AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE et al and 13 other new FOIA lawsuits, plus case descriptions

We have added 84 documents from 12 FOIA cases filed between July 12, 2020 and July 18, 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. U.S. DEPARTMENT OF STATE et al (filed Jul 16, 2020)
   American Oversight submitted FOIA requests to the Department of State, the General Services Administration, the Army, and the Navy for records concerning communications related to allowing Secretary Michael Pompeo to use military housing. The agencies acknowledged receipt of the requests but after hearing anything further from any of the agencies, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
2. Cobble v. Georgia Attorney General et al (filed Jul 13, 2020)
   Daniel Cobble filed suit against the Georgia Attorney General and the U.S. Attorney General for mistreatment. This is not a FOIA claim.
   Issues: FOIA not mentioned
3. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. NATIONAL PARK SERVICE (filed Jul 13, 2020)
   Public Employees for Environmental Responsibility submitted a FOIA request to the National Park Service for records concerning the handling of the Lafayette Square protests. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Troise v. Flake et al (filed Jul 13, 2020)
   Robert Troise filed suit against Sara Flake, Allison Sullivan, Monica TaFoya, and Charles Rettis. This is not a FOIA case.
   Issues: FOIA not mentioned
5. HARRINGTON v. FOOD AND DRUG ADMINISTRATION et al (filed Jul 14, 2020)
   Kohl Harrington, a documentary filmmaker, submitted eight FOIA requests to the FDA for records concerning an investigation of the effect of dog food on the health of dogs. Several of the requests asked for communications of specific officials. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Harrington filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. LOS PADRES FORESTWATCH v. U.S. FOREST SERVICE (filed Jul 15, 2020)
   Los Padres ForestWatch submitted a FOIA request to U.S. Forest Service for records concerning a special use permit granted to Parks Management Company to manage recreation throughout the Los Padres National Forest. Los Padres ForestWatch also requested a fee waiver. The agency acknowledged the receipt of the request, told Los Padres ForestWatch that the request had been sent to the Pacific Northwest Region, and indicated that it would not charge search fees because it could not respond within 20 days. After hearing nothing further from the agency, Los Padres ForestWatch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. PROJECT ON GOVERNMENT OVERSIGHT v. U.S. SMALL BUSINESS ADMINISTRATION (filed Jul 15, 2020)
   The Project on Government Oversight submitted a FOIA request to U.S. Small Business Administration for data concerning payments under the payroll protection act. The agency acknowledged receipt of the request but after hearing nothing further from the agency, POGO filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Ryan, LLC v. U.S. Department of the Interior et al (filed Jul 15, 2020)
   Ryan LLC, a global tax services and software provider, was notified that potentially confidential business information was part of a FOIA request submitted for a specific report prepared by the Office of the Inspector General at the Department of Interior. Ryan then submitted a FOIA request to the agency for the revised OIG report. The agency provided a copy of the report, but after the agency refused to redact the report in line with Ryan’s suggestions, Ryan filed a reverse-FOIA suit to block disclosure.
   Issues: Litigation – Attorney’s fees, Litigation – Reverse-FOIA – Confidential business information
9. Carmody et al v. Federal Bureau of Investigation (filed Jul 17, 2020)
   Bryan Carmody, a freelance journalist, and the First Amendment Coalition submitted a FOIA request to the FBI for records concerning a police raid at Carmody’s home that included several FBI agents. Carmody also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The FBI denied the request on the basis of Exemption 7(A) (interference with ongoing investigation or proceeding). Carmody and FAC filed an administrative appeal. The agency denied the appeal. Carmody and FAC then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
10. STARK LINK ENGINEERING EQUIPMENT TRADING v. U.S. CUSTOMS AND BORDER PROTECTION (filed Jul 17, 2020)
    Stark Link Engineering Equipment Trading submitted a FOIA request to U.S. Customs and Border Protection for records concerning Customs Case No. 2019-5201-000352-01. The agency acknowledged receipt of the request and told Stark that it needed to provide a third-party authorization before it would process the request. Stark provided third-party authorization but when Stark heard nothing further from the agency, it filed an administrative appeal. After hearing nothing further Stark filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Informed Consent Action Network v. United States Food and Drug Administration (filed Jul 17, 2020)
    The Informed Consent Action Network submitted a FOIA request to the FDA for records concerning the use of the drug Menveo as a placebo during tests for a corona virus vaccine. ICAN asked for expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ICAN filed suit.
    Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Scandling v. United States Department of Labor (filed Jul 17, 2020)
    Jonathan Scandling submitted a FOIA request to the Department of Labor for records concerning training of Wage and Hour Division investigators regarding the Fair Labor Relations Act. The agency acknowledged receipt of the request and asked for an extension. After hearing nothing further from the agency, Scandling filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 2 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• CASE NUMBER NOT USED (filed Jul 8, 2020)
• ANDERSON v. UNITED STATES OF AMERICA (filed Jul 7, 2020)