HUMAN RIGHTS DEFENSE CENTER v. CUSTOMS AND BORDER PROTECTION and 15 other new FOIA lawsuits, plus case descriptions

We have added 71 documents from 15 FOIA cases filed between December 8, 2019 and December 14, 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. HUMAN RIGHTS DEFENSE CENTER v. CUSTOMS AND BORDER PROTECTION (filed Dec 10, 2019)
   The Human Rights Defense Center submitted a FOIA request to U.S. Customs and Border Protection for records concerning litigation filed against the agency. The agency acknowledged receipt of the request and changed the tracking number several times. However, after hearing nothing further from the agency, HRDC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Berryhill v. Bonneville Power Administration (filed Dec 10, 2019)
   Jerome Berryhill submitted a FOIA request to the Bonneville Power Administration for records concerning easement work done at his property. The agency disclosed 453 pages with redactions under Exemption 5 (privileges). Berryhill filed an administrative appeal but the agency’s initial decision was upheld. He then filed suit.
   Issues: Litigation – Attorney’s fees
3. PBS COALS, INC. v. BERNHARDT et al (filed Dec 13, 2019)
   PBS Coals filed suit against the Department of Interior under the Surface Mining Control and Reclamation Act. This is not a FOIA suit.
   Issues: FOIA not mentioned
4. Free Sacred Trinity Church et al v. Internal Revenue Service (filed Dec 9, 2019)
   Free Sacred Trinity Church submitted a FOIA request to the IRS for records concerning the agency’s letter to FSTC alleging that its tax-exempt status might have changed. The agency acknowledged receipt of the request and asked for five extensions of time to respond to the request. After hearing nothing further from the agency, FSTC then filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. VIZCARRA CALDERON v. FEDERAL AVIATION ADMINISTRATION (filed Dec 9, 2019)
   Yolanda Vizcarra Calderon submitted three FOIA requests to the Federal Aviation Administration. Her first FOIA request asked for records concerning five foreign pilots. The agency acknowledged receipt of the request. Her second request asked for records concerning two foreign-registered aircraft. The agency acknowledged receipt of her second FOIA request and told her it did not maintain records on foreign-registered aircraft. Her third FOIA request asked for records concerning McClellan-Palomar Airport. The agency acknowledged receipt of the request but after hearing nothing further concerning any of her three requests, Vizcarra Calderon filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. Neal v. Burns (filed Dec 9, 2019)
   Alex Neal, a state prisoner in Texas, filed suit against Robert Burns, Chief Justice of Texas for disclosure of records related to his conviction. This is not a FOIA claim.
   Issues: FOIA not mentioned
7. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF THE TREASURY (filed Dec 11, 2019)
   American Oversight submitted four FOIA requests to the Department of Treasury for records concerning communications to or from several senior officials containing a variety of keywords. The agency acknowledged receipt of the requests but after hearing nothing further pertaining to any of the four requests, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF THE TREASURY (filed Dec 11, 2019)
   American Oversight submitted three FOIA requests to the Department of Treasury for records concerning communications between the Office of Foreign Assets Control and specified external organizations. The agency acknowledged receipt of all three requests and took a 10-day extension for all of them. After hearing nothing further from the agency pertaining to any of the requests, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. PAWLOSKI v. UNITED STATES OF AMERICA et al (filed Dec 11, 2019)
   Edwin Pawlowski submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning his criminal case. The agency acknowledged receipt of the request and withheld the records under Exemption 7(A) (interference with ongoing investigation or proceeding). Pawlowski filed an administrative appeal to the Office of Information Policy. OIP upheld the agency’s Exemption 7(A) claim. The agency then told Pawlowski that it would process his request at a cost of $9,564 and that processing his request would take six years. Although Pawlowski agreed to narrow the scope of his request the agency told him it still would take four years to process. Pawlowski then filed suit.
   Issues: Litigation – Recovery of Costs
10. Southeastern Legal Foundation, Inc. v. United States Department of Justice (filed Dec 11, 2019)
    The Southeastern Legal Foundation submitted a FOIA request for records concerning an email communication referenced in a footnote in the Mueller report. SLF also requested a fee waiver. After hearing nothing further from the agency, SLF filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
11. American Civil Liberties Union v. United States Customs and Border Protection et al (filed Dec 11, 2019)
    The ACLU submitted FOIA requests to U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement for records concerning the use of cell site stimulators by agents. The ACLU also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. Both agencies responded by telling the ACLU that they had no records. The ACLU filed an administrative appeal of both no records decisions. However, after hearing nothing further from either agency, the ACLU filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
12. City of Los Angeles v. Federal Aviation Administration (filed Dec 12, 2019)
    The City of Los Angeles submitted FOIA requests to the Federal Aviation Administration for records concerning a Draft Environmental Review Proposed Categorical Exclusion report regarding proposed new airport procedures. The agency acknowledged receipt of the requests. The agency located responsive records but disclosed only a single document, withholding 33 records under Exemption 5 (privileges). The City filed an administrative appeal. After hearing nothing further from the agency, the City of Los Angeles filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
13. SAVE OUR RECREATION et al v. United States Department of Interior et al (filed Dec 12, 2019)
    Save Our Recreation and dog owners’ groups in the San Francisco area submitted FOIA requests to the National Park Service concerning restrictions on dogs in Golden Gate National Recreation Area. The agency acknowledged receipt of the request but after the agency failed to respond, Save Our Recreation and the other requesters filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
14. Energy and Policy Institute v. Tennessee Valley Authority (filed Dec 12, 2019)
    The Energy and Policy Institute submitted a FOIA request to the Tennessee Valley Authority for records concerning the agency’s financial support to Utility Air Regulatory Group and the Utility Solid Waste Activity Group. The agency acknowledged receipt of the request and provided records with redactions under Exemption 4 (confidential business information) and Exemption 5 (privileges). EPI filed an administrative appeal of the partial denial. The agency upheld the application of the exemptions. EPI then filed suit.
    Issues: Litigation – Attorney’s fees, Litigation – Vaughn index
15. DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (filed Dec 13, 2019)
    Democracy Forward Foundation submitted a FOIA request to the Department of Housing and Urban Development for records concerning the agency’s position on the eligibility of individuals with DACA status to obtain home mortgages insured by the Federal Housing Administration. DFF also requested a fee waiver. The agency acknowledged receipt of the request. 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, Public Interest Fee Waiver

In addition, we have added 2 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• National Immigrant Justice Center et al v. Immigration and Customs Enforcement et al (filed Dec 4, 2019)