PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

We have added 77 documents from 11 FOIA cases filed between October 23, 2016 and October 29, 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. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Oct 24, 2016)
   PEER submitted a FOIA request to the EPA for records concerning derived response levels that had not been made public when EPA published its proposed Draft Protective Action Guide for Drinking Water after a Radiological Incident. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Grynberg et al v. U.S. Department of Justice (filed Oct 24, 2016)
   Jack Grynberg, the owner of Grynberg Petroleum, submitted a FOIA request to the Executive Office for U.S. Attorneys for the criminal case file in U.S. v. Giffen. The agency invoked a Glomar response neither confirming nor denying the existence of records, but also told Grynberg that he could have any public records in the file. He asked for the public records and also filed an administrative appeal of the agency’s decision. The agency denied Grynberg’s appeal and also found that there were no public records in the file. Grynberg appealed the agency’s conclusion that there were no public records, but after hearing nothing further from the agency Grynberg filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. ROSENBERG v. U.S. DEPARTMENT OF DEFENSE (filed Oct 24, 2016)
   Carol Rosenberg, a reporter for the Miami Herald, submitted a FOIA request to the Department of Defense’s Southern Command for records concerning staffing levels at the detention facility at Guantanamo Bay. The agency acknowledged receipt of the request, but after the agency failed to respond substantively, Rosenberg filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Oct 25, 2016)
   Judicial Watch submitted a FOIA request to the FBI for records concerning the 2012 school shooting at Sandy Hook, CT. 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
5. The O'Boyle Law Firm, PC vs United States Customs and Border Protection (filed Oct 25, 2016)
   The O’Boyle Law Firm submitted a FOIA request to U.S Customs and Border Protection for various numbered files. After the agency failed to respond, the law firm filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Edward DeanHohner v. U.S. Department of Justice et al (filed Oct 26, 2016)
   Edward Dean Hohner, a state prisoner, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the search of an address in Oceanside, CA. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Hohner filed suit.
   Issues: Failure to respond within statutory time limit
7. VOLGADNEPR – UNIQUE AIR CARGO, INC. v. DEPARTMENT OF DEFENSE (filed Oct 26, 2016)
   Volgadnepr ” Unique Air Cargo, Inc. submitted several FOIA requests to the Department of Defense’s U.S. Transportation Command for records concerning its decision to prohibit the company from carrying cargo for the agency under contract. The agency disclosed 41 pages, most of which were heavily redacted. Volgadnepr appealed the decision, but the agency had not resolved the appeal before the company filed suit. Volgadnepr also submitted a second FOIA request, which had not been responded to before the company filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Charles Dean Bowen v. US Department of Justice (filed Oct 26, 2016)
   Charles Dean Bowen submitted a FOIA request for records concerning himself. After hearing nothing further from the agency, Bowen filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. STUDENTS FOR FAIR ADMISSIONS, INC. v. U.S. DEPARTMENT OF EDUCATION (filed Oct 27, 2016)
   Students for Fair Admissions submitted a FOIA request to the Department of Education for records concerning an investigation of Princeton University. Despite a number of attempts by the organization to determine the status of its request, Students for Fair Admissions filed suit after hearing nothing further from the agency.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
10. THE WOLK LAW FIRM v. UNITED STATES OF AMERICA NATIONAL TRANSPORTATION SAFETY BOARD (filed Oct 27, 2016)
    The Wolk Law Firm, representing Don and Ingrid Goldstein in a suit involving the death of their son in an airplane crash, submitted several FOIA requests to the National Transportation Safety Board for records concerning its investigation of the crash. The NTSB denied their requests and the Wolk Law Firm appealed those denials, which were upheld by the agency. The Wolk Law Firm then filed suit.
    Issues: Litigation – Attorney’s fees
11. FIRST LOOK MEDIA WORKS, INC. v. DEPARTMENT OF HOMELAND SECURITY (filed Oct 28, 2016)
    Ali Winston, a reporter for First Look Media Works, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the ICEGangs database. Winston also asked for a fee waiver. The agency rejected the request as too broad and as not specifically identifying the records sought. Winston filed an administrative appeal, but after hearing nothing further from the agency, First Look Media Works filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver