FOIA Activity: 85 new FOIA court documents

We have added 75 documents from 12 FOIA cases filed between August 26, 2018 and September 1, 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. SHEPHERD v. CONSUMER FINANCIAL PROTECTION BUREAU (filed Aug 27, 2018)
   Todd Shepherd submitted a FOIA request to the Consumer Financial Protection Bureau for records concerning phone logs for agency employee LeAndra English from November 2017 to March 2018. The agency acknowledged receipt of the request and provided Shepherd six pages with redactions under Exemption 6 (invasion of privacy). Shepherd filed an administrative appeal, which was denied. Shepherd then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
2. COLUMBUS REGIONAL HOSPITAL v. FEDERAL EMERGENCY MANAGEMENT AGENCY (filed Aug 29, 2018)
   The Columbus Regional Hospital in Columbus, Indiana, submitted two FOIA requests to the Federal Emergency Management Agency for records the agency relied upon in denying the hospital’s two appeals of the agency’s decision to recover $9.6 million in disaster assistance funds from the hospital. The agency acknowledged receipt of the requests and provided an estimated fee of $600, which the hospital agreed to pay. FEMA then told the hospital that because of the size of the hospital’s requests, the agency would need more time to process the requests. After hearing nothing further from the agency, Columbus Regional Hospital filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. RENEWABLE FUELS ASSOCIATION et al v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al (filed Aug 30, 2018)
   The Renewable Fuels Association and Growth Energy submitted FOIA requests to the EPA and the Department of Energy for records concerning the agencies’ policies on small refinery exemption extensions. The agencies acknowledged the requests. The agencies indicated that they believed much of the information qualified for protection under Exemption 4 (confidential business information). After hearing nothing further from either agency, the Renewable Fuels Association and Growth Energy filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. SMITH v. U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Aug 31, 2018)
   Grant Smith, director of the Institute for Research: Middle Eastern Policy, submitted FOIA requests to the George W. Bush Presidential Library and the Clinton Presidential Library for presidential letters sent to Israel pledging not to pressure the Israeli government into signing the non-proliferation treaty on nuclear weapons. Smith asked for a fee waiver. The libraries acknowledged receipt of the requests and issued a Glomar response neither confirming nor denying the existence of records. Smith filed administrative appeals for both Glomar responses, but after hearing nothing further from the agency, Smith filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs, Litigation – Vaughn index
5. Hazel v. United States Department of Justice (filed Aug 28, 2018)
   Bobby Hazel, a federal prisoner, submitted a FOIA request to the FBI and the Executive Office for U.S. Attorneys for records concerning a videotape related to his trial and conviction. The agencies failed to find the videotape and Hazel filed an administrative appeal to the Office of Information Policy. After hearing nothing further from OIP, Hazel filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
6. Epee v. United States Citizenship and Immigration Services (filed Aug 28, 2018)
   Leopold Epee, an attorney, submitted a FOIA request on behalf of his client Bekeke Asres Bogale for his alien file. The agency acknowledged receipt of the request. It located 646 pages. The agency disclosed 479 pages entirely and 53 pages in part. The agency withheld 108 pages under several exemptions. Epee filed an administrative appeal. The agency disclosed an additional 8 pages entirely and 22 pages in part. Epee then filed suit.
   Issues: Litigation – Attorney’s fees
7. Hispanic Federation et al v. United States Department of the Army (filed Aug 31, 2018)
   The Hispanic Federation and five other organizations submitted FOIA requests to the Department of the Army and the Department of the Air Force for records concerning suspected toxic sites at Fort Bliss and Goodfellow Air Force Base. The organizations also asked for expedited processing. The Army acknowledged receipt of the requests. After hearing nothing further from the agencies, the Hispanic Federation and the other organizations filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Dorsey & Whitney LLP v. United States Postal Service (filed Aug 27, 2018)
   The law firm of Dorsey & Whitney submitted a FOIA request to the U.S. Postal Service for records concerning negotiated service agreements between the agency and three companies. The agency acknowledged receipt of the request but denied it under Exemption 3 (other statutes). Dorsey & Whitney filed an administrative appeal, which was denied. Dorsey & Whitney then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
9. AMERICAN OVERSIGHT v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Aug 29, 2018)
   American Oversight submitted FOIA requests to five departments, the Federal Communications Commission, and the Centers for Medicare and Medicaid Services for records concerning contacts, including social media, with either Michael Cohen or Cory Lewandowski. The agencies acknowledged receipt of the requests. Several agencies told American Oversight that its request involved unusual circumstances and would take more time to process. After none of the agencies provided a response, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Jordan v. U.S. Department of Labor (filed Aug 29, 2018)
    Jack Jordan submitted FOIA requests to the Department of Labor for records concerning emails sent by employees of DynCorp International. The agency acknowledged receipt of the requests and told Jordan that his requests did not identify records that could be searched. Jordan then filed an administrative appeal, but after hearing nothing further from the agency, Jordan filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. PROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY, OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES (filed Aug 31, 2018)
    The Project on Government Accountability submitted two FOIA requests to the Office for Civil Rights and Civil Liberties at the Department of Homeland Security for records concerning complaints and investigations conducted by the Office. POGO also requested a fee waiver. The agency acknowledged receipt of the requests and granted POGO’s request for a fee waiver. After hearing nothing further from the agency as to either request, POGO filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Addison County Sheriff's Department v. United States Office of Special Counsel (filed Aug 31, 2018)
    The Addison County Sheriff’s Department submitted a FOIA request to the U.S. Office of Special Counsel for records of OSC’s investigation into whether the sheriff’s office had violated the Hatch Act. After hearing nothing further from the agency, the Addison County Sheriff’s Department filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 10 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. Silbaugh v. Department of Transportation et al (filed Aug 24, 2018)
   Alisha Silbaugh submitted three FOIA requests to the Federal Aviation Administration for records concerning metadata for phone logs. The agency acknowledged receipt of the requests but provided responses that Silbaugh found unsatisfactory. Silbaugh then filed suit.
   Issues: Failure to respond within statutory time limit
2. Animal Welfare Institute et al v. United States Department of Agriculture et al (filed Aug 23, 2018)
   The Animal Welfare Institute and Farm Sanctuary submitted FOIA requests to the Department of Agriculture’s Food Safety and Inspection Service for Noncompliance Records and Memoranda of Interview prepared pursuant to the Humane Methods of Slaughter Act and the Poultry Products Inspection Act. The organizations requested disclosure of the records and asked FSIS to proactively post such records. The agency acknowledged receipt of the request and provided redacted records. It did not address the AWI’s and Farm Sanctuary’s request to proactively disclose the records. AWI and Farm Sanctuary filed an administrative appeal. FSIS sent a letter to AWI and Farm Sanctuary indicating it was considering proactively disclosing the records. After hearing nothing further from the agency, AWI and Farm Sanctuary filed suit.
   Issues: Affirmative disclosure, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Columbia Riverkeeper v. United States Department Of Energy (filed Aug 22, 2018)