FOIA Activity: 66 new FOIA court documents

We have added 66 documents from 10 FOIA cases filed between September 2, 2018 and September 8, 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. Smart Pharmacy, Inc. et al v. Defense Health Agency (filed Sep 7, 2018)
   Smart Pharmacy submitted a FOIA request to the Defense Health Agency for records concerning the agency’s decision to suspend payments to Smart Pharmacy. The agency acknowledged receipt of the request. The agency ultimately denied Smart Pharmacy’s request on the basis of Exemption 7(A) (ongoing investigation or proceeding). Smart Pharmacy did not file an administrative appeal but filed suit instead.
   Issues: Litigation – Attorney’s fees, Litigation – Vaughn index
2. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. FISH AND WILDLIFE SERVICE (filed Sep 4, 2018)
   The Center for Biological Diversity submitted two FOIA requests to U.S. Fish and Wildlife Service for records concerning the species status assessment under the Endangered Species Act for the American Burying Beetle, including a memo directing that state representatives participate in the SSAs. The agency acknowledged receipt of both requests but after hearing nothing further from the agency, the Center for Biological Diversity filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF AGRICULTURE (filed Sep 4, 2018)
   The White Coat Waste Project submitted a FOIA request to the Department of Agriculture for the Institutional Animal Care and Use Committee-approved protocols for laboratory tests on cats at the Agricultural Research Service. After hearing nothing further from the agency, White Coat Waste Project filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. GENERAL SERVICES ADMINISTRATION (filed Sep 4, 2018)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the General Services Administration for records concerning communications between GSA and the White House pertaining to the renovation of the FBI headquarters building. CREW also requested a fee waiver. The agency acknowledged receipt of the request and subsequently told CREW that its request for a fee waiver had been granted. However, after hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. LAMBDA LEGAL DEFENSE & EDUCATION FUND, INC. v. OFFICE OF MANAGEMENT AND BUDGET (filed Sep 4, 2018)
   The Lambda Legal Defense Fund submitted three FOIA requests to OMB for records concerning Brett Kavanaugh’s involvement with LGBT issues when he served in the Bush administration. The Lambda Legal Defense Fund also requested expedited processing. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Lambda Legal Defense Fund filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. American Civil Liberties Union et al v. Department of Defense et al (filed Sep 4, 2018)
   The ACLU submitted FOIA requests to the Department of Defense, the Department of Homeland Security, the Department of the Interior, and the Department of Justice for records concerning the handling of protests against the Keystone Pipeline. The ACLU also requested a fee waiver. The agencies acknowledged receipt of the requests but after none of the agencies provided a satisfactory response, the ACLU of Montana filed suit.
   Issues: Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees
7. COLEMAN v. U.S. DEPARTMENT OF THE INTERIOR (filed Sep 6, 2018)
   Jesse Coleman, a researcher for Documented in Madison, Wisconsin, submitted five FOIA requests to the Department of the Interior for records concerning communications and calendars for a number of agency officials. The agency acknowledged receipt of the requests. The agency told Coleman that it had classified him as a commercial requester and that several of his requests qualified for unusual circumstances. After hearing nothing further from the agency pertaining to any of his requests, Coleman filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. FIX THE COURT v. U.S. DEPARTMENT OF JUSTICE (filed Sep 6, 2018)
   Fix the Court submitted a FOIA request to the Department of Justice for records concerning correspondence between the Office of Legal Counsel and Brett Kavanaugh from January 2001 to May 2006. Fix the Court also requested expedited processing. The agency acknowledged receipt of the request and subsequently told Fix the Court that its request for expedited processing had been granted. However, after hearing nothing further from the agency, Fix the Court filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Project South: The Institute for the Elimination of Poverty adn Genocide, Inc. v. Couch et al (filed Sep 7, 2018)
   Gerald Couch, Sheriff of Hall County, filed a notice of removal to dismiss a case brought by Project South against Couch for violations of FOIA and the Georgia Open Records Act. The suit alleges a violation of FOIA, but since Couch is a Georgia state official, Project South probably does not have a claim under FOIA.
   Issues: FOIA mentioned only tangentially
10. Wood v. United States Department of the Army (filed Sep 7, 2018)
    Arlyn Wood submitted FOIA requests to the Department of the Army for records concerning various incidents when he was in the Army. The agency acknowledged receipt of the requests. After hearing nothing from the agency, Wood filed an administrative appeal. After hearing nothing more, Wood filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index