FOIA Activity: 104 new FOIA court documents, plus case descriptions

We have added 102 documents from 17 FOIA cases filed between July 14, 2019 and July 20, 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. REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS v. UNITED STATES DEPARTMENT OF STATE (filed Jul 17, 2019)
   The Reporters Committee for Freedom of the Press submitted a FOIA request to the Department of State for records concerning a meeting on international religious freedom in which Secretary Mike Pompeo participated. The Reporters Committee also asked for inclusion in the news media fee category. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Reporters Committee filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. WESTERN VALUES PROJECT v. UNITED STATES DEPARTMENT OF THE INTERIOR (filed Jul 18, 2019)
   Western Values Project submitted three FOIA requests to the Department of the Interior for records concerning correspondence. All of its requests were subject to the Awareness policy allowing agency officials to review responses to FOIA requests before release. Western Values Project also requested a fee waiver for its requests. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Western Values Project filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. BUZZFEED INC. v. U.S. DEPARTMENT OF STATE (filed Jul 18, 2019)
   Buzzfeed submitted a FOIA request to the Department of State for records concerning communications with the U.S. Embassy in London pertaining to Alexander Perepilcheny, a Russian national who had died in 2012. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Buzzfeed filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. FREEDOM WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Jul 18, 2019)
   Freedom Watch submitted a FOIA request in 2011 to the Department of Defense for records concerning UFOs. The agency did not respond to Freedom Watch’s request until March 2019, releasing records that Freedom Watch deemed largely non-responsive to its request. Freedom Watch filed an administrative appeal. The agency acknowledged receipt of the appeal and told Freedom Watch that there were already 1600 appeals in front of theirs. Freedom Watch then filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. REED SMITH LLP v. FOOD AND DRUG ADMINISTRATION (filed Jul 19, 2019)
   The law firm of Reed Smith LLP submitted a FOIA request to the FDA for records concerning the agency’s investigation of pacemaker implantations at Scripps Memorial Hospital in La Jolla, CA. The agency acknowledged receipt of the request and told Reed Smith that it did not find any responsive records in its Los Angeles district field office but was still searching the Center for Medical Devices. After hearing nothing further from the agency, Reed Smith filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Center for Biological Diversity v. U.S. Fish and Wildlife Service (filed Jul 15, 2019)
   The Center for Biological Diversity submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning the agency’s decision not to include the Florida Keys Mole Skunk on the endangered species list. The agency acknowledged receipt of the request and subsequently acknowledged CBD’s request for an estimated completion date. 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, Litigation – Vaughn index
7. Western Watersheds Project v. Bureau of Land Management (filed Jul 19, 2019)
   The Western Watersheds Project submitted a FOIA request to the Bureau of Land Management for records concerning the January 2019 decision of Secretary Ryan Zinke to reissue the grazing permit for Hammond Ranches. WWP also requested a fee waiver. The agency acknowledged receipt of the request and told WWP that it was being placed in the “others” category for fee purposes and that its request was being put in the complex track for processing. WWP made several inquiries to check on the status of its request, but after hearing nothing further from the agency, WWP filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Stahl v. Department of Justice et al (filed Jul 17, 2019)
   Journalist Aviva Stahl submitted a FOIA request to the Bureau of Prisons for records concerning the medical treatment of Mohammad Salameh as a result of his prison hunger strike. Stahl submitted a second request for records concerning videos taken of Salameh’s forced feeding. Stahl provided an authorization from Salameh giving her permission to access his records. Stahl also requested expedited processing, a fee waiver, and inclusion in the news media fee category. The agency acknowledged receipt of the requests. After a number of inquiries from Stahl, the agency ultimately disclosed 1567 records in full and 37 pages with redactions. The agency withheld records under Exemption 7(E) (investigative methods and techniques) and Exemption 7(F) (harm to any person). Stahl filed an administrative appeal, which was denied. She then filed suit.
   Issues: Litigation – Attorney’s fees
9. American Immigration Council et al v. Executive Office For Immigration Review et al (filed Jul 17, 2019)
   The American Immigration Council, the American Immigration Lawyers Association and the Immigrant Defense Project submitted a FOIA request to the Executive Office for Immigration Review for records concerning a list of federal, state, and local facilities that participate in the Institutional Hearing Program. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the American Immigration Council, the American Immigration Lawyers Association, and the Immigrant Defense Project filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. New York Immigration Coalition et al v. U.S. Citizenship and Immigration Services (filed Jul 18, 2019)
    The New York Immigration Coalition and Immigrant Justice Corps submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning processing and adjudication of Application for Employment Authorization Documents. The agency acknowledged receipt of the request. After hearing nothing from the agency, the New York Immigration Coalition and Immigrant Justice Corps filed an administrative appeal of the agency’s failure to respond. After hearing nothing further, the NYIC and IJC filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Keefe v. U.S. Food & Drug Administration (filed Jul 19, 2019)
    Investigative journalist Patrick Keefe submitted a FOIA request to the FDA for records concerning the approval process for OxyContin. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Keefe filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Munger v. Social Security Administration (filed Jul 15, 2019)
    Matthew Munger’s attorney submitted a FOIA request to the Social Security Administration for records concerning an accident at a Social Security Administration office in which Munger slipped and fell and was paralyzed as a result. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Munger’s attorney filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Jul 16, 2019)
    Citizens United submitted two FOIA requests to the Department of State for records concerning communications from a number of listed officials pertaining to various topics. The agency acknowledged receipt of the requests, but 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
14. Southeastern Legal Foundation, Inc. v. United States Department of Justice (filed Jul 16, 2019)
    The Southeastern Legal Foundation submitted a FOIA request to the Department of Justice for records concerning whether any attorney was disciplined for requesting the FISA warrant to surveil Carter Page. 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
15. National Public Radio, Inc. et al v. Federal Bureau of Investigation et al (filed Jul 17, 2019)
    National Public Radio reporter Eric Westervelt submitted a FOIA request to the FBI for records concerning the investigation of the 1965 attack on Rev. James Reeb of Boston, and Clark Olsen of Berkeley in Selma that resulted in Reeb’s death. Westervelt also requested a fee waiver. The FBI acknowledged receipt of the request and told Westervelt it would disclose 145 pages of previously released records. Westervelt filed an administrative appeal, arguing that there were more responsive records. Graham Smith, a producer at NPR, also submitted a FOIA request to the National Archives and Records Administration for records pertaining to Selma. The agency acknowledged receipt of the request and told Smith it had located responsive records. However, after hearing nothing further from either agency, NPR filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF EDUCATION (filed Jul 17, 2019)
    American Oversight submitted a FOIA request to the Department of Education for records concerning emails sent to or from Secretary Betsy DeVos and/or her staff from non-government accounts. The agency acknowledged receipt of the request and told American Oversight that it would be unable to respond within the 20-day statutory deadline. American Oversight then filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
17. DEMOCRACY FORWARD FOUNDATION v. CENTERS FOR MEDICARE AND MEDICAID SERVICES et al (filed Jul 18, 2019)
    Democracy Forward Foundation submitted FOIA requests to OMB and the Centers for Medicare and Medicaid Services for records concerning communications between agency officials pertaining to Novartis and related entities and individuals. DFF also requested a fee waiver from both agencies. Both agencies acknowledged receipt of the requests. OMB asked DFF to narrow its request. DFF responded by making some suggestions but heard nothing further from the agency. CMS asked DFF to provide more information, which DFF did. After hearing nothing further from either agency, DFF filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index

In addition, we have added 2 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• CERRUTI v. TRUMP et al (filed Jul 8, 2019)