American Oversight v. U.S. Department of Justice et al and 13 other new FOIA lawsuits, plus case descriptions

We have added 66 documents from 11 FOIA cases filed between September 1, 2019 and September 7, 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 Justice et al (filed Sep 4, 2019)
   American Oversight submitted FOIA requests to the Department of Justice and the FBI for records concerning the content of interviews conducted in relation to the agency’s investigation into alleged campaign finance violations by Michael Cohen. American Oversight also requested expedited processing. The agencies acknowledged receipt of the requests. The agency denied American Oversight’s request for expedited processing. After hearing nothing further from the agencies, American Oversight filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Mertes v. Internal Revenue Service (filed Sep 3, 2019)
   Billie Mertes submitted a FOIA request to the IRS for records concerning a copy of an allegedly fraudulent Form 709-Gift Tax Return for 2012 in which Mertes was assessed more than one million dollars in gift taxes. The agency told Mertes that requests for such tax information were processed through another administrative scheme and were not subject to FOIA. Mertes filed an administrative appeal which the agency denied. She then filed suit.
   Issues: Litigation – Attorney’s fees
3. DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF JUSTICE et al (filed Sep 3, 2019)
   Democracy Forward Foundation submitted FOIA requests to the Department of Justice, Department of Health and Human Services, Department of Education, and the Department of the Interior for records concerning the agencies’ undisclosed role in influencing media coverage. DFF also requested a fee waiver. The agencies’ acknowledged receipt of the requests. DOJ told DFF that its request was being put in the complex queue for processing. After hearing nothing further from any of the agencies pertaining to the requests, DFF filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
4. FEDERATION FOR AMERICAN IMMIGRATION REFORM v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Sep 4, 2019)
   Federation for American Immigration Reform submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning detainers placed on illegal aliens arrested on criminal charges from January 2018 to the present. FAIR also requested a fee waiver. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, FAIR filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
5. AMERICAN CENTER FOR LAW AND JUSTICE v. FEDERAL BUREAU OF INVESTIGATIONS (filed Sep 4, 2019)
   American Center for Law and Justice submitted a FOIA request to the FBI for records concerning former FBI director James Comey and communications with Anthony Ferrante, Jordan Rae Kelly, and/or Tashina Gauhar. ACLJ also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied ACLJ’s request for a fee waiver. After hearing nothing further from the agency, ACLJ filed suit, alleging the agency had a policy of failing to respond to FOIA requests on time.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. INSTITUTE FOR ENERGY RESEARCH v. UNITED STATES DEPARTMENT OF AGRICULTURE (filed Sep 4, 2019)
   The Institute for Energy Research submitted a FOIA request to the Department of Agriculture for records mentioning Deputy Secretary Stephen Censky and various keywords. The agency acknowledged receipt of the request but after hearing noting further from the agency, IER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. WATERLEGACY v. ENVIRONMENTAL PROTECTION AGENCY (filed Sep 4, 2019)
   WaterLegacy submitted a FOIA request to EPA Region 5 for records concerning an email sent from the Minnesota Pollution Control Agency Assistant Commissioner to EPA Region 5 Chief of Staff. The agency acknowledged receipt of the request but after hearing nothing further from the agency, WaterLegacy filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Gambino v. Inter Community Memorial Hospital (filed Sep 4, 2019)
   David Gambino, a federal prisoner, requested his medical records that were used in his prosecution. When he did not receive the records, he filed suit against Inter Community Memorial Hospital. This is not a FOIA case.
   Issues: FOIA not mentioned
9. The Center for Investigative Reporting v. United States Department of Labor (filed Sep 5, 2019)
   The Center for Investigative Reporting submitted three FOIA requests to the Department of Labor’s Occupational Safety and Health Administration. The first FOIA request asked for records concerning employee statements made during an OSHA investigation of an Amazon facility in Stoughton, MA. CIR also requested a fee waiver. The agency disclosed 132 pages, withholding portions of witness statements under Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(D) (confidential sources). CIR filed an administrative appeal of the denial. CIR’s second and third requests involved Form 300A records. In response to its second request, OSHA provided 12 pages with redactions under Exemption 7(D). In response to its third request, which asked for records specifically from Illinois, the agency assessed CIR a fee of $47 to process the request. CIR filed administrative appeals of both requests but after hearing nothing further from the agency, CIR filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
10. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. ENVIRONMENTAL PROTECTION AGENCY et al (filed Sep 5, 2019)
    The Center for Biological Diversity submitted FOIA requests to the EPA and the FDA for records concerning communications between the EPA, the FDA, and the Centers for Disease Control pertaining to the use of several antibiotics in pesticides. CBD had received records in response to a separate FOIA request to the CDC that identified a study pertaining to the pesticide use. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, CBD filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
11. Gulyas v. Kaiser (filed Sep 6, 2019)
    Christopher Gulyas filed suit against Edwin Kaiser, a captain in the Navy in Superior Court in California. This is a request to move the case to the case from federal court to state court. This is not a FOIA case.
    Issues: FOIA not mentioned

In addition, we have added 3 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. POSSO v. US DEPARTMENT OF JUSTICE et al (filed Aug 26, 2019)
2. SMITH v. INTERNAL REVENUE SERVICE (filed Aug 20, 2019)
3. ACCURSO v. U.S. DEPARTMENT OF JUSTICE et al (filed Aug 19, 2019)