AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE and 21 other new FOIA lawsuits, plus case descriptions
We have added 166 documents from 20 FOIA cases filed between November 3, 2019 and November 9, 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.
- AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE (filed Nov 8, 2019)
American Oversight submitted four FOIA requests to the Department of State for records concerning communications sent to or from Ambassador to the EU Gordon Sondland. American Oversight also requested expedited processing. 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 - Rashid El Malik v. Department of Veteran Affairs et al (filed Nov 4, 2019)
Rashid El Malik, a disabled Vietnam vet, sued the Department of Veterans Affairs for injuries he received during treatment. El Malik submitted a FOIA request to the Department of Veterans Affairs for records concerning an alleged disclosure of his personal information by the agency. After hearing nothing further from the agency, El Malik filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs - Landis v. Federal Bureau Of Prisons et al (filed Nov 4, 2019)
Carleton Landis, a federal prisoner submitted FOIA requests to the Bureau of Prisons for records concerning employees of the Bureau of Prisons. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Landis filed suit.
Issues: Failure to respond within statutory time limit - ENERGY POLICY ADVOCATES v. UNITED STATES DEPARTMENT OF STATE (filed Nov 3, 2019)
Energy Policy Advocates submitted a FOIA request to the Department of State for records concerning Circular 175 requests. EPA also requested expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, EPA filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - ROYCE v. UNITED STATES DEPARTMENT OF JUSTICE (filed Nov 4, 2019)
Sylvia Royce, an attorney specializing in international prisoner transfer, submitted a FOIA request to the Department of Justice for records concerning the approvals and denials of international prisoner transfer applications. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Royce filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Vaughn index - Informed Consent Action Network v. United States Food and Drug Administration (filed Nov 4, 2019)
Informed Consent Network submitted a FOIA request to the FDA for records concerning clinical study reports for all clinical trials relied upon by the agency when it approved Varicella in 1995. The agency acknowledged receipt of the request. After hearing nothing from the agency, Informed Consent Network filed an administrative appeal. After hearing nothing more, Informed Consent Network filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT et al (filed Nov 5, 2019)
Democracy Forward Foundation submitted FOIA requests to the Department of Housing and Urban, Development, the Department of Justice, and the U.S. Interagency Council on Homelessness for records concerning inter-agency communications and communications with third parties pertaining to the modification, postponement, or cancellation of the FY 2019 Specialized Housing and Services for Victims of Human Trafficking Notice of Funding Availability. DFF also requested a fee waiver. The agencies acknowledged receipt of the requests. HUD told DFF that it needed to identify which individuals to search. DFF told the agency that was not required under FOIA. After hearing nothing further from any of the agencies, DFF filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver - THAYER v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Nov 5, 2019)
Andy Thayer submitted a FOIA request to the U.S. Secret Service for records concerning a possible G20 Summit to be held at the McCormick Place complex in Chicago in 2021. Thayer also requested expedited processing. The agency acknowledged receipt of the request but denied Thayer’s request for expedited processing. After hearing nothing further from the agency, Thayer filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - CONGREGATION POILE ZEDEK v. UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION (filed Nov 5, 2019)
The Congregation Poile Zedek submitted a FOIA request to the Consumer Product Safety Commission concerning records of a specific CPSC investigation involving electric space heaters. The agency acknowledged receipt of the request, but after hearing nothing further from agency, Congregation Poile Zedek filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. BUREAU OF LAND MANAGEMENT (filed Nov 6, 2019)
Public Employees for Ethical Responsibility submitted a FOIA request to the Bureau of Land Management for records concerning communications pertaining to William Perry Pendley, who had been nominated as the agency’s deputy director for policy and management, including how and why he was appointed. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, PEER filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Jin et al v. U.S. Bureau of Citizenship & Immigration Services et al (filed Nov 6, 2019)
Ying Jin and Victor Sparrow submitted FOIA requests to U.S. Citizenship and Immigration Services for records concerning their application to remove temporary conditions of residency. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Jin and Sparrow filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Jarrell v. Army Review Boards Agency et al (filed Nov 6, 2019)
Richard Jarrell filed suit against the Army Review Board and the Department of Justice pertaining to some loans. This is not a FOIA case.
Issues: FOIA not mentioned - Three Pine One, LLC v. General Services Administration of the United States of America (filed Nov 6, 2019)
Three Pine One submitted FOIA request to the General Services Administration and U.S. Forest Service for records concerning GSA’s decision to lease property in Portland that was used to house the U.S. Forest Service’s Mt. Hood headquarters. The agencies acknowledged receipt of the requests. GSA withheld some records under Exemption 4 (confidential business information) and Exemption 5 (privileges). Three Pine One filed an administrative appeal. After hearing nothing further, Three Pine One filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - Rocky Mountain Wild, Inc v. Bureau of Land Management et al (filed Nov 7, 2019)
Rocky Mountain Wild submitted a FOIA request to the Bureau of Land Management for records concerning the Tres Rios Field Office Area of Critical Environmental Concern amendment to the TRFO Resource Management Plan. The agency acknowledged receipt of the request. After hearing nothing further, RMW filed suit, alleging a pattern or practice by the agency of failing to respond to its requests within the statutory time limit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - FOOD & WATER WATCH, INC. v. U.S. DEPARTMENT OF AGRICULTURE et al (filed Nov 7, 2019)
Food & Water Watch submitted four FOIA requests to the Food Safety and Inspection Service for records concerning the agency’s new inspection system for market hogs. FWW also requested expedited processing. The agency acknowledged receipt of FWW’s multi-part requests. The agency asked FWW to clarify some items. The agency was able to respond to some items, but all of them. After the agency failed to respond substantively to its requests, FWW filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - DEMOCRACY FORWARD FOUNDATION v. CONSUMER FINANCIAL PROTECTION BUREAU (filed Nov 7, 2019)
Democracy Forward Foundation submitted two FOIA requests to the Consumer Financial Protection Bureau for records concerning coordination between CFPB and the Department of Education for providing assistance on student loans. The agency acknowledged receipt of the requests 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 - PROJECT ON GOVERNMENT OVERSIGHT v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Nov 7, 2019)
Project on Government Oversight submitted eight FOIA requests to U.S. Immigration and Customs Enforcement for records on a variety of issues. The agency acknowledged receipt of the requests but after the agency failed to respond to any of the requests, POGO filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Friends of Animals v. United States Bureau of Land Management (filed Nov 8, 2019)
Friends of Animals submitted a FOIA request to the Bureau of Land Management for records concerning surgeons, veterinarians, and biologists contracted to perform or assist with ovariectomy (spay) surgeries and follow-up care and research on wild horses at the Oregon Wild Horse and Burro facility from January 2018 to the present. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Friends of Animals filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver - PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION (filed Nov 8, 2019)
Public Employees for Environmental Responsibility submitted a FOIA request to National Oceanic and Atmospheric Administration for records concerning communications to or from Andrew Lawler, the agency’s deputy assistant secretary for international fisheries, to third parties. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PEER filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Campo v. U.S. Department of Justice (filed Nov 9, 2019)
Robert Campo submitted FOIA requests to the Department of Justice for records concerning emails from Darin Powers and Robert Huber, employees of DynCorp International. The emails had been withheld as privileged in Jordan v. Dept of Labor. The agency acknowledged receipt of the requests. Campo argued that because several DOJ attorneys were not members of the bar, the emails lost their privilege when disclosed to them. The agency denied the requests, claiming the emails were also protected by Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Campo filed an administrative appeal. Campo then filed suit.
Issues: Litigation – Attorney’s fees
In addition, we have added 3 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.
- WILSON v. BUREAU OF PRISONS AGENCY (filed Oct 31, 2019)
- Wilson-Davis & Co. v. US Securities and Exchange Commission (filed Oct 29, 2019)
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