REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS v. OFFICE OF INFORMATION POLICY et al and 18 other new FOIA lawsuits
We have added 144 documents from 16 FOIA cases filed between July 26, 2020 and August 1, 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.
- REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS v. OFFICE OF INFORMATION POLICY et al (filed Jul 31, 2020)
The Reporters Committee for Freedom of the Press submitted a FOIA request to the Office of Information Policy for records concerning the office’s response to the OGIS Empowerment Act of 2018, which would have required agencies to make records needed by OGIS to conduct its review of complaints available to OGIS. OIP acknowledged receipt of the request but had not responded after a year. The Reporters Committee then submitted a second FOIA request asking for records pertaining to the processing of its first FOIA request. The Reporters Committee also requested inclusion in the news media fee category. The agency acknowledged receipt of the request but after hearing nothing further from OIP, the Reporters Committee filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - CONCRETE STRATEGIES, LLC v. NAVAL FACILITIES ENGINEERING COMMAND et al (filed Jul 26, 2020)
Concrete Strategies LLC, a subcontractor on a Navy facilities contract, submitted a FOIA request to the Naval Facilities Engineering Command for records concerning the contract. The agency acknowledged receipt of the request and told CSI that it would cost $2,284 to respond to the request. After hearing nothing further from the agency, CSI filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - CLEAN AIR COUNCIL v. FEDERAL ENERGY REGULATORY COMMISSION (filed Jul 27, 2020)
The Clean Air Council submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning communications from energy companies pertaining to pipeline proposals in Pennsylvania. After hearing nothing further from the agency, the Clean Air Council filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF STATE (filed Jul 28, 2020)
Citizens for Responsibility and Ethics in Washington submitted two FOIA requests to the Department of State for records concerning the agency’s pattern of releasing records to Congress along party lines. CREW also requested a fee waiver. After hearing nothing further from the agency pertaining to either request, CREW filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - HARRINGTON v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Jul 28, 2020)
Kohl Harrington, a documentary filmmaker, submitted FOIA requests to the National Archives and Records Administration for records concerning communications from several staffers at the Office of Government Information Services concerning his complaints to OGIS. 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 - Justice & Diversity Center of the Bar Association of San Francisco et al v. Department of Homeland Security et al (filed Jul 29, 2020)
The Justice & Diversity Center of the Bar Association of San Francisco and other immigrant rights groups submitted a FOIA request to the Department of Homeland Security for records concerning the agency’s Alternatives to Detention program. The agency acknowledged receipt of the request but after hearing nothing further from the agency the coalition filed an administrative appeal. After hearing nothing further from the agency, the immigrant rights coalition filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - SHTEYNSHLYUGER v. CENTERS FOR MEDICARE & MEDICAID SERVICES et al (filed Jul 29, 2020)
Alex Shteynshlyuger, a doctor, submitted eight FOIA requests to the Centers for Medicare and Medicaid Services for records concerning various named complaints. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Shteynshlyuger filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF STATE (filed Jul 30, 2020)
Citizens for Responsibility and Ethics in Washington submitted a FOIA request for records concerning Madison Dinners hosted at the State Department by Secretary of State Michael Pompeo. CREW also requested a fee waiver. The agency acknowledged receipt of the request and told CREW it would make a decision on its fee waiver request later. After hearing nothing further from the agency, CREW filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - TOBIAS v. NATIONAL PARK SERVICE et al (filed Jul 30, 2020)
Journalist Jimmy Tobias submitted nine FOIA requests to the National Park Service for records concerning policies for deploying Park Police to federal sites where protests were taking place. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Tobias filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - IMMIGRANT INVESTORS ASSOCIATION, INC. v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed Jul 30, 2020)
The Immigrant Investors Association submitted more than 80 FOIA requests to U.S. Citizenship and Immigration Services for records concerning the agency’s adjudication of EB-5 immigrant investor applications. After the agency failed to respond to any of its requests, IIA filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - LOUISIANA CAPITAL ASSISTANCE CENTER v. FEDERAL BUREAU OF PRISONS (filed Jul 30, 2020)
The Louisiana Capital Assistance Center submitted five FOIA requests to the Bureau of Prisons for records concerning named federal prisons. The agency acknowledged receipt of the requests and told LCAC that it would cost thousands of dollars to search for records responsive to several requests. LCAC committed to paying the costs but after hearing nothing further from the agency, LCAC filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - PHILLIPS v. ADMINISTRATION FOR CHILDREN AND FAMILIES et al (filed Jul 30, 2020)
Joshua Phillips, a freelance journalist, submitted two FOIA requests to the Administration for Children and Families for records. The first request asked for records concerning emergency operational planning. The second request asked for records concerning mental health intervention. Phillips also requested expedited processing. The agency acknowledged receipt of the requests and granted expedited processing. After hearing nothing further from the agency, Phillips filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Sierra Club v. Fish and Wildlife Services of the United States (filed Jul 31, 2020)
The Sierra Club submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning proposed vehicle barriers and border walls along the U.S.-Mexico border. The agency acknowledged receipt of the request. The agency disclosed 71 records, redacted portions of 37 records, and withheld 20 records in full, citing Exemption 3 (other statutes), Exemption 5 (privileges), and Exemption 7(C) (invasion of privacy concerning law enforcement records). The Sierra Club filed an administrative appeal, but after hearing nothing further from the agency, the Sierra Club filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICAN OVERSIGHT v. U.S. CENSUS BUREAU et al (filed Jul 31, 2020)
American Oversight submitted five FOIA requests to U.S. Census Bureau for records concerning the agency’s response to the corona virus pandemic. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, American Oversight filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jul 31, 2020)
Judicial Watch submitted a FOIA request to U.S. Secret Service for records concerning international and domestic travel by Hunter Biden that involved Secret Service protection. The agency acknowledged receipt of the request and disclosed eight pages of records it had shared with two Senate committees. While Judicial Watch indicated those records were responsive, it complained that they did not cover the time frame of the request. After unsuccessfully trying to contact the Secret Service, Judicial Watch filed suit.
Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index - LinTech Global, Inc. v. Federal Aviation Administration (filed Jul 31, 2020)
Lintech Global filed suit against CAN SoftTech, accusing the company of using a Federal Aviation Administration contract for its own benefit. Part of Lintech Global’s litigation involved a subpoena to the FAA for relevant records. The agency converted the subpoeona into a FOIA request. The agency told Lintech Global that it would cost $8,330 to process the request. Lintech Global ultimately filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
In addition, we have added 9 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.
- FRIENDS OF THE EARTH et al v. DEPARTMENT OF THE TREASURY (filed Jul 24, 2020)
- AMIRI v. NATIONAL SCIENCE FOUNDATION (filed Jul 21, 2020)
- DAY v. UNITED STATES DEPARTMENT OF STATE (filed Jul 21, 2020)
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