRITY PROJECT v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Jul 24, 2015)
    The Environmental Integrity Project submitted a FOIA request to the EPA for records of any communications between EPA press officers or other EPA officials and journalists between April 15, 2015 and April 23, 2015 pertaining to EPA’s determination on emission factors published on its website on April 20, 2015. After hearing nothing further from the agency, EIP filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
20. AHURUONYE v. UNITED STATES DEPARTMENT OF THE INTERIOR et al (filed Jul 27, 2015)
    Barry Ahuruonye filed suit against the Department of Interior to force it to disclose a Fiscal Year 2014 WIGI notification he needed for his appeal before the Merit Systems Protection Board.
    Issues: Adequacy – Search
21. Braun v. Federal Communications Commission (filed Jul 27, 2015)
    David Steven Braun requested the Federal Communications Commission to investigate the alleged wiretapping of his communications. Braun submitted a FOIA request to the FCC for records concerning its investigation. The FCC apparently did not respond and Braun filed suit.
    Issues: Failure to respond within statutory time limit
22. Freedom of the Press Foundation v. United States Department of Justice (filed Jul 30, 2015)
    The Freedom of the Press Foundation submitted a FOIA request to the Department of Justice for records concerning the procedures by which the FBI issues national security letters when investigating journalists. FPF also requested expedited processing. The agency told FPF that its request would take approximately seven months to complete. FPF then filed suit.
    Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
23. Stein v. Department of Commerce (filed Jul 30, 2015)
    Alan Stein, a commercial fisherman and activist from Alaska, submitted a number of FOIA requests primarily to the National Oceanic and Atmospheric Administration, but also to the Office of Inspector General at the Department of Commerce. Many of the requests asked for records concerning illegal conduct engaged in by Arne Fuglvog, a former staffer for Sen. Lisa Murkowski. NOAA denied one request entirely on the basis of Exemption 7(A) (ongoing investigation or proceeding). The agency provided a large number of records with redactions for some of the requests while others had not been responded to substantively before Stein filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
24. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT (filed Jul 30, 2015)
    PEER submitted a FOIA request to the Bureau of Safety and Environmental Enforcement for records concerning the measures taken by the agency to ensure the safety and reliability of Shell’s planned oil and gas drilling operations in the Chukchi Sea. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, PEER filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
25. Swinomish Indian Tribal Community v. Bureau of Indian Affairs et al (filed Jul 30, 2015)
    The Swinomish Tribal Indian Community submitted a FOIA request to the Bureau of Indian Affairs for fourteen categories of records. The agency asked the Community to clarify its request, which it did. The agency responded to the request, but the Community was not satisfied with its response and filed an administrative appeal. After hearing nothing further from the agency, the Community filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
26. Aguirre v. Federal Energy Regulatory Commission (filed Jul 31, 2015)
    Michael Aguirre submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning the Staff Notice of Alleged Violations dated January 22, 2014 issued to Southern California Edison. The agency initially denied the request entirely under Exemption 7(A) (ongoing investigation or proceeding). Aguirre appealed the denial and the agency disclosed some personal information withheld under Exemption 6 (invasion of privacy). However, the agency continued to withhold most of the records under Exemption 7(A) as well as Exemption 7(E) (investigative methods and techniques) and Exemption 4 (confidential business information). Aguirre then filed suit.
    Issues: Exemption 7(A) – Interference with ongoing investigation, Litigation – Attorney’s fees

In addition, we have added 2 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• Woo v. United States Office of Personnel Management et al (filed Jul 15, 2015)
  Mary Woo, a retired federal employee, is the named plaintiff in a class action suit brought against the Office of Personnel Management as a result of the recent data breach of personnel records. The case involves security issues pertaining to personal information but it is not a FOIA case.
  Issues: FOIA not mentioned