AMERICAN CIVIL LIBERTIES UNION et al v. CENTRAL INTELLIGENCE AGENCY and 17 other new FOIA lawsuits

We have added 145 documents from 17 FOIA cases filed between November 25, 2018 and December 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. AMERICAN CIVIL LIBERTIES UNION et al v. CENTRAL INTELLIGENCE AGENCY (filed Nov 29, 2018)
   The ACLU submitted a FOIA request to the CIA for records concerning the agency’s influence campaign to support the nomination of Gina Haspel by declassifying select documents for the Senate and Haspel’s potential conflict of interest in serving as the declassification authority for records about her actions. The ACLU also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and granted the ACLU’s request for expedited processing. After hearing nothing further from the agency, the ACLU filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. GUARASCIO v. FEDERAL BUREAU OF INVESTIGATION OFFICE OF INFORMATION POLICY et al (filed Nov 29, 2018)
   Joseph Guarascio, a federal prisoner, submitted FOIA requests to the Department of Justice and the FBI for records concerning evidence used in his case. The agencies acknowledged Guarascio’s requests, but denied them on the basis that his plea agreement prohibited him from making FOIA requests about his conviction. Guarascio filed administrative appeals of denials by the FBI and the Bureau of Prisons. His appeals were consolidated by the Office of Information Policy, which upheld the agencies’ original decision. Guarascio then filed suit.
   Issues: Litigation – Jurisdiction – Failure to State a Claim
3. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (filed Nov 26, 2018)
   In response to FOIA requests submitted by Citizens for Responsibility and Ethics in Washington, the Department of Housing and Urban Development refused to grant CREW a fee waiver. After CREW filed suit, the agency would eventually provide the records free of charge. After learning that other public interest groups had been subject to this practice of refusing to grant fee waivers, CREW filed suit, claiming that HUD had a policy or practice of refusing to grant fee waivers.
   Issues: Litigation – Attorney’s fees, Public Interest Fee Waiver
4. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES OFFICE OF PERSONNEL MANAGEMENT (filed Nov 27, 2018)
   Public Employees for Environmental Responsibility submitted a FOIA request to the Office of Personnel Management for records concerning the rationale for changing the definition of “senior leaders” for the 2018 Federal Employee Viewpoint Survey. The agency acknowledged receipt of the request and asked PEER to specify a time-frame for the request. PEER did so. After hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. ANHAM FZCO v. DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Nov 27, 2018)
   ANHAM FZCO, a business in Dubai, submitted a FOIA request to U.S. Immigration Customs Enforcement for records concerning the Office of Professional Responsibility’s investigation of former ICE Special Agent John Brusseau pertaining to allegations that he tried to obtain confidential information about ANHAM FZCO’s financial director. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, ANHAM FZCO filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. BALES v. UNITED STATES DEPARTMENT OF STATE (filed Nov 28, 2018)
   Robert Bales submitted a FOIA request to the Department of State for records concerning seven Afghan men who were called to the United States to testify at Bales’ court-martial. After hearing nothing further from the agency, Bales filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. COLORADO WILD PUBLIC LANDS v. UNITED STATES BUREAU OF LAND MANAGEMENT (filed Nov 28, 2018)
   Colorado Wild Public Lands submitted a FOIA request to the Bureau of Land Management for records concerning the Blue Valley Ranch Land Exchange. CWPL also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and told CWPL that if it narrowed the scope of the request it could be processed more quickly. CWPL said it no longer needed some documents. The agency provided a list of documents responsive to the request, but despite several inquiries about the status of its request, after hearing nothing further from the agency, CWPL filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
8. CENTER FOR FOOD SAFETY v. FARM SERVICE AGENCY (filed Nov 28, 2018)
   The Center for Food Safety submitted a FOIA request to the Department of Agriculture for records concerning the Farm Service Agency’s compliance with the National Environmental Policy Act and the actions it approves through its Environmental Screening Worksheets. The agency acknowledged receipt of the request, but after more than a year with no substantive response to the request, the Center for Food Safety filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
9. Rocky Mountain Wild, Inc. v. United States Forest Service et al (filed Nov 29, 2018)
   Rocky Mountain Wild submitted FOIA requests to the U.S. Forest Service for records concerning the Village of Wolf Creek. RMW also requested a fee waiver. The agency acknowledged receipt of the request. The Forest Service told RMW that, based on the record, it probably was not entitled to a fee waiver and asked it to narrow the scope of its request. RMW provided further support for its fee waiver request and refused to narrow the scope of its request. After hearing nothing further from the agency, RMW filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. ULLAH et al v. CENTRAL INTELLIGENCE AGENCY (filed Nov 29, 2018)
    The American Civil Liberties Union, on behalf of Obaid Ullah, the nephew of Gul Rahman, an Afghani who was detained and tortured to death by the CIA in Pakistan in 2002, submitted a FOIA request to the CIA for records concerning the disposition and location of Rahman’s body. The ACLU also requested expedited processing and a fee waiver. The CIA acknowledged receipt of the request and denied the ACLU’s request for expedited processing. After hearing nothing further from the agency, the ACLU filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
11. JAMES MADISON PROJECT et al v. DEPARTMENT OF DEFENSE (filed Nov 30, 2018)
    The James Madison Project and investigative reporter Brian Karem, submitted FOIA requests to Department of the Army and the General Accountability Office. After hearing nothing further from either agency, JMP and Karem filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. KOWAL v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Nov 30, 2018)
    Barbara Kowal, a paralegal in the Federal Public Defender’s Office for the Middle District of Florida, submitted FOIA requests to the Department of Justice and various components for records concerning the conviction of Daniel Troya, who had been represented by the Federal Public Defender’s Office for the Middle District of Florida. The agencies acknowledged receipt of the request. The FBI located 416 pages, releasing 134 pages in full and withholding 141 pages entirely under Exemption 7 (law enforcement records). The Bureau of Alcohol, Tobacco, and Firearms also disclosed records, withholding some under Exemption 7 as well. Kowal filed an administrative appeal of the FBI’s decision, which was denied. She also inquired as to whether ATF’s disclosure was a final appealable decision. After hearing nothing further from the agencies, Kowal filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. HYATT v. UNITED STATES PATENT AND TRADEMARK OFFICE (filed Nov 30, 2018)
    Gilbert Hyatt, an inventor, submitted a FOIA request to the U.S. Patent and Trademark Office for records concerning him or his patent applications. The agency acknowledged receipt of the request and asked Hyatt to narrow the scope of his request. The agency provided a fee estimate of $3,029,782 and put Hyatt in the commercial requester fee category. Hyatt asked PTO to explain its fee estimate. The agency told Hyatt that the search would cost $3,435, but that reviewing the emails would cost $918,000 and reviewing email attachments would cost $2.1 million. Hyatt narrowed his request. The agency denied Hyatt’s request for a fee waiver and estimated the cost of the narrowed request would be $131,000. Hyatt filed an administrative appeal, which was denied. Hyatt then filed suit.
    Issues: Fee Category – Commercial, Public Interest Fee Waiver
14. Rulapaugh v. Office of the State's Attorney (filed Nov 30, 2018)
    Joyce Rulapaugh filed suit against the Office of the State’s Attorney in St. Mary’s County, Maryland. This is not a FOIA claim.
    Issues: FOIA not mentioned
15. Rulapaugh v. St. Mary's County Government (filed Nov 30, 2018)
    Joyce Rulapaugh filed suit against the St, Mary’s County government for failure to disclose records. This is not a FOIA claim.
    Issues: FOIA not mentioned
16. Rulapaugh v. St. Mary's Sherriff's Office (filed Nov 30, 2018)
    Joyce Rulapaugh filed suit against the St. Mary’s County Sheriff’s Office for failing to disclose records. This is not a FOIA claim.
    Issues: FOIA not mentioned
17. Southern Environmental Law Center v. Council on Environmental Quality (filed Nov 30, 2018)
    The Southern Environmental Law Center submitted a FOIA request to the Council on Environmental Quality for records concerning its notice of rulemaking pertaining to revising procedural provisions of the National Environmental Policy Act. The agency acknowledged receipt of the request. SELC then updated its request to broaden its scope. CEQ acknowledged receipt of the updated request. SELC also requested a fee waiver. After hearing nothing further from the agency, SELC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

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

• FREEMAN v. FEDERAL BUREAU OF INVESTIGATION (filed Nov 21, 2018)