PROTECT DEMOCRACY PROJECT, INC. v. U.S. DEPARTMENT OF JUSTICE et al and 11 other new FOIA lawsuits

We have added 92 documents from 11 FOIA cases filed between October 27, 2019 and November 2, 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. PROTECT DEMOCRACY PROJECT, INC. v. U.S. DEPARTMENT OF JUSTICE et al (filed Oct 28, 2019)
   Protect Democracy Project submitted FOIA requests to the FBI and U.S. Secret Service for records concerning explicit or implicit threats of violence by white supremacists or hate groups received by the agencies pertaining to the Trump campaign. PDP also requested expedited processing and a fee waiver. Both agencies acknowledged receipt of the request. The Secret Service told PDP that its request was too broad to search. PDP narrowed its request, but after hearing nothing further from the agencies, PDP filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
2. NATIONAL STUDENT LEGAL DEFENSE NETWORK v. UNITED STATES DEPARTMENT OF EDUCATION (filed Oct 29, 2019)
   The National Student Legal Defense Network submitted a FOIA request to the Department of Education for records concerning communications between agency officials and representatives of specific firms pertaining to a list of keywords. NSLDN also requested a fee waiver. The agency acknowledged receipt of the request and granted NSLDN’s request for a fee waiver. The agency told NSLDN that it needed to provide domain names to search for emails from outside firms. NSLDN provided the domain names. The agency told NSLDN that its request qualified for unusual circumstances. After hearing nothing further from the agency, NSLDN filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. RODRIGUEZ GOMEZ v. U.S. DEPARTMENT OF JUSTICE (filed Oct 29, 2019)
   Jose Angel Rodriguez Gomez submitted a FOIA request to the U.S. Attorney for the District of Columbia for records concerning a car accident that occurred on March 25, 2018 in Washington, DC. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Rodriguez Gomez filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF AGRICULTURE (filed Oct 30, 2019)
   American Oversight submitted five FOIA requests to the Department of Agriculture for records concerning communications and meetings related to Secretary Sonny Perdue, as well as issues related to ethics and conflicts of interest. The agency acknowledged receipt of the requests 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
5. NATIONAL STUDENT LEGAL DEFENSE NETWORK v. UNITED STATES DEPARTMENT OF EDUCATION (filed Oct 30, 2019)
   The National Student Legal Defense Network submitted two FOIA requests to the Department of Education for records concerning the agency’s 2016 Borrower Defense Rule. NSLDN also requested a fee waiver. The agency acknowledged receipt of the requests, granted NSLDN’s request for a fee waiver, and told NSLDN that it could not provide an estimated date of completion. After hearing nothing further from the agency, NSLDN filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. CENTER FOR PUBLIC INTEGRITY v. U.S. DEPARTMENT OF DEFENSE et al (filed Oct 30, 2019)
   The Center for Public Integrity submitted FOIA requests to the Department of Defense and OMB for records concerning communications between DOD acting comptroller Elaine McCusker and OMB pertaining to the Ukraine Security Assistance Initiative. CPI also requested expedited processing. Both agencies acknowledged receipt of the requests but after hearing nothing further from either agency, CPI filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. ENVIRONMENTAL DEFENSE FUND v. U.S. DEPARTMENT OF THE INTERIOR et al (filed Oct 31, 2019)
   The Environmental Defense Fund submitted FOIA requests to the Department of Interior, National Oceanic and Atmospheric Administration, and National Aeronautics and Space Administration for records concerning the White House’s effort to review or evaluate climate science. EDF also requested a fee waiver and expedited processing. The agencies acknowledged receipt of the requests. Interior and NOAA granted EDF’s request for expedited processing. NOAA also granted EDF’s request for a fee waiver. However, EDF heard nothing further from either agency. NASA responded to EDF’s request but withheld two records because they originated with the National Security Council and were not considered agency records. EDF filed an administrative appeal of that decision. After hearing nothing further from any of the agencies, EDF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
8. BUZZFEED INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Oct 31, 2019)
   BuzzFeed submitted three FOIA requests to U.S. Immigration and Customs Enforcement for records concerning modification of the Risk Classification Assessment. BuzzFeed also requested a fee waiver. ICE acknowledged receipt of the requests. ICE responded to the first request by providing records redacted under several exemptions. BuzzFeed filed an administrative appeal of that decision which was upheld by the agency. ICE responded to the second request by telling BuzzFeed that records were protected by Exemption 7(E) (investigative methods or techniques). ICE acknowledged receipt of the third request. However, after hearing nothing further from the agency pertaining to any of the requests, BuzzFeed filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. American Civil Liberties Union et al v. United States Department of Justice et al (filed Oct 31, 2019)
   The ACLU and the ACLU of Massachusetts submitted FOIA requests to the Department of Justice, the FBI, and the DEA for records concerning development and use of facial recognition. The ACLU also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests, denied the ACLU’s request for expedited processing and put the ACLU in the preferential fee category. After hearing nothing further from the agencies, the ACLU filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
10. Kobre & Kim LLP v. Commodity Futures Trading Commission (filed Oct 31, 2019)
    The law firm of Kobre & Kim submitted a FOIA request to the Commodity Futures Trading Commission for records concerning the settlement agreement reached in the Kraft case. After the agency failed to respond, Kobre & Kim filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
11. Ryan LLC v. U.S. Department of the Interior (filed Nov 1, 2019)
    The law firm of Ryan LLC, specializing in tax services, submitted a FOIA request to the Department of Interior for records concerning communications from the Office of Natural Resources relating to Ryan LLC from 2014 to the present. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Ryan LLC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

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

• HUGHES v. DEPARTMENT OF JUSTICE et al (filed Oct 21, 2019)