State Of New York et al v. United States Department of the Treasury et al and 26 other new FOIA lawsuits
We have added 174 documents from 26 FOIA cases filed between May 5, 2019 and May 11, 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.
- State Of New York et al v. United States Department of the Treasury et al (filed May 6, 2019)
The State of New York and the State of New Jersey submitted FOIA requests to the IRS for records concerning revisions in its policies for State-tax exempt entities. The agency acknowledged receipt of the requests. The agency told the States of New York and New Jersey that it would invoke a 10-day extension for responding. After hearing nothing further from the agency, the States of New York and New Jersey filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Rivera v. National Nuclear Security Administration et al (filed May 9, 2019)
Anthony Rivera, a former employee at the Lawrence Livermore National Laboratory, submitted FOIA requests to the National Nuclear Security Administration for records concerning his whistleblowing claims against LLNL and the costs of the litigation. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Rivera filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF LABOR et al (filed May 6, 2019)
American Oversight submitted FOIA requests to the Department of Labor and the Department of Justice for records concerning communications with Steve Wynn Resorts, whose businesses had been impacted by changes in polices pertaining to tip-pooling. The agencies acknowledged receipt of the requests, but after hearing nothing further from either agency, American Oversight filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF COMMERCE et al (filed May 6, 2019)
American Oversight submitted FOIA requests to the Department of Commerce, the Department of State, and the Department of the Treasury for records concerning communications to or from the White House pertaining to casino operator Sheldon Adelson. The agencies acknowledged receipt of the requests. American Oversight also submitted a second FOIA request to the Department of State and the Department of the Treasury for records of communications to or from Sheldon Adelson or anyone acting on his behalf. The agencies acknowledged receipt of that request. American Oversight submitted a third FOIA request to the Department of State and the Department of the Treasury for records concerning meetings in Washington, DC that involved Sheldon Adelson. The agencies acknowledged receipt of those requests. After hearing nothing further from any of the agencies pertaining to any of its requests, American Oversight filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - CENTER FOR BIOLOGICAL DIVERSITY v. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (filed May 6, 2019)
The Center for Biological Diversity submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning communications of NOAA’s Chief of Staff Stuart Levenbach. CBD also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied CBD’s fee waiver request and told CBD that fees for processing the request would be $56. CBD agreed to pay $25 under protest. However, after CBD agreed to limit the scope of its request, the agency granted their fee waiver request for the amended request. CBD submitted a second FOIA request for Levenbach’s communications that extended the date to the present. CBD also requested a fee waiver. The agency again told CBD that it would grant its request for a fee waiver if it would limit the scope of its request to email records ending in a noaa.gov address. CBD agreed to those terms. However, after hearing nothing further from the agency pertaining to either request, CBD filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - WILD HORSE FREEDOM FEDERATION v. BUREAU OF LAND MANAGEMENT (filed May 6, 2019)
The Wild Horse Freedom Federation submitted a FOIA request to the Bureau of Land Management for communications sent to or from Sally Spencer, Supervisory Marketing Specialist for the agency’s Wild Horse and Burro Program. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Wild Horse Freedom Federation filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - New York Legal Assistance Group v. United States Department of Veterans Affairs (filed May 6, 2019)
The New York Legal Assistance Group submitted a FOIA request to the Department of Veterans Affairs for records concerning the agency’s policies for referring educational institutions to the Federal Trade Commission for investigation. The agency acknowledged receipt of the request, but after hearing nothing further, the New York Legal Assistance Group filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - CENTER FOR BIOLOGICAL DIVERSITY v. U.S. ENVIRONMENTAL PROTECTION AGENCY et al (filed May 7, 2019)
The Center for Biological Diversity submitted FOIA requests to the EPA, U.S. Fish and Wildlife Service, and the National Oceanic and Atmospheric Administration for records concerning the use of chlorpyrifos, diazinon, and malathion. The agencies acknowledged receipt of the requests, but after hearing nothing further from any of the agencies pertaining to any of its requests, CBD filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - CENTER FOR BIOLOGICAL DIVERSITY v. COUNCIL ON ENVIRONMENTAL QUALITY et al (filed May 7, 2019)
The Center for Biological Diversity submitted FOIA requests to the Council for Environmental Quality, the Department of Agriculture, the Department of the Interior, the Department of Commerce, and the EPA for records concerning a memorandum of agreement between the agencies establishing an interagency working group to coordinate Endangered Species Act consultations for pesticide registrations and registration reviews. The agencies acknowledged receipt of the requests, but after hearing nothing further from any of the agencies pertaining to its requests, CBD filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - CENTER FOR BIOLOGICAL DIVERSITY v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed May 7, 2019)
The Center for Biological Diversity submitted a FOIA request to the EPA for records concerning communications between EPA and the National Marine Fisheries Service mentioning EPA’s development and implementation of an effectiveness monitoring plan pertaining to the use of pesticides containing chlorpyrifos, diazinon, and malathion. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, CBD filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - CENTER FOR BIOLOGICAL DIVERSITY v. U.S. ENVIRONMENTAL PROTECTION AGENCY et al (filed May 7, 2019)
The Center for Biological Diversity submitted FOIA requests to the EPA, the Department of Agriculture, and U.S. Fish and Wildlife Service for records concerning meetings and discussions between agency officials and the trade association CropLife America, which represents pesticide manufacturers. The agencies acknowledged receipt of the requests, but after hearing nothing further from any of the agencies, CBD filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES FISH AND WILDLIFE SERVICE (filed May 7, 2019)
Public Employees for Environmental Responsibility submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning the withdrawal of a memorandum pertaining to use of agricultural practices in wildlife management in the National Wildlife Refuge System. The agency disclosed records but withheld a total of 349 pages. PEER filed an administrative appeal of the denial, but after hearing nothing further from the agency, PEER filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - WILD HORSE FREEDOM FEDERATION v. BUREAU OF LAND MANAGEMENT (filed May 7, 2019)
The Wild Horse Freedom Federation submitted a FOIA request to the Bureau of Land Management for records concerning monthly invoices and inventories for each Off-Range Pasture. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Wild Horse Freedom Federation filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - CITIZENS UNITED v. UNITED STATES DEPARTMENT OF TREASURY (filed May 7, 2019)
Citizens United submitted a FOIA request to the Department of the Treasury for records concerning emails sent to or from senior agency officials and five named individuals, including Hunter Biden, son of Joe Biden. Citizens United also requested expedited processing. The agency acknowledged receipt of the request and denied Citizens United’s request for expedited processing. After hearing nothing further from the agency, Citizens United filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - S.P. PLAZA, LC v. U.S. GENERAL SERVICES ADMINISTRATION (filed May 7, 2019)
S.P. Plaza, L.C. submitted a FOIA request to the General Services Administration for records concerning the construction of the federal courthouse in McAllen, Texas. The agency acknowledged receipt of the request and told S.P. Plaza that processing its request would incur fees. S.P. Plaza reminded GSA that it could not charge fees if it did not respond within the statutory time limits. After hearing nothing further from the agency, S.P. Plaza filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Cooper v. Department of the Treasury et al (filed May 7, 2019)
Garth Cooper submitted five FOIA requests to the IRS for records concerning returns signed by him as well as various agency policies. After hearing nothing further from the agency, Cooper filed suit.
Issues: Failure to respond within statutory time limit - STATE OF NEW JERSEY v. UNITED STATES DEPARTMENT OF JUSTICE (filed May 7, 2019)
The State of New Jersey submitted a FOIA request to the Department of Justice for records concerning the agency’s interpretation of the Wire Act. The State of New Jersey also asked for a fee waiver. DOJ acknowledged receipt of the request and told the State of New Jersey that it would invoke a 10-day extension in which to respond. After hearing nothing further the agency, the State of New Jersey filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed May 8, 2019)
American Oversight submitted FOIA requests to the Department of Homeland Security and the Department of Justice for records concerning communications between Gene Hamilton, former senior advisor to the Secretary of Homeland Security, and non-government email addresses. The agencies acknowledged receipt of the requests, but after hearing nothing further from either agency, American Oversight filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF STATE et al (filed May 8, 2019)
Citizens for Responsibility and Ethics in Washington submitted FOIA requests to the Department of State and U.S. Agency for International Development for records concerning the briefing call on international religious freedom held by Secretary of State Mike Pompeo on March 18, 2019. CREW also requested a fee waiver. Both agencies acknowledged receipt of the requests. USAID told CREW that its request did not adequately identify the records sought. CREW agreed to narrow the scope of its request. USAID also told CREW it had place the organization in the news media category, mooting CREW’s request for a fee waiver. After hearing nothing further from either agency, CREW filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - SPARACINO PLLC v. UNITED STATES DEPARTMENT OF STATE (filed May 8, 2019)
Sparacino PLLC, a law firm representing hundreds of U.S. citizens who had family members killed or injured in Iraq, filed eight complex FOIA requests with the Department of State for records pertaining to the Iraq war. The agency acknowledged receipt of the requests and responded to three of them. But after hearing nothing further from the agency pertaining to any of its other five requests, Sparacino PLLC filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - McBride v. Department of Veterans Affairs et al (filed May 8, 2019)
Edward McBride submitted a FOIA request to the Department of Veterans Affairs for records concerning an incident in which he was detained by the Santa Fe police. After hearing nothing further from the agency, McBride filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Kuzma v. U. S. Department of Justice (filed May 8, 2019)
Michael Kuzma submitted FOIA requests to the Executive Office for U.S. Attorneys and the U.S. Attorney for South Dakota for records concerning Ray Robinson. The agency acknowledged receipt of the requests. The agencies then denied the request. Kuzma filed an administrative appeal. The agency acknowledged receipt of the administrative appeal. Kuzma also filed an administrative appeal to the Office of Information Policy for the USASD denial. That appeal was denied by OIP but after hearing nothing further from the agency, Kuzma filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Rivera v. National Nuclear Security Administration et al (filed May 9, 2019)
Anthony Rivera, a former employee at the Lawrence Livermore National Laboratory, submitted FOIA requests to the National Nuclear Security Administration for records concerning his whistleblowing claims against LLNL and the costs of the litigation. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Rivera filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - BUZZFEED INC. v. DEPARTMENT OF STATE (filed May 9, 2019)
BuzzFeed submitted a FOIA request to the Department of State for records concerning communications between the Bureau of Medical Services and University of Miami physician Michael Hoffer regarding injuries to U.S. diplomats in Cuba. The agency acknowledged receipt of the request and denied the request entirely under Exemption 7(A) (interference with ongoing investigation or proceeding). BuzzFeed filed an administrative appeal. The agency acknowledged receipt of the appeal but told BuzzFeed that it would be unable to respond within the statutory time limit. BuzzFeed then filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - NOSAL et al v. MNUCHIN (filed May 10, 2019)
Chester and Natascha Nosal submitted a FOIA request to the IRS for records concerning whistleblower allegations against Chester Nosal for violating tax laws. The agency acknowledged receipt of the request and told the Nosals that it would not respond to the request to the extent that it involved third parties without authorization. The Nosals filed an administrative appeal. The agency acknowledged receipt of the appeal and told the Nosals that it would be unable to respond within the statutory time limit. The Nosals then filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Diallo et al v. BIA, EOIR et al (filed May 10, 2019)
April Jones submitted a FOIA request on behalf of her husband, Moumar Diallo to the Board of Immigration Appeals for records concerning the denial of Diallo’s I-130 application. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Jones and Diallo filed suit.
Issues: Failure to respond within statutory time limit
In addition, we have added 1 document from 1 case, with an earlier filing date, that has recently appeared on PACER.
- ROBERTS v. OFFICE OF JUSTICE PROGRAMS (filed May 3, 2019)
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