KILMER v. U.S. CUSTOMS AND BORDER PROTECTION and 7 other new FOIA lawsuits

We have added 51 documents from 8 FOIA cases filed between July 30, 2017 and August 5, 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. KILMER v. U.S. CUSTOMS AND BORDER PROTECTION (filed Aug 2, 2017)
   Paul Kilmer submitted a FOIA request to U.S. Customs and Border Protection for records concerning whether individuals planning to attend the Women’s March in Washington on January 21, 2017 from Canada were denied entrance to the United States. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Kilmer filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. Gizmodo Media Group, LLC v. Federal Bureau Of Investigation (filed Aug 1, 2017)
   Dell Cameron, a reporter for Gizmodo Media Group, submitted a FOIA request to the FBI for records concerning Roger Ailes, former president of Fox News. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Gizmodo Media Group filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Asian Americans Advancing Justice – Asian Law Caucus v. United States Department of Homeland Security et al (filed Aug 2, 2017)
   Asian Americans Advancing Justice and the Asian Law Caucus submitted FOIA requests to the Department of Homeland Security for records concerning the agency’s immigration bond system. The agency disclosed records with redactions under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The organizations filed an administrative appeal, which was denied. Asian Americans Advancing Justice and the Asian Law Caucus then filed suit.
   Issues: Litigation – Attorney’s fees, Litigation – Vaughn index
4. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES FOREST SERVICE (filed Aug 2, 2017)
   Public Employees for Environmental Responsibility submitted a FOIA request to the U.S. Forest Service for records concerning Cooperative Law Enforcement Agreements currently in effect between the agency and local law enforcement agencies. The agency acknowledged receipt of the request and asked PEER to clarify the scope of one of its items. Although PEER contacted the agency for further information, it received no response. After hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. KEEPING GOVERNMENT BEHOLDEN, INC. v. DEPARTMENT OF JUSTICE (filed Aug 2, 2017)
   Keeping Government Beholden submitted FOIA requests to the FBI for records concerning its records management and retention policies. The agency told Keeping Government Beholden that several requests were too vague. The organization appealed that decision to the Office of Information Policy. After hearing nothing further from the agencies, Keeping Government Beholden filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. CHARLESWORTH v. U.S. DEPARTMENT OF JUSTICE (filed Aug 3, 2017)
   Jacqueline Charlesworth submitted a FOIA request to the Department of Justice’s Antitrust Division for records about her and her work at the U.S. Copyright Office. The Antitrust Division told Charlesworth that it could find no records. She filed an administrative appeal of that decision with the Office of Information Policy. OIP upheld the Antitrust Division’s decision. Charlesworth then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
7. Reyes v. United States Department of the Interior, Bureau of Indian Affairs et al (filed Aug 4, 2017)
   Researcher Emilio Reyes submitted FOIA requests to the Bureau of Indian Affairs for records concerning the tribal affiliation of a specific individual. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Reyes filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Recovery of Costs
8. Natural Resources Defense Council v. U.S. Environmental Protection Agency (filed Aug 4, 2017)
   The Natural Resources Defense Council submitted a FOIA request to the EPA for records concerning the recusal or participation of Deputy Assistant Administrator Nancy Beck, who had previously worked for the American Chemistry Council, on issues involving regulation of chemical waste. The agency acknowledged receipt of the request. The NRDC had several contacts with the agency concerning the request, particularly its scope. However, after hearing nothing further from the agency, the NRDC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver