FOIA Activity: 111 new FOIA court documents, plus case descriptions

We have added 104 documents from 13 FOIA cases filed between June 16, 2019 and June 22, 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. Nightingale et al v. U.S. Citizenship and Immigration Services et al (filed Jun 19, 2019)
   Immigration attorneys Zachary Nightingale, Courtney McDermed, and Cheryl David submitted FOIA requests to U.S. Citizenship and Immigration Services for alien files on behalf of their clients. Non-citizens Pao Lopa and Maribel Carandano submitted FOIA requests for their alien files. After the agency failed to respond, the requesters filed a class action suit against U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and the Department of Homeland Security for the agencies’ routine failure to provide alien files within the statutory time limit for responding.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Jurisdiction – Injunction
2. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed Jun 17, 2019)
   The Center for Biological Diversity submitted a FOIA request to the EPA for records generated in connection with the agency’s October 22, 2018 memorandum, “Changes in EPA Environmental Rating Process.” CBD also requested a fee waiver. The agency acknowledged receipt of the request and granted CBD’s request for a fee waiver. However, after hearing nothing further from the agency, CBD filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF TRANSPORTATION (filed Jun 17, 2019)
   American Oversight submitted three FOIA requests to the Department of Transportation for records concerning calendars and calendar entries for Secretary Elaine Chao and other senior officials. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. 100REPORTERS et al v. U.S. DEPARTMENT OF STATE (filed Jun 17, 2019)
   1000Reporters submitted two FOIA requests to the Department of State for records concerning the agency’s vetting of foreign and military security personnel under the Leahy Law. 1000Reporters also requested a fee waiver. The agency acknowledged receipt of the requests. The agency granted 1000Reporters’ request for a fee waiver pertaining to its first request, but after the agency failed to respond, 1000Reporters filed an administrative appeal, which was denied. The agency asked 1000Reporters to narrow the scope of its second request, which it did. However, after hearing nothing further from the agency pertaining to either request, 1000Reporters filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
5. WILDERNESS SOCIETY v. U.S. DEPARTMENT OF THE INTERIOR et al (filed Jun 20, 2019)
   The Wilderness Society submitted FOIA requests to the Department of the Interior and the Department of Agriculture for records concerning the proposed mineral withdrawal of 224,000 acres of Superior National Forest in the Rainey River watershed. After several attempts to check on the status of its requests, the Bureau of Land Management provided an interim response of 249 pages. In response to its request to the Department of Agriculture, the Wilderness Society received an interim response from the Forest Service containing 47 pages with redactions under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). After hearing nothing further from either agency, the Wilderness Society filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. MOELLER v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (filed Jun 21, 2019)
   James Moeller submitted a FOIA request to the Equal Employment Opportunity Commission for records concerning an age discrimination complaint filed with the agency by Ralph Devito against Infosys in or about 2009. The agency acknowledged receipt of the request and denied the request under Exemption 7(C) (invasion of privacy concerning law enforcement records). Moeller filed an administrative appeal of the denial. The agency upheld its original decision on appeal. Moeller then filed suit.
   Issues: Litigation – Attorney’s fees
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF THE TREASURY (filed Jun 21, 2019)
   Judicial Watch submitted a FOIA request to the Department of the Treasury for records concerning a June 4, 2018 meeting between Wynn Resorts CEO Steve Wynn and Treasury officials pertaining to opportunity zone tax incentives. 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
8. Ader v. Federal Bureau of Investigation et al (filed Jun 17, 2019)
   Jake Ader submitted a FOIA request to the FBI for records concerning the 2018 death of Chicago police officer Jon Burge, who was allegedly responsible for abuse of suspects and was ultimately convicted of obstruction of justice and perjury. The FBI acknowledged receipt of the request and told Ader that it had located 5,062 potentially responsive pages and that the cost for his request would be $160. Ader sent a check to the FBI for $160. The FBI notified Ader that the records would be made available in its electronic reading room and that he would be notified when they were available. However, after hearing nothing further from the agency, Ader filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. The New York Times Company et al v. Department of Defense (filed Jun 20, 2019)
   New York Times reporter Carol Rosenberg submitted a FOIA request to the Department of Defense for records concerning the command investigation report on Rear Admiral John Ring, who had been fired as commander of the prison at Guantanamo Bay. Rosenberg also requested expedited processing. The agency acknowledged receipt of the request and denied Rosenberg’s request for expedited processing. After hearing nothing further from the agency, the New York Times and Rosenberg filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. WESTERN VALUES PROJECT v. U.S. DEPARTMENT OF THE INTERIOR et al (filed Jun 17, 2019)
    Western Values Project submitted six FOIA requests to the Department of Interior, and two components – the Bureau of Land Management and U.S. Fish and Wildlife Service – for records concerning changes in policies pertaining to the sage grouse. The agency acknowledged receipt of the requests and told Western Values Project that some of the requests were put on the complex track for processing. After hearing nothing further from the agency, Western Values Project filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. The New York Times Company et al v. Food and Drug Administration (filed Jun 17, 2019)
    New York Times reporters Danielle Ivory and Natasha Singer submitted a FOIA request to the FDA for records concerning the agency’s Digital Health Software Precertification Program. Ivory and Singer also requested expedited processing. The agency acknowledged receipt of the request and denied Ivory and Singer’s request for expedited processing. Ivory and Singer contacted FDA several times in attempts to expedite the request, but after hearing nothing further from the agency, Ivory, Singer, and the New York Times filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Jun 18, 2019)
    American Oversight submitted three FOIA requests to the Department of Homeland Security, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection for records concerning communications to or from senior officials relating to detainees who died during their detention. American Oversight requested a fee waiver for at least two of the requests, which were granted. The agency acknowledged receipt of all three requests, but after hearing nothing further from the agency, American Oversight filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Jun 21, 2019)
    American Oversight submitted four FOIA requests to the Department of Homeland Security for records concerning individuals who died while in custody. American Oversight also requested a fee waiver. The agency acknowledged receipt of the requests and granted several of American Oversight’s fee waiver requests. However, after hearing nothing further from the agency, American Oversight filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index

In addition, we have added 7 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. PITTS v. U.S. DEPARTMENT OF JUSTICE et al (filed Jun 14, 2019)
2. The Legacy Foundation v. Department Of Defense (filed Jun 11, 2019)
3. MCSMITH v. U.S. DEPARTMENT OF JUSTICE (filed Jun 10, 2019)