FOIA Activity: 136 new FOIA court documents, plus case descriptions

We have added 132 documents from 20 FOIA cases filed between June 23, 2019 and June 29, 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. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF THE INTERIOR et al (filed Jun 25, 2019)
   American Oversight submitted FOIA requests to the Department of the Interior and the Department of Agriculture for records concerning communications pertaining to the Bureau of Land Management’s decision to renew mining leases of Twin Metals Minnesota near the Boundary Waters Canoe Area Wilderness in Minnesota. The agencies acknowledged receipt of the requests. The Agriculture Department disclosed 23 pages as part of a partial response. However, 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
2. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Jun 26, 2019)
   American Oversight submitted FOIA requests to the Department of Homeland Security for records concerning training provided to agents for dealing with transgender, pregnant, or juvenile detainees. 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
3. CAUSE OF ACTION INSTITUTE v. EXPORT-IMPORT BANK OF THE UNITED STATES (filed Jun 26, 2019)
   Cause of Action Institute submitted two FOIA requests to the Export-Import Bank for records concerning communications between named officials at the agency and pertaining to specific keywords. Cause of Action Institute also requested a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Cause of Action Institute filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. CAUSE OF ACTION INSTITUTE v. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (filed Jun 27, 2019)
   Cause of Action Institute submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning an omnibus amendment proposed by the National Marine Fisheries Service that would require fishermen to pay for at-sea monitoring of Atlantic cod. Cause of Action Institute also requested a fee waiver and inclusion in the news media fee category. The agency acknowledged receipt of the request. The agency provided 28 pages as part of its first interim release and eight pages in its second interim disclosure. After hearing nothing further from the agency, Cause of Action Institute filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. MONTOYA LAW, P.A. v. FEDERAL BUREAU OF INVESTIGATION (filed Jun 27, 2019)
   The law firm of Montoya Law P.A. submitted a FOIA request to the FBI for records concerning the investigation and prosecution of Odebrecht S.A. and Branskem S.A. in the Eastern District of New York. The agency acknowledged receipt of the request. The agency denied the request entirely under Exemption 7(A) (interference with ongoing investigation or proceeding). Montoya Law filed an administrative appeal. The FBI denied the appeal. Montoya Law then filed suit.
   Issues: Litigation – Attorney’s fees
6. MONTOYA LAW, P.A. v. UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION (filed Jun 27, 2019)
   The law firm of Montoya Law P.A. submitted a FOIA request to the Criminal Division of the Department of Justice for records concerning the investigation and prosecution of Odebrecht S.A. and Branskem S.A. in the Eastern District of New York. The agency acknowledged receipt of the request. The agency denied the request entirely under Exemption 7(A) (interference with ongoing investigation or proceeding). Montoya Law filed an administrative appeal. The Criminal Division denied the appeal. Montoya Law then filed suit.
   Issues: Litigation – Attorney’s fees
7. COMMUNICATIONS WORKERS OF AMERICA v. U.S. DEPARTMENT OF LABOR (filed Jun 28, 2019)
   The Communications Workers of America submitted two FOIA requests to the Department of Labor for records concerning the creation of the customer service representative standard occupation series for the revision of the Service Contract Act Directory of Occupations. The agency acknowledged receipt of both requests. It denied one of the requests on the basis of Exemption 7(A) (interference with ongoing investigation or proceeding). CWA filed an administrative appeal of the denial. After hearing nothing further pertaining to either request, CWA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. FARMWORKER JUSTICE v. U.S. DEPARTMENT OF AGRICULTURE (filed Jun 28, 2019)
   Farmworker Justice submitted a FOIA request to the Department of Agriculture for records concerning the agency’s H-2A program and an interagency working group on the H2-A program including Agriculture and a number of other agencies. The agency acknowledged receipt of the request. Farmworker Justice prioritized the type of records it wanted from the agency. However, after hearing nothing further from the agency, Farmworker Justice filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF JUSTICE (filed Jun 28, 2019)
   American Oversight submitted a FOIA request to the Department of Justice for records concerning communications between Manual Miranda and political appointees in five named DOJ offices. The agency acknowledged receipt of the request, 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
10. CENTER FOR FOOD SAFETY v. DEPARTMENT OF AGRICULTURE (filed Jun 28, 2019)
    The Center for Food Safety submitted a FOIA request to the Department of Agriculture for records concerning the agency’s recently announced final rule titled “Child Nutrition Programs: Flexibilities in Milk, Whole Grains, and Sodium.” The agency acknowledged receipt of the request, but after hearing nothing further from the agency, CFS filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. MAGASSA v. FEDERAL BUREAU OF INVESTIGATION (filed Jun 28, 2019)
    Lassana Magassa submitted a FOIA request to the FBI for records concerning himself. The FBI acknowledged receipt of the request. The FBI disclosed 19 heavily redacted pages. Magassa filed an administrative appeal with the Office of Information Policy. OIP upheld the FBI’s initial decision. Magassa then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
12. MAGASSA v. TRANSPORTATION SECURITY ADMINISTRATION (filed Jun 28, 2019)
    Lassana Magassa submitted a FOIA request to the Transportation Security Administration for records concerning himself. The agency acknowledged receipt of the request and asked Magassa to resubmit and clarify his original request. Magassa did so. The agency disclosed 49 pages with redactions and withheld 182 pages entirely. Magassa filed an administrative appeal of the denial. The agency told Magassa that its response was its final decision. He then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
13. CENTER FOR FOOD SAFETY v. UNITED STATES FISH AND WILDLIFE SERVICE (filed Jun 28, 2019)
    The Center for Food Safety submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning the agency’s consultation regarding ArborGen’s genetically engineered Freeze Tolerant Eucalyptus petition. The agency acknowledged receipt of the request and placed it on the complex track for processing. The agency updated its contact information, but after hearing nothing further, CFS filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. CENTER FOR FOOD SAFETY v. ENVIRONMENTAL PROTECTION AGENCY (filed Jun 28, 2019)
    The Center for Food Safety submitted a FOIA request to the EPA for records concerning the status of the organization’s two pesticide petitions. The agency acknowledged receipt of the request. After hearing nothing further from the agency, CFS filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. Immerso v. United States Department of Labor (filed Jun 28, 2019)
    Sandra Immerso submitted a FOIA request to the Department of Labor for records concerning two emails from DynCorp International employees Darin Powers and Robert Huber pertaining a Defense Base Act complaint. The agency acknowledged receipt of the requests and denied them under Exemption 4 (confidential business information). Immerso argued that a DOL attorney had provided evidence that the emails did not qualify for coverage under the attorney-client privilege. She filed an administrative appeal of the two denials but after hearing nothing further from the agency, she filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. Adhikaar et al v. United States Department of Homeland Security et al (filed Jun 24, 2019)
    Adhikaar and the New York Immigration Coalition submitted FOIA requests to the Department of Homeland Security and the Department of State for records concerning the agency’s decision to terminate the temporary protective status for Nepalese nationals. Adhikaar and the New York Immigration Coalition also requested a fee waiver. The agencies acknowledged receipt of the requests. After the agencies failed to respond, Adhikaar and the New York Immigration Coalition filed administrative appeals pertaining to the agencies’ failure to respond. After hearing nothing further from any of the agencies, Adhikaar and the New Yortk Immigration Coalition filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. Samuel v. Federal Bureau of Investigation (filed Jun 24, 2019)
    Robert Samuel submitted a FOIA request to the FBI for records concerning the investigation of two complaints he submitted. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Samuel filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
18. Samuel v. U.S. Department of State (filed Jun 24, 2019)
    Robert Samuel submitted a FOIA request to the Department of State for records concerning the electromagnetic pulses known as the Cuba Condition that had caused hearing loss problems for State Department employees stationed at the U.S. Embassy in Havana. The agency acknowledged receipt of the request and asked Samuel to modify his request. He did so, but after hearing nothing further from the agency, he filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
19. LATHAM & WATKINS LLP v. U.S. FOOD AND DRUG ADMINISTRATION (filed Jun 25, 2019)
    The law firm of Latham Watkins submitted two FOIA requests to the FDA. The first request asked for records concerning any new drug application containing amifampridine. The second FOIA request asked for records concerning any new drug applications for amifampridine submitted by Jacobus Pharmaceutical or Catalyst Pharmaceutical. The agency acknowledged receipt of the requests. Latham Watkins told the agency that it was aware that some responsive records pertaining to Jacobus and Catalyst applications were available on the agency’s website and would be considered responsive to its request. However, after hearing nothing further from the agency, Latham Watkins filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
20. Talley v. U.S. Department of Labor (filed Jun 25, 2019)
    Ferissa Talley submitted two FOIA requests to the Department of Labor for records concerning emails from DynCorp International employees Darin Powers and Robert Huber pertaining to a Defense Base Act complaint. The agency acknowledged receipt of the requests and withheld the emails under Exemption 4 (confidential business information). Talley filed an administrative appeal of the denial, but after hearing nothing further from the agency, she filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 4 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• CARDONA v. DEPARTMENT OF JUSTICE et al (filed Jun 17, 2019)
• MORROW v. USA (filed Jun 17, 2019)