FOIA Activity: 132 new FOIA court documents, plus case descriptions

We have added 126 documents from 18 FOIA cases filed between July 7, 2019 and July 13, 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. Fair Market Housing Coalition v. United States Department of the Interior (filed Jul 9, 2019)
   The Fair Market Housing Coalition submitted a FOIA request to the Department of the Interior for records concerning communications between former Secretary Ryan Zinke, current Secretary David Bernhardt, and DOI Inspector General Mary Kendall pertaining to a land deal in Whitefish, Montana. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Fair Market Housing Coalition filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. SIMMONS v. U.S. DEPARTMENT OF STATE (filed Jul 11, 2019)
   Samara Simmons submitted two FOIA requests to the Department of State for a list of specific records pertaining to her. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to either request, Simmons filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. GOVERNMENT ACCOUNTABILITY PROJECT v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jul 11, 2019)
   The Government Accountability Project submitted two FOIA requests to the Department of Health and Human Services for records concerning communications containing specific keywords. The agency acknowledged receipt of the requests and told GAP that it was processing the requests. After hearing nothing further from the agency, GAP filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. ERICSSON v. U.S. DEPARTMENT OF STATE (filed Jul 12, 2019)
   Suzanne Ericsson submitted a FOIA request to the Department of State for records concerning her. The agency acknowledged receipt of the request. The agency told Ericsson that it had located 376 pages responsive to her request. However, the agency disclosed only 18 documents in full and six documents in part, claiming Exemption 3 (other statutes). Ericsson filed an administrative appeal of the agency’s denial. After hearing nothing further from the agency, Ericsson filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. DEPARTMENT OF THE INTERIOR (filed Jul 12, 2019)
   Public Employees for Environmental Responsibility submitted two FOIA requests to the Department of the Interior for records concerning whether two acting heads of agency components had taken actions under various statutes that were statutorily delegated to a confirmed director and not an acting director. The agency acknowledged receipt of the requests and told PEER that it could not respond within 20 days. After hearing nothing further from the agency pertaining to either request, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. EDDINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Jul 12, 2019)
   Patrick Eddington, a researcher at the Cato Institute, submitted a FOIA request to the Department of Justice for records concerning the USA Freedom Act. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Eddington filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Crespo v. F.B.I. (filed Jul 11, 2019)
   Alvaro de Jesus Crespo submitted a FOIA request to the FBI’s Miami Field Office for records concerning himself. After the agency failed to respond, Crespo filed suit.
   Issues: Failure to respond within statutory time limit
8. Ciuffetelli v. Farm Credit East, ACA et. al. (filed Jul 12, 2019)
   Ralph Ciuffetelli requested records concerning a land appraisal from Farm Credit East. This is not a FOIA case.
   Issues: FOIA not mentioned
9. Savoca v. United States Department of Justice, et al. (filed Jul 8, 2019)
   Thomas Savoca, who had been indicted for bank robbery, requested records from the Department of Justice concerning his case. After the agency failed to provide records, Savoca filed suit.
   Issues: Failure to respond within statutory time limit
10. Northwest Environmental Advocates v. US Environmental Protection Agency (filed Jul 8, 2019)
    Northwest Environmental Advocates submitted FOIA requests to the EPA for records concerning actions by the agency and the Washington Department of Ecology pertaining to nutrient pollution in Puget Sound. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Northwest Environmental Advocates filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. CENTER FOR IMMIGRATION STUDIES v. US IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Jul 8, 2019)
    The Center for Immigration Studies submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning intake and removal data. The agency acknowledged receipt of the request and asked CIS to narrow the scope of its request. CIS declined to do so, contending that the request was sufficiently clear to allow a search. After hearing nothing further from the agency, CIS filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. SOLOMON v. DEPARTMENT OF STATE (filed Jul 8, 2019)
    John Solomon, an investigative reporter, submitted two FOIA requests to the Department of State. In his first FOIA request, Solomon asked for records concerning contacts between representatives of Blue Star Strategies and the agency pertaining to the U.S. Embassy in Kiev. In his second FOIA request, Solomon asked for records concerning contacts between U.S. businessmen Hunter Biden and Devon Archer and the agency pertaining to the U.S. Embassy in Kiev. Solomon requested expedited processing and a fee waiver for both requests. The agency acknowledged receipt of the requests and denied Solomon’s request for expedited processing for both requests but granted Solomon’s request for a fee waiver for both requests. However, after hearing nothing further from the agency pertaining to either request, Solomon filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
13. U.S. RIGHT TO KNOW v. UNITED STATES DEPARTMENT OF STATE (filed Jul 8, 2019)
    U.S. Right to Know submitted two FOIA requests to the Department of State for records to or from agency employees in Europe containing the word “glyphosate.” U.S. Right to Know also requested a fee waiver. The agency acknowledged receipt of both requests, but after hearing nothing further from the agency pertaining to either request, U.S. Right to Know filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. TOBIAS v. UNITED STATES DEPARTMENT OF INTERIOR, OFFICE OF THE SECRETARY (filed Jul 8, 2019)
    Jimmy Tobias, an independent reporter, submitted FOIA requests to the Department of the Interior for records concerning communications sent to or from Bureau of Land Management official Kathleen Benedetto pertaining to various protected federal lands. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency pertaining to any of the requests, Tobias filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. Fidell v. Army (filed Jul 9, 2019)
    Eugene Fidell, an attorney, submitted a FOIA request to the Department of the Army for records concerning the agency’s determination pertaining to his client. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Fidell filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. CENTER FOR IMMIGRATION STUDIES v. US CUSTOMS AND BORDER PROTECTION (filed Jul 10, 2019)
    The Center for Immigration Studies submitted a FOIA request to U.S. Customs and Border Protection for records containing an array of data points for various agency offices. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CIS filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
17. Southeastern Legal Foundation, Inc. v. Office of the Director of National Intelligence (filed Jul 10, 2019)
    Southeastern Legal Foundation submitted a FOIA request to the Office of the Director of National Intelligence for records concerning communications between former CIA director John Brennan and former FBI director James Comey pertaining to the Steele dossier and related issues. SLF also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, SLF filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
18. Leasure v. United States Department of Energy et al (filed Jul 11, 2019)
    Jason Leasure, an attorney, submitted two FOIA requests to the Department of Energy for records concerning air sampling data maintained or used by the agency ten miles from the perimeter of the Portsmouth Gaseous Diffusion Plant in Piketon, Ohio. After hearing nothing from the agency, Leasure filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 6 documents from 4 cases, with earlier filing dates, that have recently appeared on PACER.

1. CASE NUMBER NOT USED (filed Jul 2, 2019)
2. SNOWDEN v. TRUMP et al (filed Jul 1, 2019)
3. NAHOLI v. TRUMP et al (filed Jul 1, 2019)
4. LEWIS v. BARR et al (filed Jul 1, 2019)