Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency, plus case descriptions

We have added 89 documents from 12 FOIA cases filed between February 2, 2020 and February 8, 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. Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency (filed Feb 3, 2020)
   The Natural Resources Defense Council submitted a FOIA request to the EPA for records concerning the content of speeches given by former EPA Administrator Scott Pruitt to groups outside the federal government, including the prepared text of speeches as well as notes taken during his remarks. NRDC also requested a fee waiver. Two years later, the agency told NRDC that it had located 94 responsive pages but was withholding them all under Exemption 5 (privileges). NRDC filed an administrative appeal of that decision. The agency responded to NRDC’s appeal by upholding its deliberative process privilege claim but indicating as well that the agency’s search was insufficient and a further search would be conducted. After hearing nothing further from the agency, NRDC filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE (filed Feb 3, 2020)
   Reporter Jason Leopold submitted a FOIA request to the Office of the Inspector General at the Department of Justice for records concerning the preparation of the December 2019 report on the four FISA applications for the Crossfire Hurricane investigation. Leopold also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied Leopold’s request for expedited processing. After hearing nothing further from the agency, Leopold filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. SAE PRODUCTIONS, INC. v. FEDERAL BUREAU OF INVESTIGATION (filed Feb 4, 2020)
   Steven Emerson, on behalf of SAE Productions, submitted a FOIA request to the FBI for records concerning the agency’s investigative files related to the Holy Land Foundation for Relief and Development. The FBI acknowledged the request and told SAE Productions that it would be charged duplication fees. The agency then told SAE Productions that it had located nearly 1.3 million responsive pages and told SAE Productions that duplication fees would be $39,415 to provide the records on CDs. SAE Productions filed an administrative appeal of the denial of its fee waiver request. The Office of Information Policy remanded the fee waiver issue back to the FBI. The FBI upheld its original cost estimate and SAE Productions agreed to pay a $500 down payment. SAE Productions then agreed to narrow its request to a total of 593 pages. After hearing nothing further from the agency, SAE Productions filed suit.
   Issues: Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees
4. Evans v. University of California Davis (filed Feb 4, 2020)
   Oren Evans filed suit against the University of California-Davis to force the university to disclose an autism study, which Evans contended should be disclosed under FOIA because it was funded by an NIH grant. The University of California-Davis is not subject to the federal FOIA so this is not a FOIA claim.
   Issues: FOIA not mentioned
5. Friends of the Boundary Waters Wilderness v. Bureau of Land Management et al (filed Feb 4, 2020)
   The Friends of the Boundary Waters Wilderness submitted two FOIA requests to the Bureau of Land Management for records concerning pending and withdrawn hardrock mineral applications in the Superior National Forest identified in BLM’s 2019 Environmental Assessment, including communications about pending or withdrawn applications from Twin Metals Minnesota. The agency acknowledged receipt of the first request. The second request asked for records concerning lease renewals of two identified existing mine leases. The agency did not acknowledge the second FOIA request. After hearing nothing further from the agency pertaining to either request, Friends of the Boundary Waters Wilderness filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Brennan Center for Justice at the New York University School of Law et al v. United States Federal Bureau of Investigation (filed Feb 4, 2020)
   The Brennan Center for Justice submitted a FOIA request to the FBI for records concerning the agency’s Foreign Influence Task Force. The Brennan Center also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. After the agency failed to respond within the statutory time limits, the Brennan Center filed an administrative appeal. The Office of Information Policy told the Brennan Center that its request for expedited processing was denied. OIP also told the Brennan Center that since the FBI had not yet made an adverse determination there was nothing to review. The Brennan Center then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
7. COLEMAN v. UNITED STATES DEPARTMENT OF STATE (filed Feb 5, 2020)
   Jesse Coleman, a researcher with Documented, submitted a FOIA request to the Department of State for records concerning the calendar and resume for Melissa Simpson, the current Deputy Assistant Secretary for Energy Transformation. The agency acknowledged receipt of the request. Coleman contacted the agency several times to check on the status of his request without success. After hearing nothing further from the agency, Coleman filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. HOPPOCK v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed Feb 5, 2020)
   Matthew Hoppock, an immigration attorney, submitted three FOIA requests to U.S. Citizenship and Immigration Services for records concerning the agency’s policy on denaturalization. Hoppock also requested expedited processing and a fee waiver for his second and third requests. The agency acknowledged receipt of the requests. The agency denied Hoppock’s requests for expedited processing for his second and third requests. Hoppock filed administrative appeals of the denials of expedited processing. After hearing nothing further from the agency, Hoppock filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. MCNEIL v. U.S. DEPARTMENT OF STATE et al (filed Feb 5, 2020)
   Robert McNeil submitted FOIA requests to the Department of State and the IRS for records concerning the State Department’s decision to reject McNeil’s attempt to renew his passport because the agency claimed he was delinquent on debts. The agencies’ acknowledged receipt of the requests, but after hearing nothing further from either agency, McNeil filed suit against the State Department.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. ACLU Foundation of Texas, Inc. v. US Department of Homeland Security et al (filed Feb 5, 2020)
    The ACLU of Texas submitted a FOIA request to the Department of Homeland Security for records concerning the administrative and criminal warrants served on CVE Technology Group when searching for undocumented workers. The ACLU of Texas also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied the request on the basis of Exemption 7(A) (interference with ongoing investigation or proceeding). The ACLU of Texas filed an administrative appeal of the denial. The agency upheld the denial on appeal. The ACLU of Texas then filed suit.
    Issues: Litigation – Attorney’s fees, Public Interest Fee Waiver
11. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE (filed Feb 6, 2020)
    American Oversight submitted three FOIA requests to the Department of State for records concerning Vice President Pence’s travel to Poland and Ireland, during which time he met with Ukrainian President Zelensky. American Oversight’s third request asked for communications between the State Department and the Office of the Vice President pertaining to the trip. American Oversight also requested expedited processing for all three requests. The agency acknowledged receipt of the requests and granted the requests for expedited processing for all three requests. After hearing nothing further from the agency pertaining to any of the three requests, American Oversight filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Capital Area Immigrants' Rights Coalition v. United States Immigration and Customs Enforcement et al (filed Feb 7, 2020)
    The Capital Area Immigrants’ Rights Coalition submitted a FOIA request to U.S. Immigration and Customs Enforcement concerning custody decisions in the ICE Maryland Area of Responsibility under the Immigration Nationality Act. The agency acknowledged receipt of the request. The agency subsequently asked for clarification. CAIR responded to the clarification request. CAIR then filed an administrative appeal because the agency had failed to respond to its request. After hearing nothing further from the agency, CAIR filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees

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

1. CANO v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Jan 31, 2020)
2. BRAGG v. CENTRAL INTELLIGENCE AGENCY (filed Jan 27, 2020)
3. BRAGG v. FEDERAL BUREAU OF INVESTIGATION (filed Jan 27, 2020)