HUMANE SOCIETY OF THE UNITED STATES v. AGRICULTURAL MARKETING SERVICE and 11 other new FOIA lawsuits

We have added 46 documents from 8 FOIA cases filed between March 22, 2020 and March 28, 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. HUMANE SOCIETY OF THE UNITED STATES v. AGRICULTURAL MARKETING SERVICE (filed Mar 27, 2020)
   The Humane Society of the United States submitted a FOIA request to the Agricultural Marketing Service for records concerning revenues received by the National Pork Producers Council for use of the slogan promoting eating pork. The Humane Society also requested a fee waiver. The agency acknowledged receipt of the request. In a second interim response, the agency provided 343 heavily redacted pages under Exemption 4 (confidential business information), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). After hearing nothing further from the agency, the Humane Society filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. Golden State Salmon Association et al v. United States Bureau of Reclamation (filed Mar 23, 2020)
   The Golden State Salmon Association, the Sierra Club, and four other fish advocacy groups submitted two FOIA requests to the Bureau of Reclamation for records concerning proposals to raise the height of Shasta Dam. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Golden State Salmon Association filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
3. American Civil Liberties Union, Immigrants’ Rights Project v. United States Department of Homeland Security et al (filed Mar 23, 2020)
   The ACLU Immigrants’ Rights Project submitted a FOIA request to the Department of Homeland Security for records concerning data on immigration, naturalization, and asylum-related decisions and applications. The ACLU Immigrants’ Rights Project also requested expedited processing and a fee waiver. After hearing nothing from the agency, the ACLU Immigrants’ Rights Project then filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. FREEDOM WATCH, INC. v. U.S. DEPARTMENT OF STATE et al (filed Mar 23, 2020)
   Freedom Watch submitted 16 FOIA requests to the Department of State and other agencies that were members of the intelligence community for a wide variety of records. Freedom Watch also requested expedited processing. The agencies acknowledged receipt of the requests. The Office of the Director of National Intelligence contacted Freedom Watch for clarification. After hearing nothing further from any of the agencies, Freedom Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. Scottsdale Research Institute LLC v. United States Drug Enforcement Administration et al (filed Mar 25, 2020)
   The Scottsdale Research Institute filed suit against the Drug Enforcement Administration and the Department Justice for their failure to affirmatively disclose records concerning the ability to conduct marijuana research. While SRI’s complaint describes the non-disclosure of records as a violation of FOIA, SRI does not seem to have actually made a request.
   Issues: Litigation – Attorney’s fees
6. VENTURA v. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (filed Mar 25, 2020)
   Carlos Ventura submitted a FOIA request to the Executive Office for Immigration Review for records concerning his deportation proceedings. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Ventura filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. de Chavez v. Executive Office for Immigration Review (filed Mar 26, 2020)
   Jaquelyn Andrade de Chavez submitted a FOIA request to the Executive Office of Immigration Review concerning the records related to her EOIR proceedings. She also requested expedited processing. The agency acknowledged receipt of the request and ultimately produced an audio recording of her proceedings. After hearing nothing further from the agency, she filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. Story v. Weirich (filed Mar 27, 2020)
   Earley Story filed suit against the Shelby County District Attorney for failing to disclose records. He also asked for damages. This is not a FOIA claim.
   Issues: FOIA not mentioned

In addition, we have added 4 documents from 4 cases, with earlier filing dates, that have recently appeared on PACER.

1. BIVINS v. DEPARTMENT OF JUSTICE et al (filed Mar 19, 2020)
2. Sandoval v. United States of America (filed Mar 17, 2020)
3. NIX v. SECRETARY OF DEPARTMENT OF TREASURY et al (filed Mar 16, 2020)
4. VANDIVERE v. ADMINISTRATIVE OFFICE OF THE UNITED STATES COURT et al (filed Mar 16, 2020)