ENVIRONMENTAL DEFENSE FUND v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and 16 other new FOIA lawsuits

We have added 61 documents from 9 FOIA cases filed between July 21, 2019 and July 27, 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. ENVIRONMENTAL DEFENSE FUND v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Jul 25, 2019)
   The Environmental Defense Fund submitted a FOIA request to the EPA for records concerning a red team/blue team exercise planned by then administrator Scott Pruitt to reevaluate climate change science. The agency acknowledged receipt of the request and referred EPA to 1,217 pages of records that had been made available by the agency in response to FOIA requests. The agency subsequently told EDF that the 1,217 pages constituted its final response and that some records were withheld under Exemption 5 (privileges). EDF filed an administrative appeal, arguing that communications with outside scientists did not constitute inter- or -intra-agency records for purposes of Exemption 5 coverage. EDF and the agency exchanged a number of emails pertaining to the appeal but after hearing nothing further from the agency, EDF filed suit.
   Issues: Exemption 5 – Privileges, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE et al (filed Jul 23, 2019)
   American Oversight submitted FOIA requests to the Department of State and the CIA for records concerning emails sent to or from Mike Pompeo as Secretary of State or as the former director of the CIA. American Oversight also submitted two requests to the Department of State and the CIA for records concerning communications between Pompeo or his staff and Senator Tom Cotton (R-AR) or Marco Rubio (R-FL). American Oversight submitted another FOIA request to the Department of State for records concerning email chains sent to or from Pompeo from non-government email accounts. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. WILD HORSE FREEDOM FEDERATION v. BUREAU OF LAND MANAGEMENT (filed Jul 23, 2019)
   The Wildhorse Freedom Foundation submitted FOIA requests to the Bureau of Land Management concerning emails, email attachments, and faxes sent to Holle Waddell, the Off-Range Branch Chief for BLM’s Wild Horse & Burro Program for August 2018. The agency acknowledged receipt of the request and told WFF several times that it was processing the requests. After hearing nothing further the agency, WFF filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. WYOMING OUTDOOR COUNCIL v. U.S. BUREAU OF LAND MANAGEMENT (filed Jul 23, 2019)
   The Wyoming Outdoor Council submitted a FOIA request to the Bureau of Land Management for records concerning the impact of oil and gas leasing on the Chain Lake area. The agency acknowledged receipt of the request and told WOC that it had located 13,631 potentially responsive records. However, after hearing nothing further from the agency, WOC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Osen LLC v. United States Central Command (filed Jul 23, 2019)
   The law firm Osen LLC, representing victims of international terrorism, submitted FOIA requests to U.S. Central Command for records concerning the existence and use of weapons and explosives as part of terrorist attacks in the Middle East. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Osen LLC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. SOUTHERN UTAH WILDERNESS ALLIANCE v. UNITED STATES DEPARTMENT OF INTERIOR (filed Jul 24, 2019)
   The Southern Utah Wilderness Alliance submitted three FOIA requests to the Bureau of Land Managment for records related to the R.S. 2477 litigation in which Utah and counties are claiming ownership of various “highways” throughout the state. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of its requests, SUWA filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. WILD HORSE FREEDOM FEDERATION v. BUREAU OF LAND MANAGEMENT (filed Jul 24, 2019)
   The Wildhorse Freedom Foundation submitted a FOIA request to the Bureau of Land Management for emails, email attachments, and faxes sent to and from James Cason, Associate Deputy Secretary of the Department of the Interior from August 7 through August 15, 2018. The agency acknowledged receipt of the request. WFF sent a number of emails to the agency inquiring about the status of its request but after hearing nothing further from the agency, WFF filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Jul 25, 2019)
   American Oversight submitted a FOIA request to the Centers for Disease Control and Prevention for records concerning calendar entries and attachments for CDC Director Robert Redfield. The agency acknowledged receipt of the request and told American Oversight that its request was too broad to conduct a search. American Oversight responded that it believed the request was not too broad to conduct a search. American Oversight then filed an administrative appeal. The agency acknowledged receipt of the appeal 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
9. WILDEARTH GUARDIANS v. OFFICE OF THE SECRETARY OF THE INTERIOR et al (filed Jul 26, 2019)
   WildEarth Guardians submitted a FOIA request to the Department of the Interior for records concerning the agency’s recent revisions of its FOIA regulations. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, WildEarth Guardians filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index

In addition, we have added 14 documents from 8 cases, with earlier filing dates, that have recently appeared on PACER.

1. Western Resources Legal Center v. National Oceanic and Atmospheric Administration et al (filed Jul 19, 2019)
2. HARVEY v. TRUMP et al (filed Jul 18, 2019)
3. ABDULKADER v. TRUMP et al (filed Jul 18, 2019)
4. Gerber Legendary Blades Division, Fiskars Brands, Inc. v. U.S. AbilityOne Commission (filed Jul 18, 2019)
5. DENT v. U.S. DEPARTMENT OF JUSTICE et al (filed Jul 16, 2019)
6. Norris et al v. United States Army (filed Jul 16, 2019)
7. PATEL v. UNITED STATES DEPARTMENT OF JUSTICE (filed Jul 15, 2019)
8. Husch Blackwell LLP v. Washington Metropolitan Area Transit Authority (filed Jul 1, 2019)