AMERICAN OVERSIGHT v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al and 22 other new FOIA lawsuits

We have added 157 documents from 22 FOIA cases filed between May 10, 2020 and May 16, 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. AMERICAN OVERSIGHT v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al (filed May 15, 2020)
   American Oversight filed suit against the Centers for Disease Control, challenging its policy of requiring requesters to narrow their requests before the agency would process them constituted an illegal practice or policy that violated FOIA.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
2. American Immigration Council et al v. United States Citizenship and Immigration Services et al (filed May 13, 2020)
   The American Immigration Council submitted FOIA requests to U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection for records concerning the Migrant Protection Protocols requiring asylum-seekers to stay in Mexico until their cases were heard. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, AIC filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF JUSTICE (filed May 11, 2020)
   American Oversight submitted three FOIA requests to the Department of Justice for records concerning potential political influence on the agency’s decision to drop its case against Michael Flynn. The agency acknowledged receipt of the three requests but after hearing nothing further from the agency pertaining to any of its requests, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF JUSTICE (filed May 11, 2020)
   White Coat Waste Project submitted three FOIA requests to the Department of Justice for records concerning animal welfare protocols for two contracts awarded by the FBI and one contract awarded by the U.S. Marshals Service. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, White Coat Waste Project filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. CALLIMACHI v. U.S. DEPARTMENT OF STATE (filed May 12, 2020)
   Rukmini Callimachi, an investigative journalist, submitted six FOIA requests to the Department of State for records concerning her deceased stepfather, Mihail Horia Botez and his connection to the Romanian communist government. The agency acknowledged receipt of the requests. The agency told Callimachi that several requests were too broad to be searched and needed clarification. After hearing nothing further from the agency pertaining to any of her request, Callimachi filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. WP COMPANY LLC et al v. U.S. SMALL BUSINESS ADMINISTRATION (filed May 12, 2020)
   The Washington Post, Bloomberg News, Dow Jones, Pro Publica, and the New York Times all submitted FOIA requests to the Small Business Administration for records concerning the implementation of the payroll protection program. Bloomberg News also requested expedited processing. The agency acknowledged receipt of the requests and denied Bloomberg News’ for expedited processing. After hearing nothing further from the agency, the media companies filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. GANDLUR v. FEDERAL BUREAU OF PRISONS et al (filed May 12, 2020)
   Shreyas Gandlur submitted a FOIA request to the Bureau of Prisons for metadata for all emails sent or received by MCC New York Warden Shirley Skipper-Scott between July 1, 2019 and August 12, 2019. The agency acknowledged receipt of the request. The agency denied the request under Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7 (law enforcement records). Gandlur filed an administrative appeal of the denial. The agency acknowledged request of the request but after hearing nothing further from the agency, Gandlur filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Urban Justice Center v. U.S. Citizenship and Immigration Services (filed May 12, 2020)
   The Urban Justice Center submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the agency’s alert system for identifying and rejecting U-Visa applications. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Urban Justice Center filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. American Immigration Council et al v. United States Citizenship and Immigration Services et al (filed May 13, 2020)
   The American Immigration Council submitted FOIA requests to U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection for records concerning the Migrant Protection Protocols requiring asylum-seekers to stay in Mexico until their cases were heard. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, AIC filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. COMMUNIDAD COLECTIVA v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed May 13, 2020)
    Communidad Colectiva submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning alleged surveillance of Communidad Colectiva in North Carolina. The agency acknowledged receipt of the request but told Communidad Colectiva that is request was too broad to allow for a search. Communidad Colectiva responded that its request was not too broad and the agency agreed to conduct a search. After hearing nothing further from the agency, Communidad Colectiva filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. NATIONAL STUDENT LEGAL DEFENSE NETWORK v. U.S. DEPARTMENT OF EDUCATION (filed May 13, 2020)
    The National Student Legal Defense Network submitted a FOIA request to the Department of Education for records concerning communications with non-governmental parties pertaining to the Notice of Proposed Rulemaking title Program Integrity: Gainful Employment. The agency acknowledged receipt of the request and told NSLDN that the request had been sent to multiple offices for processing. After hearing nothing further from the agency, NSLDN filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. AMERICAN OVERSIGHT et al v. U.S. DEPARTMENT OF AGRICULTURE et al (filed May 13, 2020)
    American Oversight and the Union of Concerned Scientists submitted FOIA requests to the Department of Agriculture and the General Services Administration for records concerning the relocation of two USDA divisions, the Economic Research Service and the National Institute of Food and Agriculture from Washington, DC to Kansas City. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency, American Oversight and the Union of Concerned Scientists filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
13. TAX ANALYSTS v. INTERNAL REVENUE SERVICE (filed May 13, 2020)
    Tax Analysts submitted a FOIA request to the IRS for records concerning final decisions of an administrative law judge and the appellate authority in Circular 230 cases from 2015 to the present. Tax Analysts also asked the agency to post such decisions. The agency acknowledged receipt of the request. The IRS provided 70 pages of records and denied Tax Analysts’ request to post the opinions online. Tax Analysts filed an administrative appeal which was denied by the agency. Tax Analysts then filed suit.
    Issues: Litigation – Attorney’s fees
14. The New York Times Company v. Department of Health and Human Services et al (filed May 13, 2020)
    The New York Times submitted a FOIA request to the Department of Health and Human Services for records concerning all reports submitted to the agency pertaining to corona virus infections. The New York Times also requested expedited processing. The agency acknowledged receipt of the request. The Centers for Disease Control granted the New York Times’ request for expedited processing. CDC told the Times that it would take time to gather all responsive records. After hearing nothing further from the agency, the New York Times filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. CODREA v. DEPARTMENT OF JUSTICE (filed May 14, 2020)
    David Cordrea submitted a FOIA request to the Department of Justice for records concerning legal positions taken by the government in Second Amendment cases. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Cordrea filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
16. WORTHINGTON v. U.S. DEPARTMENT OF JUSTICE (filed May 14, 2020)
    John Worthington submitted a FOIA request to the Department of Justice for records concerning the West Sound Narcotics Enforcement Team in Kitsap County, Washington. The agency acknowledged receipt of the request. The agency provided records with redactions made under Exemption 7(F) (harm to any person). Worthington filed an administrative appeal, but after hearing nothing further from the agency, Worthington filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
17. Odor et al v. United States Citizenship and Immigration Services (filed May 14, 2020)
    Maryann Odor, Kingsley Ezeokonkwo, and Chelsea Zuzindlak submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning Odor, including her A-file. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Odor and the others filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. CALIFORNIA REINVESTMENT COALITION v. OFFICE OF THE COMPTROLLER OF THE CURRENCY (filed May 15, 2020)
    The California Reinvestment Coalition submitted two FOIA requests to the Office of the Comptroller of the Currency for records concerning proposed changes to the Community Reinvestment Act. The agency acknowledged receipt of the requests but after hearing nothing from the agency pertaining to either request, CRC filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
19. NATIONAL PUBLIC RADIO, INC. et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed May 15, 2020)
    National Public Radio reporter Tim Mak submitted three FOIA requests to the Department of Health and Human Services for records concerning communications between various senior officials and a list of individuals pertaining to the corona virus pandemic. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Mak and NPR filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
20. CALIFORNIA AIR RESOURCES BOARD v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al (filed May 15, 2020)
    The California Air Resources Board submitted FOIA requests to the EPA and the National Highway Traffic Safety Administration for records concerning the agencies’ decision to revoke California’s zero-emissions waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, CARB filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
21. Black Hills Clean Water Alliance v. United States Forest Service et al (filed May 15, 2020)
    The Black Hills Clean Water Alliance submitted a FOIA request to U.S. Forest Service for records concerning mineral mining operations of operation submitted for the Mystic Ranger District. The agency acknowledged receipt of the request. The agency withheld the records under Exemption 4 (confidential business information). The Black Hills Clean Water Alliance filed an administrative appeal. After hearing nothing further from the agency, the Black Hills Clean Water Alliance filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
22. National Public Radio, Inc. et al v. United States Transportation Security Administration (filed May 15, 2020)
    National Public Radio reporter Tim Mak submitted a FOIA request to the Transportation Security Administration for records concerning communications between senior officials and other pertaining to the corona virus. The agency acknowledged receipt of the request and asked Mak to clarify the scope of the request. Mak did so, but after hearing nothing further from the agency, Mak and NPR filed suit.
    Issues: Choice of format, Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 4 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• KUYUMCU v. ROSS et al (filed May 5, 2020)