ENERGY AND ENVIRONMENT LEGAL INSTITUTE et al v. UNITED STATES DEPARTMENT OF STATE and 11 other new FOIA lawsuits, plus case descriptions

We have added 69 documents from 11 FOIA cases filed between October 25, 2015 and October 31, 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 AND ENVIRONMENT LEGAL INSTITUTE et al v. UNITED STATES DEPARTMENT OF STATE (filed Oct 26, 2015)
   The Energy & Environment Legal Institute submitted a FOIA request to the Department of State for records of electronic communications to and from two State Department employees that were either copied to Juan Alberto Fuentes Knight or contained references to the Alliance for Prosperity, Guatemala, or Knight. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, EELI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
2. MCFADDEN v. U.S. DEPARTMENT OF JUSTICE et al (filed Oct 28, 2015)
   Reginald McFadden, a state prisoner in New York, submitted a FOIA request to the Executive Office for U.S. Attorneys for records from the FBI laboratory. EOUSA closed his request for failure to commit to paying fees. He appealed to the Office of Information Policy, but after hearing nothing further, filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
3. HEMMERLE et al v. INTERNAL REVENUE SERVICE (filed Oct 29, 2015)
   Kenneth Hemmerle and the Committee for Efficient Government submitted a number of FOIA requests to the IRS for records pertaining to alleged inefficiencies. The agency acknowledged receipt of the requests, but indicated it could not respond within the statutory deadline. Hemmerle then filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. AEgis Technology Group Inc v. U S Army et al (filed Oct 26, 2015)
   The Aegis Technology Group submitted two FOIA requests to the U.S. Army for records concerning a specific contract and the decision to terminate the contract. The agency acknowledged receipt of the requests, but after the agency failed to provide an estimated date for completion, Aegis Technology Group 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 STATE (filed Oct 26, 2015)
   Judicial Watch submitted a FOIA request to the Department of State for SF-85s, SF-86s, and SF-450s for Cheryl Mills. The agency acknowledged receipt of the request, but after the agency failed to respond within the statutory time limit, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. BELL v. DEPARTMENT OF THE INTERIOR (filed Oct 26, 2015)
   Yolanda Bell submitted a Privacy Act request to the Department of the Interior. Bell’s request was sent back with the notation “return to sender,” although the envelope had been opened and taped shut. Bell then filed suit. Although Bell’s complaint cites only the Privacy Act, her Privacy Act request would be processed under FOIA as well.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
7. BELL v. DEPARTMENT OF DEFENSE (filed Oct 26, 2015)
   Yolanda Bell submitted FOIA and Privacy Act requests to the Defense Logistics Agency for records about herself. The agency ultimately disclosed thousands of responsive records, but withheld a number of records, primarily under Exemption 5 (privileges). Bell then filed suit.
   Issues: Adequacy – Search, Litigation – In camera review, Litigation – Recovery of Costs
8. Adamo v. Romero et al (filed Oct 26, 2015)
   Jeanna Adamo filed suit against a number of state and local officials who had not provided her with copies of their oaths of office which she had requested. Adamo may have a cause of action under New Mexico’s public records law, but she does not have a cause of action under the federal FOIA.
   Issues: FOIA mentioned only tangentially
9. McNulty v. U.S. Department Of Justice (filed Oct 28, 2015)
   Keeley McNulty, an attorney involved as a defendant in a civil suit, submitted a FOIA request to the Department of Justice for records concerning audio/video recordings she made while serving as a federal witness. The agency denied the request on the basis of Exemption 7(A) (interference with ongoing investigation or proceeding). McNulty appealed the denial, which was upheld. She then filed suit.
   Issues: Exemption 7(A) – Interference with ongoing investigation, Litigation – Attorney’s fees
10. O'Rourke v. Securities and Exchange Commission (filed Oct 29, 2015)
    Kevin O’Rourke submitted three FOIA requests to the Securities and Exchange Commission for records concerning allegations against several current or former SEC administrative judges. The agency acknowledged receipt of each request, but after hearing nothing further from the agency, O’Rourke filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. LOWER PASSAIC RIVER STUDY AREA COOPERATING PARTIES GROUP v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed Oct 30, 2015)
    The Lower Passaic River Study Area Cooperating Parties Group submitted a series of FOIA requests to the EPA for records concerning the Diamond Alkali Superfund Site. The agency partially responded to some requests, but had not responded to others. The Study Group finally filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 3 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• WISDOM v. UNITED STATES TRUSTEE PROGRAM (filed Oct 23, 2015)
  Allen Wisdom, who had filed for bankruptcy in Idaho, submitted a FOIA request to the U.S. Trustees Program for records located in the District of Idaho. The agency asked Wisdom to clarify his request and then told him it would cost $220. He paid the fee, which was returned because the amount of the estimated fees did not require advance payment. However, his fees eventually were determined to be $411, which he paid. After failing to receive any documents from the agency, Wisdom filed suit.
  Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees