PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. U.S. ENVIRONMENTAL PROTECTION AGENCY

We have added 66 documents from 12 FOIA cases filed between September 23, 2018 and September 29, 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. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed Sep 25, 2018)
   Public Employees for Environmental Responsibility submitted a FOIA request to the EPA for a draft health assessment regarding the possible carcinogenic or other health harms from day-to-day exposure to formaldehyde vapor. The EPA acknowledged receipt of the request and asked PEER to clarify the records it was seeking. PEER did so, but after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. DIALYSIS PATIENT CITIZENS v. U.S.CENTERS FOR MEDICARE AND MEDICAID (filed Sep 26, 2018)
   Dialysis Patient Citizens submitted a FOIA request to the Centers for Medicare and Medicaid Services for a notice sent to health centers treating end-stage-renal-disease. DPC also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (ongoing investigation or proceeding). DPC filed an administrative appeal, but after hearing nothing further from the agency, DPC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Bruce v. Government National Mortgage Association et al (filed Sep 26, 2018)
   Nelson Bruce submitted FOIA requests to the Department of Treasury, the Department of Housing and Urban Development, and the Federal Reserve for records concerning FR-2046 forms received by the agencies from certain organizations. HUD responded to some of Bruce’s requests, primarily with no records responses. After hearing nothing further from any of the agencies, Bruce filed suit.
   Issues: Failure to respond within statutory time limit
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF ENERGY (filed Sep 24, 2018)
   Judicial Watch submitted a FOIA request to the Department of Energy for communications between the agency and Michael Cohen pertaining to a loan application for the Bellefonte Nuclear Power Plant. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. Hendricks v. US Department of Justice (filed Sep 24, 2018)
   Jerry Hendricks, a federal prisoner, submitted a FOIA request to the Department of Justice for records concerning his conviction. The agency disclosed 21 pages, with redactions on three pages, and withheld 160 pages entirely under Exemption 3 (other statutes). Hendricks filed an administrative appeal of the decision, but after hearing nothing further from the agency, he filed suit.
   Issues: Failure to respond within statutory time limit
6. CENTER FOR REPRODUCTIVE RIGHTS v. U.S. DEPARTMENT OF STATE (filed Sep 25, 2018)
   The Center for Reproductive Rights submitted a FOIA request to the Department of State for records concerning the apparent decision not to include the Reproductive Rights section in the 2017 “Country Reports on Human Rights Practices.” The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Center for Reproductive Rights filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Sep 25, 2018)
   Judicial Watch submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records 1,900 pages of records the agency had said were non-responsive to another suit. After hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. Marin v. Kenna (filed Sep 25, 2018)
   Florica Marin filed suit against the Francis Kenna, Clerk of the Court for the New York Supreme Court in Queens to force the court to provide her access to files from a wrongful death suit brought against New York City pertaining to her husband. This is not a FOIA claim.
   Issues: FOIA not mentioned
9. Salomone v. United States Congress Office of Compliance (filed Sep 26, 2018)
   William Salomone submitted a request to the U.S. Congress Office of Compliance for records concerning payments made to cover up sexual abuse, harassment and other misconduct. The agency acknowledged receipt of the request. Congress is not subject to FOIA and, as a result, this is not a FOIA claim.
   Issues: FOIA mentioned only tangentially
10. Arab American Action Network v. Department of Homeland Security et al (filed Sep 26, 2018)
    The Arab American Action Network submitted FOIA requests to the Department of Homeland Security and the Department of Justice concerning its Countering Violent Extremists program and its operations in Chicago and Illinois. AAAN also requested a fee waiver. DHS acknowledged receipt of the requests and asked for clarification, which AAAN provided. The FBI also acknowledged receipt of the request but told AAAN that a search of its central records system found no responsive records. AAAN filed an administrative appeal of the FBI’s no records response. The agency granted the appeal and remanded the request back to the FBI for further searches. After hearing nothing further from either agency, AAAN filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
11. Sharks Sports & Entertainment LLC v. Federal Transit Administration et al (filed Sep 28, 2018)
    Shark Sports & Entertainment submitted a FOIA request to the Federal Transit Administration for records relating to a light-rail parking lot at San Jose Diridon Station. The agency acknowledged receipt of the request. The agency denied the request based on several exemptions, primarily Exemption 5 (privileges). Shark Sports filed an administrative appeal of the decision, but after hearing nothing further from the agency, Shark Sports filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. THEHUFFINGTONPOST.COM, INC. v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Sep 28, 2018)
    HuffingtonPost.com submitted a FOIA request to U.S. Immigration and Customs Enforcement for arrest records of undocumented aliens from December 2016 through December 2017. HuffingtonPost also requested expedited processing. The agency acknowledged receipt of the request and asked HuffingtonPost for clarification. HuffingtonPost provided clarification to the agency. After hearing nothing further from the agency, HuffingtonPost filed an administrative appeal of the denial of expedited processing. The agency acknowledged receipt of the appeal, but after hearing nothing further from the agency, HuffingtonPost filed suit.
    Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index

In addition, we have added 3 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• ROSE v. U.S. DEPARTMENT OF JUSTICE (filed Sep 20, 2018)
• Bhambra v. Administrative Office of the Federal Courts of the United States et al (filed Sep 17, 2018)