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FOIA Activity: 108 new FOIA court documents

by Harry Hammitt on August 10th, 2018

We have added 106 documents from 17 FOIA cases filed between July 22, 2018 and July 28, 2018. 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. LORANCE v. DEPARTMENT OF THE ARMY (filed Jul 22, 2018)
    Clint Lorance submitted a FOIA request to the Department of the Army for records concerning an investigation of four Afghani men. The agency acknowledged receipt of the records. It later told Lorance that its Office of Provost Marshal General had found no records. Lorance filed an administrative appeal of that decision. The agency then told Lorance that its first response was incorrect and that the records were being withheld under Exemption 1 (national security). Lorance then filed an administrative appeal of the agency’s corrected decision. After hearing nothing further from the agency, Lorance filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
  2. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE et al (filed Jul 24, 2018)
    Judicial Watch submitted a FOIA request to the Department of State, the Department of Defense, and the Department of Homeland Security for emails containing the phrase “boycott divestment and sanctions,” as well as emails containing the keywords “BDS” and “Israel.” The agencies acknowledged receipt of the request. DOD told Judicial Watch that its search had found no records. Judicial Watch filed an administrative appeal with DOD, 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
  3. ALLIED PROGRESS v. OFFICE OF MANAGEMENT AND BUDGET et al (filed Jul 25, 2018)
    Allied Progress submitted four FOIA requests to OMB and the Consumer Financial Protection Bureau for records concerning OMB Associate Director Kathy Kraninger, who had been nominated to head CFPB. Allied Progress also requested expedited processing. The agencies acknowledged receipt of the requests, but after hearing nothing further from either agency, Allied Progress filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  4. CAUSE OF ACTION INSTITUTE v. CENTERS FOR MEDICARE AND MEDICAID SERVICES (filed Jul 25, 2018)
    Cause of Action Institute submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning a waiver of the requirements of Section 1903 of the Social Security Act granted to any governmental entity in Colorado. The agency acknowledged receipt of the request. The agency then disclosed a three-page document to COA. COA asked the agency if that was its final determination, arguing that the three-page document did not respond to all parts of its request. The agency agreed, but after hearing nothing further from the agency, COA filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
  5. DEMOCRACY FORWARD FOUNDATION v. UNITED STATES CUSTOMS AND BORDER PROTECTION et al (filed Jul 25, 2018)
    Democracy Forward Foundation submitted a FOIA request to U.S. Customs and Border Protection for records concerning the agency’s zero tolerance policy. DFF also requested expedited processing. The agency acknowledged receipt of the request and denied DFF’s request for expedited processing. After hearing nothing further from the agency, DFF filed suit.
    Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
  6. GOVERNMENT ACCOUNTABILITY & OVERSIGHT P.C. v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jul 25, 2018)
    Government Accountability & Oversight submitted two FOIA request to the National Institute for Environmental Health Studies for records concerning emails sent to or from a named individual to three identified outside email addresses. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, GAO filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  7. GOVERNMENT ACCOUNTABILITY & OVERSIGHT v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Jul 25, 2018)
    Government Accountability & Oversight submitted two FOIA requests to the EPA for records concerning emails sent to or from two named individuals mentioning email addresses of three outside parties. The agency acknowledged receipt of the request. GAO also requested a fee waiver. The agency acknowledged receipt of the request and denied GAO’s request for a fee waiver. After hearing nothing further from the agency, GAO filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  8. HALL & ASSOCIATES v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed Jul 26, 2018)
    Hall & Associates submitted a FOIA request to the EPA for records concerning 35 documents pertaining to a Desk Statement made by the agency as to whether it would follow the Eighth Circuit’s decision in Iowa League of Cities. The agency had previously withheld the documents under Exemption 5 (privileges), but a recent district court decision found that the agency had waived protection for records created after the Desk Statement was issued in November 2013. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Hall & Associates filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  9. PROPERTY OF THE PEOPLE, INC. et al v. DEPARTMENT OF JUSTICE (filed Jul 27, 2018)
    Property of the People and researcher Ryan Shapiro submitted FOIA requests to the FBI for records concerning two files with the classification 266, which refers to domestic terrorism. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Property of the People and Shapiro filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  10. LORANCE v. DEPARTMENT OF THE AIR FORCE (filed Jul 28, 2018)
    Clint Lorance, submitted a FOIA request to the Department of the Air Force for records concerning the deaths of six airmen at Bagram Air Force Base in Afghanistan on December 21, 2015. Lorance also requested expedited processing. The agency acknowledged receipt of the request and denied Lorance’s request for expedited processing. After hearing nothing further from the agency, Lorance filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
  11. Naffis v. United States Department of Education (filed Jul 23, 2018)
    Parviz Naffis submitted a FOIA request to the Department of Education for records concerning his student loans. The agency acknowledged receipt of his request and asked for verification of Naffis’s identity. He provided that information and asked for specific records about Xerox, which was involved in Naffis’s student loan. After hearing nothing further from the agency, Naffis filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
  12. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD (filed Jul 24, 2018)
    Public Employees for Environmental Responsibility submitted a FOIA request to the U.S. Chemical Safety and Hazard Investigation Board for records concerning a survey distributed to CSB personnel pertaining to the agency’s internal communications and management. The agency acknowledged receipt of the request, found no records responsive to portions of PEER’s request, and withheld some records responsive to another sub-part of PEER’s request under Exemption 5 (privileges). PEER filed an administrative appeal, but after hearing nothing further from the agency, PEER filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  13. SOUTHERN POVERTY LAW CENTER v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Jul 24, 2018)
    The Southern Poverty Law Center submitted a FOIA request to U.S. Customs and Border Protection for records concerning apprehensions that took place on buses in Florida from September 2016 through February 2017, and September 2017 through February 2018. SPLC also requested a fee waiver. The agency acknowledged receipt of the request. The agency asked SPLC to narrow the scope of its request. SPLC contacted the agency’s FOIA public liaison to discuss narrowing the request, but after hearing nothing further from the agency, SPLC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
  14. SOUTHERN POVERTY LAW CENTER v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Jul 24, 2018)
    The Southern Poverty Law Center submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning policies for using local law enforcement to arrest aliens on local criminal charges under color of federal authority. SPLC also requested a fee waiver. The agency acknowledged receipt of the request and took a 10-day extension. SPLC contacted the agency to inquiry about its status, but after hearing nothing further from the agency, SPLC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  15. O'DONNELL v. U.S. DEPARTMENT OF STATE (filed Jul 24, 2018)
    Christopher O’Donnell, president of Development Essentials, submitted a FOIA request to the Department of State for the U.S. Embassy Local Compensation Plan for each country in which the U.S. Agency for International Development implements development work. O’Donnell paid $7,200 in estimated search and duplication costs. The agency acknowledged receipt of the fees, but after hearing nothing further from the agency, O’Donnell filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  16. American Civil Liberties Union Foundation of Maryland v. U.S. Department of Homeland Security et al (filed Jul 25, 2018)
    The ACLU Foundation of Maryland submitted a FOIA request to U.S. Immigration and Customs Enforcement concerning a claim made by the Harford County Sheriff that it had identified 105 individuals with gang affiliation who merited further screening. The agency acknowledged receipt of the request and ultimately disclosed a spreadsheet with redactions made under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The ACLU Foundation of Maryland filed an administrative appeal, but after hearing nothing further from the agency, the ACLU Foundation filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  17. Western Watersheds Project v. USDA APHIS Wildlife Services (filed Jul 26, 2018)
    Western Watersheds Project submitted four FOIA requests to the Animal and Plant Health Inspection Service for records concerning attacks on livestock by wolves. WWP also requested a fee waiver and expedited processing. The agency acknowledged receipt of the requests and denied WWP’s request for expedited processing. After hearing nothing further from the agency, WWP filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

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

From → FOIA, PACER

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