FOIA Activity: 57 new FOIA court documents, plus case descriptions

We have added 57 documents from 9 FOIA cases filed between December 30, 2018 and January 5, 2019. 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. Pickering v. U. S. Department of Justice (filed Jan 1, 2019)
   Leslie Pickering submitted a FOIA request to the FBI for records concerning Native American activist Leonard Peltier. The agency acknowledged receipt of the request, but after hearing nothing further, Pickering filed an appeal with the Office of Information Policy. OIP upheld the FBI’s inaction, but the FBI then notified Pickering that it had 6,020 responsive pages that could be disclosed on CDs at a cost of $190. Pickering expressed his willingness to pay the fee. The agency told him that it responded to requests on a first-in, first-out basis and that his request would be processed in turn. Pickering filed another administrative appeal, but after hearing nothing further from the agency, Pickering filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
2. MIDDLE EAST FORUM v. U.S. DEPARTMENT OF THE TREASURY (filed Jan 2, 2019)
   The Middle East Forum submitted a FOIA request to the U.S. Agency for International Development for records concerning a grant given to World Vision, Inc., particularly for information about sub-grantee Islamic Relief Agency. MEF explained that it was particularly interested in an authorization given by the Office of Foreign Assets Control at the Department of Treasury. MEF’s request was referred to Treasury. Treasury acknowledged receipt of the request. MEF and Treasury had some back and forth discussion over the scope of the request, but after hearing nothing further from the agency, MEF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. MIDDLE EAST FORUM v. U.S. DEPARTMENT OF STATE (filed Jan 2, 2019)
   The Middle East Forum submitted a FOIA request to the Department of State for records concerning a USAID grant to World Vision, Inc., particularly sub-grantee, Islamic Relief Agency. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, MEF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES DEPARTMENT OF TRANSPORTATION (filed Jan 3, 2019)
   Public Employees for Environmental Responsibility submitted a FOIA request to the National Highway Traffic Safety Administration for records concerning the agency’s failure to consider PEER’s rulemaking petition requiring warnings in cars that the engine was still running even though the key fob was not in the car. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. NATIONAL PUBLIC RADIO, INC. et al v. UNITED STATES DEPARTMENT OF THE TREASURY (filed Jan 3, 2019)
   National Public Radio reporter Tim Mak submitted four FOIA requests to the Department of Treasury for records concerning Maria Butina, the Russian recently convicted of espionage, and her connections with various Russian individuals or organizations. The agency acknowledged the requests, but after hearing nothing further from the agency, NPR filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. BARRACK, RODOS & BACINE v. OFFICE OF PERSONNEL MANAGEMENT (filed Jan 3, 2019)
   The law firm of Barrack, Rodos & Bacine filed a FOIA request with the Office of Personnel Management for records concerning WageWorks’ response to OPM’s request for proposal pertaining to management of federal flexible spending account program services. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the law firm filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. SCARLETT v. NATIONAL SCIENCE FOUNDATION (filed Jan 4, 2019)
   Carol Scarlett, whose small business was denied a Small Business Innovation Research grant by the National Science Foundation, submitted a FOIA request to NSF for records concerning why she was denied the grant. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Scarlett filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. Center for Biological Diversity v. United States Fish and Wildlife Service (filed Jan 4, 2019)
   The Center for Biological Diversity submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning the agency’s recommendations based on its evaluation of the Red Wolf Recovery Program. The agency ultimately told the Center that it was withholding eight records under Exemption 5 (deliberative process privilege) but did not provide a final determination. After hearing nothing further from the agency, the Center filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Munger v. Social Security Administration (filed Jan 4, 2019)
   Matthew Munger, who was mentally-disabled, submitted a FOIA request through Steven Munger, to the Social Security Administration for records concerning an accident he had at the Social Security Office in Longview, WA. The agency told Munger’s attorney that it was exempt from liability because of a consent authorization. The agency then told Munger’s attorney that it would administratively close his FOIA request. Munger then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees