Schwartz v. Department of Defense et al and 12 other new FOIA lawsuits, plus case descriptions

We have added 93 documents from 12 FOIA cases filed between December 6, 2015 and December 12, 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. Schwartz v. Department of Defense et al (filed Dec 11, 2015)
   Mattathias Schwartz, a writer with The New Yorker, submitted FOIA requests to the intelligence agencies for records concerning courtroom proceedings at Guantanamo Bay. None of the agencies except for the Defense Department responded to Schwartz’s requests. The Defense Department located 98 pages and disclosed them with redactions made under Exemption 4 (confidential business information), Exemption 6 (invasion of privacy), and Exemption 7(A) (interference with ongoing investigation or proceeding). Schwartz appealed DOD’s decision, but after it failed to respond, Schwartz filed suit against all the agencies.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. TYMCO, Inc. v. United States Environmental Protection Agency (filed Dec 8, 2015)
   Tymco, Inc., a manufacturer of street sweepers, submitted a FOIA request to the EPA for the agency’s responses to two hardship applications filed by Federal Signal and Alamo Group, two other manufacturers of street sweepers, to delay the impact of EPA regulations on their companies. The agency told Tymco that the records had been claimed as confidential by the submitters and that the agency would review those claims before making any final determination. The agency indicated that Tymco did not have to appeal its initial decision because the agency would continue to process the records before it made a final determination. Tymco, Inc. then filed suit.
   Issues: Exemption 4 – Confidential business information, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Environmental Defense Center et al v. Pipeline and Hazardous Materials Safety Administration et al (filed Dec 7, 2015)
   The Environmental Defense Center and Santa Barbara Channelkeeper submitted two FOIA requests to the Pipelines and Hazardous Materials Safety Administration, a component of the Department of Transportation, for records concerning the oversight of several pipelines by the agency. The organizations asked for a fee waiver as well. The agency acknowledged receipt of both requests, but after hearing nothing further from the agency, the organizations filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
4. Environmental Defense Center v. Bureau of Safety and Environmental Enforcement et al (filed Dec 7, 2015)
   The Environmental Defense Center submitted a FOIA request to the Bureau of Safety and Environmental Enforcement, a component of the Department of the Interior, for records concerning the oversight of a pipeline which had experienced a recent spill. The agency acknowledged receipt of the request, granted the fee waiver, and asked EDC to narrow the temporal scope of its request. EDC did so, but after hearing nothing further from the agency, EDC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Dubuque v. United States Department of the Air Force et al (filed Dec 7, 2015)
   Mark Dubuque, an employee of Boeing in St. Louis, submitted a FOIA request to the Department of the Air Force for records concerning an investigation of Dubuque by the Air Force Office of Special Investigations. As a result of the investigation, Dubuque’s security clearance was suspended. However, Dubuque learned that the Air Force investigation had been completed with no adverse findings against him. After hearing nothing from the agency, Dubuque filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Edelman v. Securities and Exchange Commission (filed Dec 8, 2015)
   Richard Edelman submitted a FOIA request to the SEC for records concerning the agency’s investigation of Empire State Realty Trust. Edelman also requested a fee waiver. The agency acknowledged receipt of the request and told Edelman that he needed to commit to pay estimated review and duplication fees. Edelman agreed to pay the fees, but after hearing nothing further, Edelman appealed the agency’s delay. The agency indicated that it had found 1,442 pages of responsive records and that his request would be remanded for review for possible exemption claims. Edelman then made a second FOIA request for a copy of the Division of Enforcement Case Closing Report on Empire State Realty Trust. Edelman’s second request was denied under Exemption 5 (privileges). He then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. LEOPOLD v. DEPARTMENT OF JUSTICE (filed Dec 8, 2015)
   Journalist Jason Leopold submitted a FOIA request to the FBI for any records that were retrieved from the agency’s examination of former Secretary of State Hillary Clinton’s email server. After the agency failed to acknowledge his request, Leopold filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. FARAHI v. FEDERAL BUREAU OF INVESTIGATIONS (filed Dec 8, 2015)
   Foad Farahi submitted a FOIA request to the FBI for records concerning the FBI’s involvement in Farahi’s challenge to the government’s decision to deport him. The FBI told Farahi that it had more than 10,000 pages of responsive records and indicated that he would be required to pay the costs of providing them in electronic form. Farahi paid the agency the estimated fees. At his immigration hearing in Miami, he asked for a postponement until he received the FBI records. The agency sent another letter indicating that his request had been assigned to another processor, but after hearing nothing further from the agency, Farahi filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. A Better Way for BPA vs. United States Department of Energy Bonneville Power Administration (filed Dec 9, 2015)
   A Better Way for BPA submitted a FOIA request to the Department of Energy’s Bonneville Power Administration for records concerning its plans to build a transmission line from Castle Rock, Washington, to Troutdale, Oregon. The agency acknowledged receipt of the request, but after the agency failed to respond within ten months, the organization filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Center for Environmental Science, Accuracy & Reliability v. Jewell et al (filed Dec 10, 2015)
    The Center for Environmental Science, Accuracy & Reliability submitted a FOIA request to the U.S. Fish and Wildlife Service for records concerning the consultation process for a Clean Water Act permit issued to the California Department of Water Resources for construction and operation of Emergency Delta Barriers. 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
11. Bajorek v. Veterans Affairs (filed Dec 11, 2015)
    David Bajorek submitted a FOIA request to the Department of Veterans Affairs for records concerning a visit by Benjamin Bajorek to the John H. Dingell VA Medical Center. After the agency failed to respond, Barjorek filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. GOLDEN et al v. NEW JERSEY INSTITUTE OF TECHNOLOGY et al (filed Dec 11, 2015)
    Daniel Golden and Tracy Locke brought suit against the New Jersey Institute of Technology for its failure to respond to requests made under New Jersey’s Open Public Records Act. Golden and Locke also included the FBI in their suit, but it is not apparent that they made a request to the FBI. While this suit appears to involve public records requests, Golden and Tracy do not appear to have any actual FOIA claim against the FBI.
    Issues: FOIA mentioned only tangentially

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

• Rivera-Heredia v. USA et al (filed Dec 3, 2015)
  Wilbert Rivera-Heredia filed suit in U.S. District Court for the District of Puerto Rico requesting the court to force the FBI and the Office of Information Policy to disclose records pertaining to his case.
  Issues: FOIA not mentioned