YANOFSKY v. DEPARTMENT OF COMMERCE and 10 other new FOIA lawsuits

We have added 84 documents from 11 FOIA cases filed between May 15, 2016 and May 21, 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. YANOFSKY v. DEPARTMENT OF COMMERCE (filed May 19, 2016)
   Journalist Daniel Yanofsky submitted a FOIA request to the Department of Commerce for data related to Form I-92 and Form I-94, which contains statistical information about the number of travelers from abroad to the U.S and air traffic between the U.S. and other countries. The agency denied Yanofsky’s request because the records were available for purchase from the National Travel and Tourism Office, which the agency contended was a superseding fee statute that displaced FOIA access. Yanofsky appealed that decision, but after hearing nothing further from the agency, Yanofsky filed suit.
   Issues: Failure to respond within statutory time limit, Fee Category – Media or Educational, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. Amir El v. Department of Health and Hospitals State of Louisiana (filed May 19, 2016)
   King Sandi Amir El requested birth certificate records from several Louisiana state agencies. After the agencies failed to respond, King Sandi Amir El filed suit under the federal FOIA. He may have a cause of action under Louisiana’s public records law, but not under the federal FOIA.
   Issues: FOIA mentioned only tangentially
3. KREPP v. UNITED STATES DEPARTMENT OF JUSTICE (filed May 16, 2016)
   Denise Krepp submitted a FOIA request to the Department of Justice for records concerning prosecutions of violent criminal defendants in the District of Columbia. The agency acknowledged receipt of the request. The agency responded that it had no records. Krepp appealed that decision, which was upheld on appeal. Krepp then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
4. HAND v. DEPARTMENT OF LABOR et al (filed May 16, 2016)
   Donna Hand, the authorized representative under the Energy Employees Occupational Illness Compensation Program Act, submitted FOIA requests to the Department of Labor and the Department of Energy for records concerning the contract between EG&G Special Projects at Area 51 Nevada Testing Site and the Atomic Energy Commission for the years 1951-1999. Hand requested the documents for use in making claims under the Act. After hearing nothing further from the agency, Hand filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency (filed May 17, 2016)
   The Natural Resources Defense Council submitted a FOIA request to the EPA for records concerning the approval and expanded use approval for Enlist Duo, a herbicide. The agency acknowledged receipt of the request and granted NRDC a fee waiver. The agency indicated that it would start processing the request, but after hearing nothing more substantive from the agency, NRDC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. The New York Times Company v. United States Department of Defense (filed May 17, 2016)
   The New York Times submitted a FOIA request to the Department of Defense for emails exchanged between Secretary of Defense Ash Carter and several high-ranking DOD officials that were sent on Carter’s personal email account. The agency emailed 1,336 pages of responsive emails to the Times and other media organizations, explaining the release was a courtesy and not a final response. Various exemptions were claimed throughout the email file where the agency considered them applicable. The Times filed an administrative appeal. The agency sent the Times a final response where it explained the applicability of exemptions. The agency cited Exemption 4 (confidential business information), Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records). The Times filed suit after DOD failed to respond to its appeal.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Kaminski Law, Inc. v. U. S. Food and Drug Administration (filed May 17, 2016)
   The law firm of Kaminski Law submitted a FOIA request to the FDA for records concerning the death of a patient during a hysterectomy procedure in which a da Vinci surgical device was used. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Kaminski Law filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. CORNUCOPIA INSTITUTE v. AGRICULTURAL MARKETING SERVICE (filed May 19, 2016)
   The Cornucopia Institute submitted a FOIA request to the Agricultural Marketing Service for records concerning Redland Dairy. The agency acknowledged receipt of the request and asked for a clarification. The Cornucopia Institute clarified the type of records it was seeking. The agency told the Cornucopia Institute that it might need to provide predisclosure notification to businesses identified in the records. The Cornucopia Institute then filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. BUHOLTZ v. UNITED STATES MARSHALS SERVICE et al (filed May 19, 2016)
   Kenneth Buholtz, a federal prisoner, submitted several FOIA requests to the U.S. Marshals Service for records concerning his incarceration. The agency denied his requests and Buholtz filed suit.
   Issues: Exemption 7 – Law enforcement records
10. AMERICAN IMMIGRATION LAWYERS ASSOCIATION v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES et al (filed May 20, 2016)
    The American Immigration Lawyers Association submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the random selection process for H-1B work visas. USCIS located 521 pages of responsive records. The agency withheld 127 pages in full and 228 pages in part under Exemption 3 (other statutes), Exemption 4 (confidential business information), and Exemption 5 (privileges). The Association appealed the decision. In response to the appeal, the agency disclosed one page in full and 218 pages that were almost completely redacted in part. The Association then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees
11. Artiga Carrero v. United States Department of Homeland Security et al (filed May 20, 2016)
    Mirna Artiga Carrero submitted a FOIA request to U.S. Immigration and Customs Enforcement for her alien file. The agency acknowledged receipt of the request and transferred it to U.S. Citizenship and Immigration Services. USCIS located 633 pages. It released 528 pages in full, 12 pages in part, and withheld one page. USCIS also indicated that it had sent some records to ICE for review. After hearing nothing further from ICE, Artiga Carrero filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees