CAUSE OF ACTION INSTITUTE v. U.S. DEPARTMENT OF THE INTERIOR et al and 21 other new FOIA lawsuits

We have added 121 documents from 16 FOIA cases filed between May 19, 2019 and May 25, 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. CAUSE OF ACTION INSTITUTE v. U.S. DEPARTMENT OF THE INTERIOR et al (filed May 23, 2019)
   Cause of Action Institute submitted FOIA requests to the Department of the Interior, all other cabinet departments, the EPA, OMB, the Council of Inspector Generals, and Amtrak for records concerning the implementation of the foreseeable harm standard in the FOIA. The agencies acknowledged receipt of the requests, but after hearing nothing further from any of the agencies, Cause of Action Institute filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Sierra Club v. United States Department of Interior (filed May 22, 2019)
   The Sierra Club submitted two FOIA requests to the Department of the Interior for records concerning communications between agency officials and outside parties. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Sierra Club filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF AGRICULTURE (filed May 20, 2019)
   Democracy Forward Foundation submitted a FOIA request to the Department of Agriculture for records concerning the agency’s policies on school meals. DFF also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, DFF filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed May 20, 2019)
   Judicial Watch submitted a FOIA request to the Office of Special Counsel at the Department of Justice for records concerning communications between the Office of Special Counsel and contractors pertaining to the Russian investigation. 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. ELECTRONIC PRIVACY INFORMATION CENTER v. U.S. DEPARTMENT OF STATE (filed May 20, 2019)
   The Electronic Privacy Information Center submitted a FOIA request to the Department of State for records concerning the Bureau of Consular Affairs’ Consular Consolidated Database. EPIC also requested expedited processing and inclusion in the news media fee category. The agency acknowledged receipt of the request. EPIC contacted State’s FOIA office twice to inquire about the status of its request. After hearing nothing further from the agency, EPIC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
6. Friends of Animals v. Bernhardt et al (filed May 21, 2019)
   Friends of Animals submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning the importation of African elephant skins and products from 2012 to the present. The agency acknowledged receipt of the request. The agency located 847 pages and withheld parts of 496 pages under Exemption 4 (confidential business information), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records). Friends of Animals filed an administrative appeal, but after hearing nothing further from the agency, Friends of Animals filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. NORTHERN VIRGINIA CAPITAL DEFENDER OFFICE v. FEDERAL BUREAU OF INVESTIGATION (filed May 21, 2019)
   The Northern Virginia Capital Defender Office submitted a FOIA request to the FBI for records concerning the corrected genotypes used to generate the FBI allele frequency database. The agency acknowledged receipt of the request. The agency denied the request under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). NVCDO filed an administrative appeal to the Office of Information Policy. OIP upheld the FBI’s denial. NVCDO then filed suit.
   Issues: Fees, Litigation – Attorney’s fees
8. Sierra Club v. United States Department of Interior (filed May 22, 2019)
   The Sierra Club submitted two FOIA requests to the Department of the Interior for records concerning communications between agency officials and outside parties. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Sierra Club filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. NATIONAL STUDENT LEGAL DEFENSE NETWORK v. UNITED STATES DEPARTMENT OF EDUCATION (filed May 22, 2019)
   The National Student Legal Defense Network submitted two FOIA requests to the Department of Education for records. The first request asked for Program Participation Agreements between the agency and the Art Institute of Houston and several other art institutes. NSLDN also requested a fee waiver. The agency acknowledged receipt of the request and granted NSLDN’s request for a fee waiver. NSLDN submitted a second FOIA request for records concerning letters of credit posted by any schools owned or operated by Dream Center Foundation or Dream Center Educational Holdings. The agency acknowledged receipt of that request as well. However, after hearing nothing further from the agency pertaining to either request, NSLDN filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. FASSETT v. FEDERAL BUREAU OF INVESTIGATION (filed May 22, 2019)
    Camille Fassett submitted a FOIA request to the FBI for records concerning hacker Adrian Lamo. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Fassett filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Catholic Legal Immigration Network, Inc. v. United States Citizenship and Immigration Services (filed May 22, 2019)
    The Catholic Legal Immigration Network submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the agency’s interpretation of the statutory reunification requirement for Special Immigrant Juvenile Status. CLIMN also requested a fee waiver. The agency acknowledged receipt of the request and informed CLIMN that it was placing it in the complex track for processing. After hearing nothing further from the agency, CLIMN filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. Lambda Legal Defense and Education Fund, Inc. v. United States Department of Health And Human Services (filed May 22, 2019)
    Lambda Legal Defense and Education Fund submitted FOIA requests to the Department of Health and Human Services for records concerning whether to enforce a regulation prohibiting Medicare or Medicaid from discriminating against individuals based on sexual preferences. The agency acknowledged receipt of the request and told LLDEF that it had no records responsive to one item of its request. LLDEF filed an administrative appeal of that decision. LLDEF submitted a second FOIA request to HHS for records of communications between the agency and individuals listed in the request. The agency acknowledged receipt of the request. LLDEF submitted a third FOIA request to HHS for communications sent to political appointees at the agency pertaining to enforcing the regulation. The agency acknowledged receipt of that request. After hearing nothing further from the agency pertaining to any of its requests. LLDEF filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees
13. New York Times Company et al v. U.S. Food and Drug Administration (filed May 22, 2019)
    New York Times reporter Sheila Kaplan submitted two FOIA requests to the FDA for records concerning Juul Labs. The agency acknowledged receipt of the requests. The agency told Kaplan that her first request would require pre-disclosure notification to obtain the company’s confidentiality claims. In response to Kaplan’s second FOIA request, the agency withheld the records under Exemption 7(A) (interference with ongoing investigation or proceeding). Kaplan filed an administrative appeal of the agency’s decision. After hearing nothing further from the agency pertaining to either request, Kaplan and the New York Times Company filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. FLOOR64, INC. et al v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (filed May 23, 2019)
    Michael Masnick, the president of Floor64, Inc. and operator of the website Techdirt, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning an agency press release announcing the seizure of a million websites as part of a global operation. Masnick specifically asked for a list of the domain names seized, court filings related to the seizures, and communications with industry representatives mentioned in the press release. Masnick also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied the request, citing Exemption 1 (national security) and Exemption 7 (law enforcement records). Masnick filed an administrative appeal. ICE granted Masnick’s appeal and remanded the request for further processing. However, after hearing nothing further from the agency, Masnick filed suit.
    Issues: Litigation – Attorney’s fees
15. HUMAN RIGHTS DEFENSE CENTER v. PARK POLICE (filed May 23, 2019)
    The Human Rights Defense Center submitted a FOIA request to the U.S. Park Police for records concerning all claims or lawsuits brought against the agency for more than $1,000. Human Rights Defense Center also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further form the agency, HRDC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. DEMOCRACY FORWARD FOUNDATION v. CONSUMER FINANCIAL PROTECTION BUREAU (filed May 23, 2019)
    Democracy Forward Foundation submitted a FOIA request to the Consumer Financial Protection Bureau for records concerning communications between agency officials and student loan organizations. DFF also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, DFF filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver

In addition, we have added 6 documents from 6 cases, with earlier filing dates, that have recently appeared on PACER.

1. levi & korsinsky, llp v. UNITED STATES SECURITIES AND EXCHANGE COMMISSION (filed May 15, 2019)
2. Evans et al v. Federal Energy Regulatory Commission (filed May 15, 2019)
3. WATTLETON V. U.S. DEPARTMENT OF JUSTICE (filed May 14, 2019)
4. WATTLETON V. BERRYHILL (filed May 14, 2019)
5. SNARR v. FEDERAL BUREAU OF PRISONS (filed May 14, 2019)
6. FLETE-GARCIA v. U.S. DEPARTMENT OF JUSTICE (filed May 13, 2019)