CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF THE INTERIOR et al and 20 other new FOIA lawsuits

We have added 117 documents from 17 FOIA cases filed between May 21, 2017 and May 27, 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. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF THE INTERIOR et al (filed May 23, 2017)
   The Center for Biological Diversity submitted FOIA requests to the Department of the Interior, the EPA, the Department of Energy, and the Department of State for records concerning policies ordering the agencies to remove or keep information about climate change on their websites. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, the Center for Biological Diversity filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. NEBORAK v. UNITED STATES DEPARTMENT OF EDUCATION (filed May 24, 2017)
   Judy Neborak, a disabled student, submitted a FOIA request to the Department of Education for records concerning guidance for granting a discharge from a student loan because of disability. After hearing nothing further from the agency, Neborak filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF THE INTERIOR et al (filed May 22, 2017)
   American Oversight submitted FOIA requests to the Department of the Interior and seven other cabinet-level departments for records concerning the number of political appointees as well as the number of career employees elevated to leadership roles since the beginning of the Trump administration. All the agencies acknowledged receipt of the requests. The EPA provided a partial response. After hearing nothing further from the agencies, American Oversight filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Radar Online LLC et al v. Federal Bureau of Investigation (filed May 22, 2017)
   Radar Online, an online investigative journalism outlet, and Michael Best, a journalist, submitted a FOIA request to the FBI for records concerning the Church of Scientology. The agency told Radar Online and Best that the request was too vague to search. Radar Online and Best filed an administrative appeal. The agency denied the appeal on the basis that it was too burdensome. Radar Online and Best also submitted a request for records concerning Ronald DeWolf, providing verification that DeWolf was deceased. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Radar Online and Best filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. The Miller Firm, LLC v. U. S. Environmental Protection Agency (filed May 22, 2017)
   The Miller Firm, a law firm representing more than 1,000 clients in a lawsuit against Monsanto pertaining to its herbicide Round-up, submitted a FOIA request to the EPA for records concerning Monsanto to be used in relationship to its lawsuit. After several contacts with the agency provided no response, the Miller Firm filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. CAUSE OF ACTION INSTITUTE v. INTERNAL REVENUE SERVICE (filed May 24, 2017)
   Cause of Action Institute submitted a FOIA request to the IRS for records concerning the agency’s determination that a proposed rule on the valuation of interests in closely held partnerships and corporations for estate-tax purposes does not require analysis under the Regulatory Flexibility Act. The IRS disclosed 11 records, which apparently did not satisfy Cause of Action Institute. Cause of Action Institute filed an administrative appeal challenging the agency’s search. The agency denied Cause of Action Institute’s appeal and Cause of Action Institute filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
7. JUDICIAL WATCH, INC. v. US DEPARTMENT OF VETERANS' AFFAIRS (filed May 24, 2017)
   Judicial Watch submitted a FOIA request to the Department of Veterans Affairs for records concerning communications between the VA Center in Los Angeles and Vet’s Advocacy, Inc. 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. WESTERN VALUES PROJECT v. U.S. DEPARTMENT OF THE INTERIOR (filed May 24, 2017)
   The Western Values Project submitted a FOIA request to the Department of the Interior concerning the development of five national monument proclamations issued by President Obama since January 2014. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Western Values Project filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. PROTECT DEMOCRACY PROJECT, INC. v. NATIONAL SECURITY AGENCY (filed May 24, 2017)
   The Protect Democracy Project submitted a FOIA request to the National Security Agency for records concerning communications between the NSA and the White House pertaining to contacts between Russian officials and the Trump campaign or Trump administration. The Protect Democracy Project also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Protect Democracy Project filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE et al (filed May 25, 2017)
    Judicial Watch submitted FOIA requests to the Department of Justice and the National Security Agency for records of communications between the agency and former National Security Advisor Susan Rice or her staff concerning Russian involvement in hacking during the 2016 election cycle or any contacts between Russia and members of the Trump campaign. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, Judicial Watch filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
11. AMERICAN CIVIL LIBERTIES UNION v. DEPARTMENT OF HOMELAND SECURITY (filed May 25, 2017)
    The ACLU submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the agency’s policy with respect to hunger strikes. The ACLU also requested expedited processing and a fee waiver. The agency responded by disclosing 18 pages with redactions. The ACLU filed an administrative appeal. The agency remanded the ACLU’s request for further search. After hearing nothing further from the agency, the ACLU filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE et al (filed May 25, 2017)
    Judicial Watch submitted FOIA requests to the Department of the Air Force and the Secret Service for records concerning the costs of travel for former President Obama and President Trump’s election thank you tour. The agencies acknowledged receipt of the requests, 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
13. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed May 25, 2017)
    Judicial Watch submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the suspension of the weekly publication of the Declined Detainer Outcome Report. 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
14. Radar Online LLC v. Federal Bureau Of Investigation (filed May 25, 2017)
    Radar Online, an online investigative journalism site, submitted a FOIA request to the FBI for records concerning Julius Epstein, a billionaire financier who was the subject of an undercover sex trafficking investigation in Palm Beach, FL. Radar Online also requested expedited processing. After hearing nothing further from the agency, Radar Online filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. Seife v. Food and Drug Administration et al (filed May 25, 2017)
    Charles Seife, a journalist, submitted a FOIA request to the FDA for records concerning the approval of the drug eteplirsen. Seife also requested expedited processing and a fee waiver. The agency denied Seife’s request for expedited processing. Seife filed an administrative appeal of the agency denial. After hearing nothing further from the agency, Seife filed suit.
    Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. Singh v. Federal Aviation Administration (filed May 25, 2017)
    Keerut Singh submitted a FOIA request to the Federal Aviation Administration for records concerning aircraft traffic near his residence. Singh also requested expedited processing and a fee waiver. The agency acknowledged receipt of Singh’s request, but did not respond to his request for expedited processing or a fee waiver. Singh filed an administrative appeal, but after hearing nothing further from the agency, he filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
17. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE et al (filed May 26, 2017)
    Judicial Watch submitted FOIA requests to the Department of State and the U.S. Agency for International Development for records concerning funds provided to the Foundation Open Society-Albania. The agencies acknowledged receipt of the requests, but after hearing nothing further, Judicial Watch filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index

In addition, we have added 13 documents from 4 cases, with earlier filing dates, that have recently appeared on PACER.

1. YU v. INTERNAL REVENUE SERVICE (filed May 19, 2017)
   Philip Yu submitted a FOIA request to the IRS for records concerning his income tax returns and examinations by the IRS from 2001-2013. The agency told Yu it would be unable to respond within 20 days. Yu then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Angell et al v. US Department of Justice (filed May 18, 2017)
3. Davis v. Western Union et al (filed May 16, 2017)
4. ELLIOTT v. U.S. GENERAL SERVICES ADMINISTRATION (filed May 15, 2017)