FOIA Activity: 95 new FOIA court documents, plus case descriptions

We have added 95 documents from 15 FOIA cases filed between July 19, 2020 and July 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. Galliani et al v. Internal Revenue Service (filed Jul 20, 2020)
   Raymond and Sharon Galliani submitted a FOIA request through their attorneys to the IRS for records concerning their tax records. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Gallianis filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE et al (filed Jul 20, 2020)
   Judicial Watch submitted FOIA requests to the FBI and the Office of the Director of National Intelligence for records concerning a January 5, 2017 White House meeting with then President Obama and Vice President Biden that included the FBI and ONDI. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. PUBLIC CITIZEN, INC. v. NATIONAL RAILROAD PASSENGER CORPORATION (filed Jul 20, 2020)
   Public Citizen submitted a FOIA request to National Railroad Passenger Corporation for records concerning Amtrak’s implementation and use of mandatory mediation clauses for passengers. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Public Citizen filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. New York Civil Liberties Union v. Office of Refugee Resettlement et al (filed Jul 20, 2020)
   The New York Civil Liberties Union submitted a FOIA request to the Office of Refugee Resettlement, part of the Administration for Children and Families at the Department of Health and Human Services, for records concerning a policy change prohibiting ORR shelters from transporting children to offices of their attorneys. NYCLU also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. NYCLU filed an administrative appeal when the agency failed to respond within the statutory time limit. After hearing nothing further from the agency, NYCLU filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
5. Southern California Public Radio v. United States Small Business Administration (filed Jul 21, 2020)
   Reporter Emily Guerin of KPCC/LA submitted a FOIA request to the U.S. Small Business Administration for records concerning a list of recipients of payroll protection loans in California. The agency acknowledged receipt of the request and told Guerin that it would provide the records in full. However, after hearing nothing from the agency, Guerin filed an administrative appeal. After hearing nothing further, Guerin filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF THE INTERIOR (filed Jul 21, 2020)
   The Center for Biological Diversity submitted a FOIA request to the Department of Interior for records concerning the agency’s directive to the North Cascades National Park to stop work on its environmental impact statement regarding grizzly bear recovery. The agency acknowledged of the request. However, after waiting more than 13 months for a response, CBD filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. WILLKIE FARR & GALLAGHER LLP et al v. UNITED STATES CENTRAL COMMAND J6-RDF (FOIA) (filed Jul 21, 2020)
   The law firm of Willkie Farr & Gallagher submitted eight FOIA requests to U.S. Central Command for records concerning the deaths or injuries of their clients in Iraq. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Willkie Farr & Gallagher filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Gossens v. US Department of Labor Wage and Hour Division (filed Jul 21, 2020)
   Ryan Gossens submitted a FOIA request to the Department of Labor for records concerning his wage complaint pertaining to payments made by the contractor for a Federal Highway Administration project. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gossens filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jul 22, 2020)
   The White Coat Waste Project submitted a FOIA request to the FDA for records concerning named staffers in the Center for Drug Evaluation and Research pertaining to attempts by Vanda Pharmaceuticals to avoid the agency’s testing requirements for using dogs. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the White Coat Waste Project filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Derden et al v. US Department of Homeland Security et al (filed Jul 22, 2020)
    Nicole Derden, an immigration attorney, and Jose Guadalupe Godoy Pineda submitted FOIA requests to the Department of Homeland Security for records concerning his immigration status and internal immigration enforcement. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Derden filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF EDUCATION (filed Jul 23, 2020)
    Judicial Watch submitted a FOIA request to the Department of Education for records concerning schools under investigation for accepting foreign gifts over $250,000 in violation of Section 117 of the Higher Education Act. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Jul 23, 2020)
    American Oversight submitted FOIA requests to the Department of Homeland Security for records concerning the agency’s response or investigation of the deaths of specific detainees and/or contractors American Oversight also requested a fee waiver. The agency acknowledged receipt of the requests and granted American Oversight’s request for a fee waiver. 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
13. WITTES v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (filed Jul 23, 2020)
    Benjamin Wittes and Scott Anderson, editors of Lawfare, submitted two FOIA requests to the Office of the Director of National Intelligence. Their first request asked for records concerning the Analytic Objectivity and Process Surveys from 2015 through 2020. Their second request asked for records concerning the intelligence community employee climate survey from 2015 through 2020. Wittes and Anderson also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, Wittes and Anderson filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
14. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. NATIONAL PARK SERVICE (filed Jul 23, 2020)
    Public Employees for Environmental Responsibility submitted five FOIA requests to the National Park Service for records concerning the installation of communication equipment in five different parks. The agency acknowledged receipt of the requests. After hearing nothing further from the agency pertaining to any of the requests, PEER filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. The New York Times Company et al v. Department Of Justice (filed Jul 23, 2020)
    New York Times reporter Charlie Savage submitted a FOIA request to the Department of Justice for records concerning emails to or from the White House mentioning Omarosa Newman, who had worked in the White House before being terminated. The agency acknowledged receipt of the request. The agency disclosed six pages but withheld 41 pages entirely under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). The New York Times submitted an administrative appeal. The agency upheld its original decision. The New York Times then filed suit.
    Issues: Litigation – Attorney’s fees