AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF COMMERCE et al and 22 other new FOIA lawsuits

We have added 168 documents from 21 FOIA cases filed between May 14, 2017 and May 20, 2017. 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. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF COMMERCE et al (filed May 17, 2017)
   American Oversight submitted FOIA requests to the Department of Commerce, Department of Education, Department of Labor, Department of Treasury, and the Small Business Administration for records concerning communications or meetings between agency personnel and Ivanka Trump. The agencies acknowledged receipt of the requests. Treasury told American Oversight that its request was too vague to conduct a search. American Oversight told Treasury that it believed its request was sufficiently specific to allow the agency to conduct a search. After failing to hear anything further from the agencies, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. STODDARD v. DEPARTMENT OF JUSTICE et al (filed May 16, 2017)
   Alfonzo Stoddard, a federal prisoner, submitted a FOIA request to the Department of Justice for records concerning grand jury and other administrative records pertaining to his conviction. The agency acknowledged receipt of the request, but told Stoddard that it had placed his request in the complex queue for processing. Stoddard then filed suit.
   Issues: Failure to respond within statutory time limit
3. ENERGY & ENVIRONMENT LEGAL INSTITUTE et al v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed May 15, 2017)
   The Energy & Environmental Legal Institute submitted a FOIA request to the EPA for records concerning emails concerning three named employees which referenced certain outside actors and keywords. After the agency failed to respond in six weeks, EELI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. ENERGY & ENVIRONMENT LEGAL INSTITUTE et al v. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed May 15, 2017)
   The Energy & Environmental Legal Institute submitted a FOIA request to the Department of Health and Human Services for records concerning emails involving two named employees which referenced certain outside actors and keywords. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, EELI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. THE AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (filed May 15, 2017)
   The American Society for the Prevention of Cruelty to Animals submitted a FOIA request to the Department of Housing and Urban Development for records concerning waivers for its Moving to Work demonstration program. The ASPCA also requested a fee waiver, arguing that disclosure would be in the public interest. The agency denied the ASPCA’s request for a fee waiver. The ASPCA filed an administrative appeal of the decision, which was denied. The agency then told the ASPCA that processing its request would cost $7,862. The agency then informed the ASPCA that its request had been closed for non-payment. Based on its understanding of discussions with HUD FOIA staff, the ASPCA submitted a second request for the same records, again asking for a fee waiver. The agency again denied the ASPCA’s fee waiver request, a decision that was upheld on appeal. ASCPA then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees, Public Interest Fee Waiver
6. Johnson v. U.S. Department of Homeland Security et al (filed May 15, 2017)
   Scott Johnson, an attorney and online reporter, submitted a FOIA request to the Department of Homeland Security for records concerning why Mohammed Abdihamid Farah’s attorney was invited and then disinvited to an event at the Minneapolis-St. Paul International Airport. Farah was one of several individuals charged with trying to join ISIS. The agency disclosed nine heavily redacted pages. Johnson filed an administrative appeal. The agency remanded Johnson’s request for further processing, but after hearing nothing further from the agency, Johnson filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed May 16, 2017)
   Judicial Watch submitted a FOIA request to the FBI for records concerning contacts with Christopher Steele, a former British intelligence officer who had investigated Donald Trump’s potential connections to Russia. 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
8. MONTGOMERY et al v. INTERNAL REVENUE SERVICE (filed May 16, 2017)
   Thomas and Beth Montgomery submitted two FOIA requests to the IRS for records concerning claims for awards for information submitted pertaining to the Montgomerys’ tax liability. The agency told Montgomery that it did not have records indicating a criminal investigation, but would withhold information identifying a confidential source under Exemption 7(D). Montgomery filed an administrative appeal, which was denied. Montgomery then filed suit.
   Issues: Litigation – Attorney’s fees
9. LINSKENS v. OFFICE OF COMPTROLLER OF THE CURRENCY (filed May 16, 2017)
   Bradley Linskens submitted a FOIA request to the Office of the Comptroller of the Currency for records concerning an investigation of Linskens that resulted in disciplinary action. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Linskens filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Duvenhage et al v. United States Citizen and Immigration Services (filed May 16, 2017)
    Attorney Alycia Truax Moss submitted a FOIA request to U.S. Citizenship and Immigration Services on behalf of Behan Duvenhage for his alien registration number and application/petition receipt numbers. The agency acknowledged receipt of the request and told Moss that the request was being put in the complex queue. After hearing nothing further from the agency, Duvenhage and Moss filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed May 17, 2017)
    Judicial Watch submitted a FOIA request to the Secret Service for records concerning former President Obama’s schedule and activities from January 21 to March 21, 2017. 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
12. JUDICIAL WATCH, INC. v. FEDERAL COMMUNICATIONS COMMISSION (filed May 17, 2017)
    Judicial Watch submitted a FOIA request to the Federal Communications Commission for records discussing the desirability of a “two-sided market” for broadband internet services. Judicial Watch submitted a second FOIA request for any emails to or from agency personnel and either Tom Powers or David Edelman. The agency acknowledged receipt of the requests, but after hearing 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
13. EATON v. CENTRAL INTELLIGENCE AGENCY (filed May 17, 2017)
    Joshua Eaton, an investigative journalist, submitted a FOIA request to the CIA for emails between Sen. Mark Udall and the CIA pertaining to the Panetta Review. After a number of unsuccessful queries, Eaton filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Jason Leopold et al v. Department of Justice Office of the Attorney General et al (filed May 18, 2017)
    Reporter Jason Leopold and BuzzFeed News submitted FOIA requests to the Department of Justice for records concerning President Trump’s tweets. The FBI told Leopold and BuzzFeed News that their requests were too broad for it to search. Leopold and BuzzFeed News filed an administrative appeal with the Office of Information Policy. The National Security Division issued a Glomar response indicating that it could neither confirm nor deny the existence of records. Leopold and BuzzFeed News filed an administrative appeal of the NSD’s Glomar response to the Office of Information Policy. Although other components of the Justice Department acknowledged receipt of the requests, Leopold and BuzzFeed News received no substantive response and filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. CENTER FOR BIOLOGICAL DIVERSITY et al v. UNITED STATES DEPARTMENT OF STATE (filed May 18, 2017)
    The Center for Biological Diversity submitted a number of FOIA requests to the Department of State for records concerning the Keystone Pipeline. The agency told the Center that it had no records in response to its request for route mapping data. The Center filed a complaint with the Office of Government Information Services, which told the Center that the agency would not participate in mediation of the request. The agency failed to respond to the other Center requests and the Center eventually filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. LANTZ v. U.S. DEPARTMENT OF COMMERCE et al (filed May 18, 2017)
    James Lantz, a documentary filmmaker, submitted a FOIA request to the U.S. Patent & Trademark Office for records concerning a trademark application for “Eat More Kale.” The agency disclosed 45 pages but withheld records under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Lantz filed an administrative appeal. The agency affirmed its Exemption 5 claims and disclosed an additional 52 pages. Lantz then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees
17. LEWIS v. U.S. DEPARTMENT OF THE TREASURY et al (filed May 18, 2017)
    Eric Lewis submitted a FOIA request to the Department of Treasury’s Financial Crimes Enforcement Network for records of communications between the agency and governments of Andorra and Spain regarding a list of individuals who worked for the government of Andorra or Spain. The agency told Lewis that it found 347 pages, but was withholding them entirely under Exemption 3 (other statutes), Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7 (law enforcement records). Lewis filed an administrative appeal. The agency remanded the request to its FOIA office for further processing. The FOIA office located an additional 35 pages, but withheld them as well. Lewis then filed suit.
    Issues: Adequacy – Search
18. Artem v. National Security Agency/Central Security Service (filed May 18, 2017)
    Igoshev Artern, a Russian citizen, submitted a FOIA request to the National Security Agency for records about himself. The agency issued a Glomar response neither confirming nor denying the existence of records. Artern indicated that he would appeal that decision, but apparently had not done so at the time he filed his complaint.
    Issues: Failure to respond within statutory time limit
19. Packer v. US Department of Health and Human Services (filed May 18, 2017)
    Leslie Packer, a freelance online journalist, submitted a FOIA request to the Department of Health and Human Services for records concerning data breaches reported to the agency by Aesthetic Dentistry and SSM Healthcare. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Packer filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
20. SCOVILLE v. UNITED STATES DEPARTMENT OF STATE (filed May 19, 2017)
    Ryan Scoville, a professor at Marquette University, submitted a FOIA request to the Department of State for records concerning certificates of demonstrated competency created for each ambassadorial candidate to comply with the Foreign Service Act from January 1, 1980 to the present. Scoville clarified his request for documents provided by the President to the Senate Foreign Relations Committee pursuant to the Foreign Service Act. The agency provided records from 2001 to the present, but told Scoville that older records were at the National Archives. Scoville contacted the National Archives, which told Scoville that it did not have the records, but that they were still in the custody of the State Department. State then disclosed an additional 286 documents and told Scoville that its processing of his request was complete. Scoville then filed an administrative appeal, but after hearing nothing further from the agency, Scoville filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
21. Davis v. Hancock (filed May 19, 2017)
    Lewis Davis, a federal prisoner, requested information from the John Hancock Company pertaining to the settlement of an estate. After John Hancock did not respond, Davis filed suit. This is not a FOIA claim since John Hancock is a private company and not a federal agency.
    Issues: FOIA not mentioned

In addition, we have added 2 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• BUZZFEED, INC. et al v. DEPARTMENT OF JUSTICE (filed May 12, 2017)
• GLASS v. U.S. DEPARTMENT OF JUSTICE et al (filed May 9, 2017)