Casper et al v. U.S. Department of Homeland Security et al and 2 other new FOIA lawsuits, plus case descriptions

We have added 14 documents from 3 FOIA cases filed between February 14, 2016 and February 20, 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.

1. Casper et al v. U.S. Department of Homeland Security et al (filed Feb 16, 2016)
   Benjamin Casper, a law professor at the University of Minnesota Law School, Katherine Evans, a teaching fellow at the University of Minnesota Law School, and Robert Koulish, a political science professor at the University of Maryland, submitted FOIA requests to U.S. Immigration and Customs Enforcement for records concerning agency training of personnel to use its risk classification assessment tool. They asked for a fee waiver, which was eventually granted by the agency. The agency responded that it had no records. The requesters filed an administrative appeal and the agency told the requesters it would conduct a further search. Casper and his colleagues submitted a second FOIA request to ICE for records concerning the use of the mandatory detention tool. They also requested a fee waiver, which the agency granted. The agency responded to this request by also indicating that it had no records. The requesters appealed and the agency agreed to conduct another search. Casper and his colleagues submitted a third FOIA request to ICE for records concerning ICE arrests in the St. Paul area. They requested a fee waiver, which was denied. The agency provided a spreadsheet with redactions under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques). The requesters appealed both the fee waiver and the agency’s exemption claims. The agency upheld its denial of the fee waiver. The agency told the requesters that its request pertaining to arrests in the St. Paul area was too broad and that they should narrow the request. Casper and his colleagues indicated they were willing to work with the agency, but those discussions were not fruitful. Casper and his colleagues then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
2. Oregon Wild et al v. Department of Interior et al (filed Feb 15, 2016)
   Oregon Wild, Waterwatch of Oregon, and the Audubon Society of Portland submitted a FOIA request to the U.S. Fish and Wildlife Service for records concerning the delivery of water to Tule Lake National Wildlife Refuge. The organizations also submitted a FOIA request to the Bureau of Reclamation for similar records. Both agencies provided some records, but withheld others under Exemption 5 (privileges). Oregon Wild filed administrative appeals with both agencies. However, after hearing nothing further from the agencies. Oregon Wild filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Schiffenbauer v. Jenkins et al (filed Feb 16, 2016)
   Joel Schiffenbauer, a former employee of the FDA, submitted a FOIA request to the FDA for report of an investigation for which he provided testimony. The agency told him that it would not disclose the report until the investigation was completed. When the agency still had not indicated when the investigation would be completed, Schiffenbauer filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs