The New York Times Company et al v. Federal Communications Commission and 17 other new FOIA lawsuits

We have added 84 documents from 17 FOIA cases filed between September 16, 2018 and September 22, 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. The New York Times Company et al v. Federal Communications Commission (filed Sep 20, 2018)
   New York Times reporters Nicholas Confessore and Gabriel Dance submitted FOIA requests to the Federal Communications Commission for records concerning IP addresses, time stamps, and comments for public comments submitted pertaining to the agency’s rulemaking procedure to repeal the net neutrality rules put in place during the Obama administration to explore allegations that a number of comments were generated by Russian bots. The agency denied the request entirely, claiming Exemption 6 (invasion of privacy). The Times filed an administrative appeal. The agency then told the Times that it had security concerns as well. The agency sent the Times a revised denial letter, citing both Exemption 6 and Exemption 7(E) (investigative methods and techniques). The Times filed another administrative appeal of the revised denial. After several back and forth discussions with the Times and the agency, including the Times’ willingness to narrow its request, did not result in a final resolution of the appeal, the Times filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF STATE et al (filed Sep 16, 2018)
   The Center for Biological Diversity submitted FOIA requests to the Department of State, the Federal Aviation Administration, and the EPA for records concerning aircraft emission standards. The agencies acknowledged receipt of the requests. The FAA asked the Center to narrow the scope of its request. The Center provided the agency with its proposal for narrowing the scope but did not hear back from the FAA. After hearing nothing from any of the three agencies. The Center filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Coalition for Humane Immigrant Rights et al v. United States Citizenship and Immigration Services (filed Sep 17, 2018)
   The Coalition for Humane Immigrant Rights and a number of other immigrant rights organizations submitted FOIA requests to U.S. Citizenship and Immigration Services for records concerning the approval or denial of N-400 naturalization applications. The organizations also requested a fee waiver. After hearing nothing further from the agency, the coalition of immigrant rights’ organizations filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
4. Proctor v. National Archives and Records Administration (filed Sep 17, 2018)
   Melanie Proctor submitted a FOIA request to the National Archives and Records Administration for records concerning her deposition by the Office of the Independent Counsel in 1998. The agency acknowledged receipt of the request and denied Proctor’s request under Exemption 3 (other statutes). Proctor filed an administrative appeal, which was also denied. Proctor then filed suit.
   Issues: Litigation – Recovery of Costs
5. Bhambra v. Administrative Office of the Federal Courts of the United States et al (filed Sep 17, 2018)
   Harjit Bhambra submitted a FOIA request to the Administrative Office of the U.S. Courts for records concerning oaths of office appointments. Because the judiciary is not subject to FOIA, Bhambra has no FOIA claim.
   Issues: FOIA not mentioned
6. BLUMENTHAL et al v. U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION et al (filed Sep 17, 2018)
   Sen. Richard Blumenthal (D-CT), Sen. Patrick Leahy (D-VT), Sen. Sheldon Whitehouse (D-RI), Sen. Mazie Hirono (D-HI), Sen. Cory Booker (D-NJ), and Sen. Kamala Harris (D-CA) submitted FOIA requests to the National Archives and Records Administration, the G.W. Bush Presidential Library, and the CIA for records concerning Brett Kavanaugh when he worked in the Bush administration. The Senators requested expedited processing for their requests to NARA and the Bush Presidential Library. All three agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, the Senators filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. ELECTRONIC PRIVACY INFORMATION CENTER v. U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Sep 17, 2018)
   The Electronic Privacy Information Center submitted two FOIA requests to the National Archives and Records Administration for communications sent to or from Brett Kavanaugh when he worked for the Bush administration concerning surveillance proposals. EPIC also requested inclusion in the news media fee category and expedited processing. The agency acknowledged receipt of EPIC’s requests and granted EPIC’s request for expedited processing. The G.W. Bush Presidential Library contacted EPIC to ask it to narrow the scope of its requests. EPIC indicated its willingness to do so, but after hearing nothing further from the agency, EPIC filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
8. Reclaim the Records et al v. United States Department of Veterans Affairs (filed Sep 17, 2018)
   Reclaim the Records and Brooke Schreiber Ganz submitted a FOIA request to the Department of Veterans Affairs for records concerning the BIRLS Death File, which Ganz told the agency had previously been made public to two genealogy websites. The agency acknowledged receipt of the request but told Ganz that the current database could not be disclosed because of privacy concerns under Exemption 6 (invasion of privacy). Ganz filed an administrative appeal and the agency told her the database was actually maintained by the Veterans Health Administration. VHA denied her request, telling her that the previous disclosure of the database to Ancestry.com was erroneous and had led to data breaches of veterans’ private information. Ganz filed an administrative appeal of the VHA denial, but after hearing nothing further from the agency, Reclaim the Records and Ganz filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. JAMES MADISON PROJECT v. DEPARTMENT OF DEFENSE (filed Sep 18, 2018)
   The James Madison Project submitted a FOIA request to the Department of Defense for records. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, JMP filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. First Amendment Coalition v. U.S. Department of Justice (filed Sep 19, 2018)
    The First Amendment Coalition submitted FOIA requests to the Department of Justice for records concerning the agency’s seizure of records from New York Times reporter Ali Watkins. The agency acknowledged receipt of the requests and took a 10-day extension for unusual circumstances. After hearing nothing further from the agency, FAC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. CENTER FOR FOOD SAFETY v. UNITED STATES DEPARTMENT OF AGRICULTURE (filed Sep 19, 2018)
    The Center for Food Safety submitted a FOIA request to the Department of Agriculture for records concerning three meetings held by the Food Safety and Inspection Service. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, CFS filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. National Public Radio, Inc. et al v. United States Department of Veterans Affairs (filed Sep 20, 2018)
    National Public Radio reporter Eric Westervelt submitted a FOIA request to the Department of Veterans Affairs for records concerning whistleblower complaints and investigations. Westervelt also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Westervelt filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. HORVATH v. UNITED STATES SECRET SERVICE (filed Sep 20, 2018)
    Michael Horvath, a Secret Service agent with the presidential detail in Washington, submitted a FOIA request to U.S. Secret Service for records concerning the agency’s investigation of allegations that he had been retaliated against by the Los Angeles field office. Horvath filed a class action suit in 2016 for overtime pay and compensation. As a result, he was transferred to the Los Angeles field office, where he alleged that he was subject to retaliation. Horvath’s request for further information about the investigation was interpreted as being a FOIA request and sent to the FOIA office for processing. The FOIA office acknowledged receipt of the request, but after hearing nothing further from the agency, Horvath filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
14. WILD HORSE FREEDOM FEDERATION v. BUREAU OF LAND MANAGEMENT (filed Sep 20, 2018)
    The Wild Horse Freedom Foundation submitted a FOIA request to the Bureau of Land Management for records concerning the Wild Horse and Burro Program System database. The agency acknowledged receipt of the request and gave WHFF an estimated completion date of April 2018. After hearing nothing further from the agency, WHFF filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. Sea Shepherd Legal v. U.S. Department of Interior (filed Sep 20, 2018)
    Sea Shepherd Legal submitted a FOIA request to the Department of the Interior for records concerning the agency’s review of three Pacific island national monuments. The agency acknowledged receipt of the request. The agency told Sea Shepherd Legal that it could not respond within the statutory time limit. After hearing nothing further from the agency, Sea Shepherd Legal filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. DEFRAIA v. NATIONAL SECURITY AGENCY (filed Sep 21, 2018)
    Daniel DeFraia submitted a FOIA request to the National Security Agency for records concerning NSA investigations of leaks of classified information to new media organizations between October 1952 and December 1976. The agency acknowledged receipt of the request. In response to DeFraia’s inquiry concerning an estimated completion date, the agency told DeFraia processing his request would take two years. After hearing nothing further from the agency, DeFraia filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. The University of Washington et al v. United States Department of Homeland Security et al (filed Sep 21, 2018)
    The Center for Human Rights at the University of Washington submitted 12 FOIA requests to U.S. Immigration and Customs Enforcement for records concerning the human rights impact of federal immigration enforcement in the State of Washington. The agency acknowledged receipt of the requests but had only responded to two of the requests when the University filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 2 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• Diaz v. San Diego Police Department et al (filed Sep 13, 2018)