SHANE v. U.S. DEPARTMENT OF HOMELAND SECURITY and 9 other new FOIA lawsuits, plus case descriptions

We have added 45 documents from 7 FOIA cases filed between January 19, 2020 and January 25, 2020. 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. SHANE v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jan 22, 2020)
   Peter Shane, a law professor at Ohio State University, submitted a request to the Department of Homeland Security for records concerning memoranda pertaining to how the Secretary of Homeland Security exercises their authority to designate other officers of the agency to serve as Acting Secretary. Shane also requested a fee waiver. The agency acknowledged receipt of the request. It conditionally granted Shane’s fee waiver request, indicating that its final decision would be based on the amount of relevant information that was disclosed. The agency ultimately found two pages responsive to Shane’s request but denied them under Exemption 5 (privileges). Shane filed an administrative appeal. The agency responded to Shane’s administrative by remanding his request for the FOIA office to better explain its Exemption 5 claim. However, two months later, the agency told Shane that since it had not heard back on the remand, Shane should consider the denial the final agency decision. Shane then filed a complaint with the Office of Government Information Services. After contacting DHS, OGIS told Shane that DHS stood by its decision to withhold the records under the deliberative process privilege. Shane then filed suit.
   Issues: Litigation – Attorney’s fees
2. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. BUREAU OF LAND MANAGEMENT (filed Jan 21, 2020)
   Public Employees for Environmental Responsibility submitted a FOIA request to the Bureau of Land Management for records concerning an op-ed by Deputy Director William Pendley. PEER also requested expedited processing. The agency acknowledged receipt of the request. PEER contacted the agency concerning the status of its request for expedited processing. After hearing nothing further from the agency, PEER filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. PROTECT DEMOCRACY PROJECT, INC. v. U.S. DEPARTMENT OF JUSTICE et al (filed Jan 22, 2020)
   Protect Democracy Project submitted FOIA requests to the Department of Justice, the Department of Defense, and the Department of State for records concerning the military strike that killed Qassim Soleimani and discussions of the President’s authority to conduct the strike. PDP also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests, 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
4. Wright v. Federal Bureau of Investigation (filed Jan 23, 2020)
   Makala Kierra Wright submitted a FOIA request to the FBI for records concerning herself. The FBI acknowledged receipt of the request. The agency told Wright that it could neither confirm nor deny the existence of records pertaining to whether an individual was on the terrorist watchlist. Wright filed an administrative appeal. She also contacted the Office of Government Information Services. After hearing nothing further, Wright filed suit.
   Issues: Failure to respond within statutory time limit
5. DEMOCRACY FORWARD FOUNDATION v. CONSUMER FINANCIAL PROTECTION BUREAU (filed Jan 24, 2020)
   Democracy Forward Foundation submitted two FOIA requests to the Consumer Financial Protection Bureau for records concerning communications with the American Consumer Financial Network and actions to persuade states to lower consumer protections. DFF also requested a fee waiver. The agency acknowledged receipt of both requests but after hearing anything 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
6. Salgado-Rios v. Department of Homeland Security et al (filed Jan 24, 2020)
   Yolanda Salgado-Rios submitted a FOIA request to the Department of Homeland Security for records concerning herself and her daughter. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, Salgado-Rios filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Informed Consent Action Network v. United States Food and Drug Administration (filed Jan 24, 2020)
   The Informed Consent Action Network submitted a FOIA request for records concerning clinical trials relied upon to approve Engerix-B for babies. The agency acknowledged receipt of the request. After asking the Informed Consent Action Network to clarify its request, the agency indicated that it could not search for records responsive to the request for clinical trials. Informed Consent Action Network then filed suit.
   Issues: Litigation – Attorney’s fees

In addition, we have added 5 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. PATEL v. U.S. MARSHAL SERVICE et al (filed Jan 13, 2020)
2. CULLEN v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY (filed Jan 13, 2020)
3. HILARIO v. TRUMP et al (filed Jan 13, 2020)