KHATCHADOURIAN v. DEFENSE INTELLIGENCE AGENCY et al and 6 other new FOIA lawsuits

We have added 51 documents from 7 FOIA cases filed between February 21, 2016 and February 27, 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. KHATCHADOURIAN v. DEFENSE INTELLIGENCE AGENCY et al (filed Feb 22, 2016)
   Raffi Khatchadorian, a staff writer for the New Yorker, submitted a FOIA request to the Defense Intelligence Agency for records concerning the Information Review Task Force, a multi-agency unit created within DIA to assess the impact on the United States of the documents disclosed on the Wikileaks website. DIA acknowledged receipt of the request and after a number of inquiries from Khatchadorian concerning the request, DIA informed him that it was far back in the queue for processing. DIA ultimately disclosed some records but withheld others under Exemption 1 (national security), Exemption 3 (other statutes), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). Khatchadorian appealed the agency’s denial. After hearing nothing further from the agency, he asked OGIS to help him get a response to his appeal. OGIS looked into the matter but had no success in getting DIA to respond to Khatchadorian’s appeal. Khatchadorian then submitted a second FOIA request to DIA for information about the processing of his first request and subsequent appeal. After hearing nothing further from the agency concerning either request. Khatchardorian filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Kinman v. United States of America et al (filed Feb 22, 2016)
   Maxwell Kinman, an attorney, submitted a FOIA request to the Department of Veterans Affairs for the claims file of several veterans he represented. He provided the appropriate privacy waivers. After the agency failed to respond to any of his requests, Kinman filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Zeifman v. Federal Aviation Administration (filed Feb 23, 2016)
   Gabriel Zeifman submitted a FOIA request to the Federal Aviation Administration for records concerning disciplinary measures taken by the agency against an air traffic controller as a result of an incident at the Central Florida Terminal Radar Approach Facility. The agency acknowledged receipt of the request and denied it. Zeifman then filed an administrative appeal. After hearing nothing further from the agency, Zeifman filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. CHAMBERS v. UNITED STATES DEPARTMENT OF THE ARMY (filed Feb 24, 2016)
   James Chambers submitted a FOIA request to the Army Review Board Agency for records concerning the 2005 regulation imposing a one-year limitation on requests to reconsider Board of Military Records decisions. After hearing nothing further from the agency, Chambers filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. JUDICIAL WATCH, INC. v. DEPARTMENT OF DEFENSE et al (filed Feb 24, 2016)
   Judicial Watch submitted a FOIA request to the Department of Defense and the CIA for records concerning any legal draft memoranda pertaining to the capture or killing of Osama bin Laden in 2011. Both agencies acknowledged receipt of the request, but after hearing nothing further from either agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. TAYLOR ENERGY COMPANY LLC v. UNITED STATES DEPARTMENT OF INTERIOR et al (filed Feb 25, 2016)
   Taylor Energy Company submitted FOIA requests to the Bureau of Ocean Energy Management and the Bureau of Safety and Environmental Enforcement and the U.S. Coast Guard for records that formed the basis for online materials about Taylor Energy oil discharge that had been posted on the BSEE website. All three agencies acknowledged receipt of the requests, but after the agencies failed to respond to either the requests or Taylor’s appeal of the agencies’ failure to respond, Taylor Energy filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Basin and Range Watch v. Bureau Of Land Management et al (filed Feb 26, 2016)
   Basin and Range Watch submitted two FOIA requests to the Bureau of Land Management. The first request was for a 2015 video showing 115 birds flying into concentrated solar beams and incinerating. The second request was for records concerning the effects of the Crescent Dunes Solar Energy Project on birds. The agency granted Basin and Range Watch a fee waiver. The agency released the video. After months of delay, the agency disclosed 257 pages pertaining to the second request. The agency withheld three pages in full and 15 pages in part under Exemption 4 (confidential business information). Basin and Range Watch appealed the agency’s denial. After contacting the agency several times to find out about the status of their appeal without success, Basin and Range Watch filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees