NEW ENGLAND ANTI-VIVISECTION SOCIETY v. FISH AND WILDLIFE SERVICE et al and 21 other new FOIA lawsuits, plus case descriptions
We have added 134 documents from 22 FOIA cases filed between January 24, 2016 and January 30, 2016. 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.
- NEW ENGLAND ANTI-VIVISECTION SOCIETY v. FISH AND WILDLIFE SERVICE et al (filed Jan 29, 2016)
The New England Anti-Vivisection Society submitted a FOIA request to the U.S. Fish and Wildlife Service for records concerning the agency’s effort to assist the Yerkes National Primate Center, an animal research laboratory in Atlanta, to obtain a permit under the Endangered Species Act to export eight chimpanzees to the Wingham Wildlife Park, a private zoo, in Kent, England. The agency indicated that it was planning to respond to the Society’s request, but after the agency failed to provide a substantive response, the Society filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Cheavens v. National Forest Service (filed Jan 25, 2016)
Joseph Cheavens submitted a FOIA request to the U.S. Forest Service for a variety of records concerning the San Juan National Forest. The agency responded to some of his queries but not others. Cheavens contacted the agency and was able to obtain responses to several other queries. Still dissatisfied that the agency had not fully responded, he filed an appeal. After hearing nothing further from the agency, Cheavens filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Merck v. Federal Bureau of Investigation (filed Jan 25, 2016)
Troy Merck submitted a FOIA request to the FBI for lab documents, notes, and reports from a closed 1991 case from Pinellas County, Florida. After initially telling Merck the records had been destroyed in 1993, the FBI located records, but withheld them entirely under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7(D) (confidential sources), and Exemption 7(E) (investigative methods and techniques). Merck appealed the agency’s denial, which was upheld. He then filed suit.
Issues: Litigation – Attorney’s fees - Lemieux and ONeill, Ex Rel. Las Virgenes-Triunfo Joint Powers Authority v. Gina McCarthy et al. (filed Jan 26, 2016)
The law firm of Lemiuex & O’Neill, counsel for Las Virgenies-Triunfo Joint Powers Authority, submitted a FOIA request to the EPA for records concerning Malibu Creek and Lagoon TMDL for Sedimentation and Nutrients to Address Benthic Community Impairments, particularly emails. The agency acknowledged receipt of the request. The agency responded to the law firm’s request, but withheld 485 emails between the EPA and its contractor, Tetra Tech, under Exemption 5 (deliberative process privilege). The law firm appealed the denial, but after hearing nothing further from the agency, Lemieux & O’Neill filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - Friends of Animals v. Bureau of Indian Affairs (filed Jan 26, 2016)
Friends of Animals submitted a FOIA request to the Bureau of Indian Affairs for records concerning wild horses on federal land, including those held in trust for Native Americans. Friends of Animals had also submitted a similar request to U.S. Fish and Wildlife Services. After hearing nothing further from BIA, Friends of Animals filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Friends of Animals v. United States Fish and Wildlife Service (filed Jan 26, 2016)
Friends of Animals submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning wild horses on federal land. After hearing nothing further from the agency, Friends of Animals filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Friends of Animals v. United States Forest Service (filed Jan 26, 2016)
Friends of Animals submitted a FOIA request to the U.S. Forest Service for records concerning wild horses on federal lands managed by the Forest Service. After hearing nothing further from the agency, Friends of Animals filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - CLIMATE INVESTIGATIONS CENTER v. UNITED STATES DEPARTMENT OF ENERGY (filed Jan 26, 2016)
Climate Investigations Center, an association of advocates, bloggers, and researchers, submitted a FOIA request to the Department of Energy for communications between the National Energy Technology Laboratory and various other parties named in the request. The agency provided a handful of documents, but after receiving no substantive response to its request, the Climate Investigation Center filed an appeal. This led to further partial disclosures. The agency withheld some records under Exemption 4 (confidential business information), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). The Climate Investigations Center finally filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - Friends of Toppenish Creek v. Department of Health & Human Services, et al (filed Jan 26, 2016)
Friends of Toppenish Creek submitted a FOIA request to the Indian Health Service for records related to the nitrate contamination study referenced in June 2009 document that had been disclosed to the Yakima Indians. The agency released some documents, withholding portions under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). The Friends did not dispute withholding names under Exemption 6, but filed an appeal challenging other aspects of the agency’s denial. After hearing nothing further from the agency, the Friends filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - NATIONAL VETERANS LEGAL SERVICES PROGRAM v. DEPARTMENT OF VETERANS AFFAIRS (filed Jan 27, 2016)
The National Veterans Legal Services Program submitted a FOIA request to the Department of Veterans Affairs for records concerning the Veterans Health Administration’s treatment of female veterans. After hearing nothing further from the agency, the Legal Services Program filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Competitive Enterprise Institute et al v. United States Department of State (filed Jan 27, 2016)
Competitive Enterprise Institute submitted a FOIA request to the Department of State for communications between State Department employees and an outside organization called Climate Interactive. The agency acknowledged receipt of the request and granted a fee waiver. After hearing nothing further from the agency, CEI filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Sutter v. United States Department of Justice (filed Jan 28, 2016)
Shawn Sutter submitted several FOIA requests to the DEA and the Executive Office of U.S. Attorneys for records concerning his conviction. He received some records, but dissatisfied with the agencies’ responses, Sutter filed suit.
Issues: Exemption 7 – Law enforcement records - Gerrodette v. United States Customs and Border Protection (filed Jan 29, 2016)
Patricia Gerrodette submitted a FOIA request to U.S. Customs and Border Protection for records concerning communications regarding potential conservation easements for water migration in the San Pedro Basin in Southeast Arizona. The agency acknowledged receipt of the request, but after several attempts by Gerrodette’s attorney to contact the agency about the status of her request without success, Gerrodette filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Story of Stuff Project v. United States Forest Service (filed Jan 29, 2016)
The Story of Stuff Project, an online community dedicated to changing the way disposable consumer products are made and disposed of, submitted a FOIA request to the U.S. Forest Service for records concerning special use permit applications for water transmission lines to be located in the San Bernardino National Forest, particularly those submitted by Arrowhead Puritas Waters or Nestle. The agency acknowledged receipt of the request. It disclosed some records, but withheld others under Exemption 4 (confidential business information), Exemption 5 (privileges), Exemption 6 (invasion of privacy) and Exemption 9 (data about wells). The Project appealed both the withholdings and the adequacy of the agency’s search. The Project received a response from a separate FOIA request it had submitted to the Forest Service’s Office of General Counsel that made reference to several communications shared with Nestle but which had not been provided to the Project. After hearing nothing further from the Forest Service concerning their appeal, the Project filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. CENTRAL INTELLIGENCE AGENCY (filed Jan 29, 2016)
Judicial Watch submitted a FOIA request to the CIA for the 1972 Inspector General’s report concerning the Watergate break-in and subsequent political scandal. 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 - THE CORNUCOPIA INSTITUTE v. UNITED STATES DEPARTMENT OF AGRICULTURE (filed Jan 29, 2016)
The Cornucopia Institute submitted a FOIA request to the Department of Agriculture for records concerning 2012 visits to organic dairies in Texas and New Mexico by USDA National Organic Program officials. The agency provided a partial response. After an exchange of emails, the agency indicated it was still reviewing records for disclosure. Cornucopia Institute then filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Jan 29, 2016)
Judicial Watch submitted a FOIA request to the Department of Defense for names and identifying information of all U.S. servicemen believed to have been held captive by the Cuban government since 1960. 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 - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Jan 29, 2016)
Judicial Watch submitted a FOIA request to the Department of State for emails sent to or from former Secretary of State Hillary Clinton and her staff referring to the State Messaging Archive Retrieval Tool. 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 - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Jan 29, 2016)
Judicial Watch submitted a FOIA request to the Department of State for security waivers issued for the Special Mission Compound in Benghazi as well as any records indicating the Compound had been excepted from office facility standards and accountability. 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 - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Jan 29, 2016)
Judicial Watch submitted a FOIA request to the Department of State for records of communications between the agency and former Secretary of State Hillary Clinton’s attorney or other representatives concerning potential classified information on her private server. 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 - Brennan Center For Justice At New York University School Of Law v. Department Of Homeland Security et al (filed Jan 29, 2016)
The Brennan Center for Justice submitted FOIA requests to the Department of Homeland Security and the Department of Justice for records concerning the government’s Countering Violent Extremism program. After none of the agencies had responded substantively to their requests, the Brennan Center filed suit.
Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Panhandle Citizens for Truth in Gaming Inc v. Department of the Interior et al (filed Jan 29, 2016)
The Panhandle Citizens for Truth in Gaming submitted a FOIA request to the Bureau of Indian Affairs for records concerning the land into trust application of the Shawnee Tribe near Guymon, Oklahoma. The agency provided a response, determined the group was a commercial requester, and charged fees accordingly. The Citizens filed an appeal, but after hearing nothing further from the agency, the Citizens filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Fee Category – Commercial, Litigation – Attorney’s fees, Litigation – Vaughn index
No comments yet
Recent Tweets
7 days 
30 days 
over 30 days
