Pro Publica, Inc. v. Internal Revenue Service and 21 other new FOIA lawsuits, plus case descriptions

We have added 122 documents from 18 FOIA cases filed between August 4, 2019 and August 10, 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. Pro Publica, Inc. v. Internal Revenue Service (filed Aug 9, 2019)
   ProPublica submitted a FOIA request to the IRS for records concerning communications sent to or from three IRS officials and two members of the Free File Alliance, an industry group that was representing the interests of Intuit in developing and maintaining free tax-filing software. The agency acknowledged receipt of the request. The agency released 16 pages but withheld 107 pages entirely, primarily claiming Exemption 5 (privileges). ProPublica filed an administrative appeal of the agency’s denial. The agency denied the appeal on the basis that the records contained projections and recommendations. ProPublica then filed suit.
   Issues: Litigation – Attorney’s fees
2. The Center for Investigative Reporting v. Federal Bureau of Investigation (filed Aug 5, 2019)
   Jonathan Jones, a reporter for the Center for Investigative Reporting, submitted a FOIA request to the FBI for records concerning the murders of two American teachers in 2002 during an attack near Tembagapura in Papua, Indonesia. Jones also requested a fee waiver. The agency acknowledged receipt of the request and after asking Jones to provide proof of death for the two teachers, eventually denied his request under Exemption 7(A) (interference with ongoing investigation or proceeding). Jones filed an administrative appeal with the Office of Information Policy. OIP upheld the FBI’s denial. Jones and CIR then filed suit.
   Issues: Litigation – Attorney’s fees
3. Americans for Immigrant Justice, Inc. v. United States Department of Homeland Security et al (filed Aug 5, 2019)
   Americans for Immigrant Justice submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning policies dealing with minors who turn 18 while in ICE custody. AI Justice also requested a fee waiver. The agency acknowledged receipt of the request and took a 10-day extension in which to respond. The agency also denied AI Justice’s request for a fee waiver. AI Justice filed an administrative appeal of the delay and the denial of a fee waiver. The agency responded to AI Justice’s appeal by indicating that it would not be able to process the request on time. AI Justice then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees, Public Interest Fee Waiver
4. Animal Legal Defense Fund v. Animal and Plant Health Inspection Service (filed Aug 6, 2019)
   The Animal Legal Defense Fund submitted a FOIA request to the Animal and Plant Health Inspection Service for records concerning Farmers’ Inn, a wildlife zoo operated by Kimberly Lucas. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ADLF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (filed Aug 6, 2019)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Commerce for records concerning communications between Secretary Wilbur Ross and Thomas Barrack, chair of the Trump inauguration committee, or White House advisor Eric Branstad. CREW also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Telematch, Inc. (filed Aug 6, 2019)
   Telematch, a company that analyzes agricultural data, submitted seven FOIA requests to the Department of Agriculture for records concerning various agricultural data elements. The agency acknowledged receipt of the requests but withheld data under Exemption 3 (other statutes) and Exemption 6 (invasion of privacy). Telematch filed administrative appeals for all seven requests but after hearing nothing further from the agency, Telematch filed suit.
   Issues: Exemption 3 – Statutory prohibition of disclosure, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Brown v. United States Department of Health and Human Services (filed Aug 6, 2019)
   Nathaniel Brown, an attorney, submitted a FOIA request to the Department of Health and Human Services for records concerning specific file numbers contained in the NPI/NPPES database. The agency acknowledged receipt of the request and told Brown it was processing his request. However, after hearing nothing further from the agency, Brown filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. CARROLL v. UNITED STATES DEPARTMENT OF JUSTICE (filed Aug 6, 2019)
   Wesley Carroll, a state prisoner, submitted FOIA requests to the Department of Justice. He appealed the denial of his request but after the agency failed to provide the records, Carroll filed suit.
   Issues: Exemption 7 – Law enforcement records
9. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT et al (filed Aug 7, 2019)
   American Oversight submitted FOIA requests to the Department of Housing and Urban Development and the Federal Housing Finance Agency for records concerning communications that senior officials at both agencies had with Thomas Barrack, Richard LeFrak, and Steven Roth, or representative of their companies. The agencies acknowledged receipt of the requests, but 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, Litigation – Vaughn index
10. Foerschler v. Michigan Army National Guard et al (filed Aug 7, 2019)
    Dale Foerschler submitted a FOIA request under the Michigan FOIA to the Michigan Army National Guard for records concerning communications to or from Jeffrey Laing, in regard to Foreschler, Great Lakes Air Ventures, and Todd Cotter. The agency acknowledged receipt of the request and told Foerschler that he would need to file a federal FOIA request because Laing was a federal employee. The Department of the Air Force acknowledged receipt of Foerschler’s request and told him that it would cost $410 to process the request. After hearing nothing further from the agency, Foerschler filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Aug 8, 2019)
    American Oversight submitted two FOIA requests to the Department of Homeland Security for records concerning calendars and email communications for Katharine Gorka. The agency acknowledged receipt of the request for Gorka’s emails but did not acknowledge receipt of the request for Gorka’s calendar entries. After hearing nothing further from the agency pertaining to either request, American Oversight filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. MUSLIM ADVOCATES v. UNITED STATES CUSTOMS AND BORDER PROTECTION (filed Aug 8, 2019)
    Muslim Advocates submitted a FOIA request to U.S. Customs and Border Protection for records concerning the processing and revocation of Trusted Traveler credentials. Muslim Advocates also requested expedited processing. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Muslim Advocates filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
13. REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS et al v. UNITED STATES CUSTOMS AND BORDER PROTECTION (filed Aug 8, 2019)
    The Reporters Committee for Freedom of the Press and the Committee to Protect Journalists submitted a FOIA request to U.S. Customs and Border Protection for records concerning a report in the New York Times that CBP agent Jeffrey Rambo, who was working at the agency’s office in Sterling, Virginia, contacted POLITICO reporter Ali Watkins to ask her to reveal her sources for a story on the increase in Russian espionage in the U.S. The Reporters Committee also requested inclusion in the news media fee category. The agency acknowledged receipt of the request, but after hearing nothing from the agency, the Reporters Committee and the Committee to Protect Journalists filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Whittecar v. United States Department of Veterans Affairs et al (filed Aug 8, 2019)
    Howard Whittecar, a disabled Navy veteran, submitted a FOIA request through his attorney to the Department of Veterans Affairs for records concerning his VA file. The agency acknowledged receipt of the request but claimed that providing the records to Whittecar’s attorney would be an invasion of privacy. Whittecar’s attorney filed an administrative appeal. The agency upheld its initial decision to deny the records. Whittecar then filed suit.
    Issues: Litigation – Attorney’s fees
15. RESTORE PUBLIC TRUST v. U.S. FOOD AND DRUG ADMINISTRATION et al (filed Aug 9, 2019)
    Restore Public Trust submitted four FOIA requests to the FDA for records concerning acting commissioner Norman Sharpless and GI Therapeutics, the company he created. The agency acknowledged receipt of the requests and referred the fourth request to the Department of Health and Human Services for processing. After hearing noting further from the agency, Restore Public Trust filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
16. DEMOCRACY FORWARD FOUNDATION v. CENTERS FOR MEDICARE & MEDICAID SERVICES (filed Aug 9, 2019)
    Democracy Forward Foundation submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning the agency’s decisionmaking on Affordable Care Act enrollment outreach. DFF also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, DFF filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
17. Make the Road New York et al (filed Aug 9, 2019)
    Make the Road New York submitted FOIA requests to the Department of Homeland Security, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services for records concerning communications pertaining to the rulemaking process for the agency’s public charge policy. MTR also requested expedited processing and a fee waiver. MTR and the Center for Constitutional Rights also submitted a FOIA request to the Executive Office of Immigration Review at the Department of Justice for records concerning communications between that agency and OMB or others in the White House pertaining to the public charge rulemaking process. MTR and CCR also requested expedited processing and a fee waiver. EOIR acknowledged receipt of the request and told the requesters it did not have custody of any responsive records. MTR and CCR filed an administrative appeal of the no records response. EOIR acknowledged receipt of the appeal. After hearing nothing further from any of the agencies, MTR and CCR filed suit.
    Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
18. Schulof v. Department of Health and Human Services (filed Aug 9, 2019)
    Daniel Schulof, a reporter covering the pet food industry, submitted a FOIA request to the FDA for records concerning an investigation of the percentage of grain in pet foods. The investigation was being conducted by three research veterinarians at public universities who Schulof worked for companies that controlled most of the pet food industry. The agency acknowledged receipt of the request but denied it entirely under Exemption 7(A) (interference with ongoing investigation or proceeding). Schulof filed an administrative appeal of the denial but after hearing nothing further from the agency, Schulof filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs

In addition, we have added 15 documents from 4 cases, with earlier filing dates, that have recently appeared on PACER.

1. Carroll v. United States Department of Justice (filed Jul 31, 2019)
2. CASE NUMBER NOT USED (filed Jul 31, 2019)
3. BROWN v. EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS (filed Jul 29, 2019)
4. BRITT v. TRUMP et al (filed Jul 29, 2019)