SIERRA CLUB v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and 7 other new FOIA lawsuits

We have added 59 documents from 8 FOIA cases filed between September 17, 2017 and September 23, 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. SIERRA CLUB v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Sep 18, 2017)
   The Sierra Club submitted FOIA requests to the EPA for records concerning administrator Scott Pruitt’s communications with fossil fuel industry representatives. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the Sierra Club filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. ENVIRONMENTAL INTEGRITY PROJECT v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Sep 19, 2017)
   The Environmental Integrity Project submitted a FOIA request to the EPA for records concerning travel expenses for administrator Scott Pruitt and his staff. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, EIP filed suit.
   Issues: Failure to respond within statutory time limit
3. ENERGY & ENVIRONMENT LEGAL INSTITUTE v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Sep 20, 2017)
   The Energy & Environment Legal Institute submitted a FOIA request to the National Institute for Environmental Studies for records concerning emails and attachments that contained certain specific keywords. EELI also requested a fee waiver. The agency acknowledged receipt of one of the requests. The agency denied EELI’s request for a fee waiver. After hearing nothing further from the agency, EELI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. DEMOCRACY FORWARD FOUNDATION v. UNITED STATES DEPARTMENT OF DEFENSE (filed Sep 20, 2017)
   Democracy Forward Foundation submitted a FOIA request to the Department of Defense for records concerning the basis for statements made by the White House that Syria was preparing a chemical attack. Democracy Forward also requested a fee waiver. After hearing nothing further from the agency, Democracy Forward filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
5. KHINE, et al. v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY (filed Sep 21, 2017)
   Catholic Charities submitted a FOIA request to the Department of Homeland Security on behalf of Kay Khine for records pertaining to her asylum application. The agency disclosed 850 pages, but did not disclose its assessment report. Catholic Charities did not file an administrative appeal because it contended the agency’s response was only an interim response, not a final response. Catholic Charities then filed suit on behalf of Khine.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. STOP GEOENGINEERING MINNESOTA v. U.S. DEPARTMENT OF COMMERCE (filed Sep 21, 2017)
   Stop Geoengineering Minnesota submitted FOIA requests to the Department of Commerce and the National Oceanic and Atmospheric Administration for records concerning weather modification within the Weather Service Organization Workforce. The agency acknowledged receipt of the requests, but when the agency did not respond, Stop Geoengineering Minnesota filed an administrative appeal of the agency’s delay. After hearing nothing further from the agency, Stop Geoengineering Minnesota filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. PUBLIC CITIZEN, INC. v. OFFICE OF MANAGEMENT AND BUDGET (filed Sep 22, 2017)
   Public Citizen submitted a FOIA request to OMB for records concerning the implementation of President Trump’s executive order to cut back on regulations. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Public Citizen filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. PUBLIC CITIZEN, INC. v. DEPARTMENT OF LABOR (filed Sep 22, 2017)
   Public Citizen submitted a FOIA request to the Department of Labor for records concerning the agency’s implementation of President Trump’s executive order to cut back on regulations. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Public Citizen filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees