FOIA Activity: 101 new FOIA court documents, plus case descriptions

We have added 99 documents from 16 FOIA cases filed between August 2, 2020 and August 8, 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. Justice Action Center v. U.S. Department of Homeland Security et al (filed Aug 3, 2020)
   The Justice Action Center submitted FOIA requests to the Department of Homeland Security and the Department of Justice for records concerning the reopening of previously administratively closed removal proceedings for DACA recipients. JAC also requested a fee waiver. The agencies acknowledged receipt of the requests. U.S. Immigration and Customs Enforcement asked JAC to clarify its request, claiming it was too broad to conduct a search. JAC responded to ICE’s allegations. After hearing nothing further from the agencies, JAC filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
2. DIAZ ROSADO v. BARR et al (filed Aug 5, 2020)
   Jose Diaz Rosado, a federal prisoner, submitted a FOIA request to the Department of Justice for records concerning his role as a confidential informant. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Rosado filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Recovery of Costs
3. FOOD & WATER WATCH v. DEPARTMENT OF ENERGY (filed Aug 6, 2020)
   Food & Water Watch submitted a FOIA request to the Department of Energy for records concerning an application submitted by Appalachian Development Group for a loan guarantee for a natural gas liquids storage and trading hub. The agency acknowledged receipt of the request but disclosed a heavily redacted document. FWW filed an administrative appeal of the redactions to the Office of Hearing Appeals. OHA found the search was inadequate and ordered a new search. However, after hearing nothing further from the agency, FWW filed suit
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Aug 6, 2020)
   Judicial Watch submitted a FOIA request to the Indian Health Service, a component of the Department of Health and Human Services, for records concerning a contract awarded to Zach Fuentes LLC for KN95 masks. 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
5. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF JUSTICE et al (filed Aug 7, 2020)
   American Oversight submitted FOIA requests to the Department of Justice, the Department of Homeland Security, and the Department of Defense for records concerning the agencies’ roles in responding to protests. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies pertaining to the requests, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. DUAN v. ALBENCE et al (filed Aug 7, 2020)
   Duan Liping, a Chinese detainee being held at the Fort McHenry Adult Correctional Center, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the risk of contracting Covid-19 at Fort McHenry. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Liping filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. White v. USA (filed Aug 5, 2020)
   Cornelius White filed suit alleging that the FBI had failed to investigate threats made against him. This is not a FOIA suit.
   Issues: FOIA not mentioned
8. Gutierrez Guillen et al v. United States Department of Homeland Security et al (filed Aug 6, 2020)
   Melvin Guiterrez-Guillen and Marleny Pineda Guiterrez, both of whom had been apprehended trying to enter the U.S. crossing the Rio Grande River and was facing removal proceedings, submitted a FOIA request to the Department of Homeland Security for records concerning their reasonable fear interviews. The agency acknowledged receipt of their requests. The agency located 214 pages responsive to Marleny’s request and disclosed 191 pages. The agency located 659 pages responsive to Melvin’s request and disclosed 600 pages. Melvin and Marleny filed administrative appeals. The agency disclosed some more records in response to Melvin’s appeal but after hearing nothing further from the agency, both Melvin and Marleny filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Informed Consent Action Network v. Centers for Disease Control and Prevention (filed Aug 6, 2020)
   The Informed Consent Action Network submitted four FOIA requests to the Centers for Disease Control for records concerning emails received by Nancy Messonnier, Robert Redfield, Frank DiStafano, or Anne Schuchat between November 2019 and the present containing any mention of coronavirus. The agency told ICAN that its requests were too broad to search. ICAN filed an administrative appeal but after hearing nothing further from the agency, ICAN filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. CLEAN AIR COUNCIL v. UNITED STATES DEPARTMENT OF ENERGY (filed Aug 3, 2020)
    The Clean Air Council submitted a FOIA request to the Department of Energy for records concerning media reports that ExxonMobil was planning to build a petrochemical plant in southwest Pennsylvania. The agency acknowledged receipt of the request. After the agency failed to respond, the Clean Air Council filed an administrative appeal of the constructive denial. 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
11. Powell v. USCIS (filed Aug 7, 2020)
    Kellen Powell submitted a FOIA request to U.S. Citizenship and Immigration Service for records on H and L petitions filed with the agency over the past five years. The agency acknowledged receipt of the request. Powell provided the agency with clarification about the records he sought. After hearing nothing further from the agency, Powell filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. GENERAL SERVICES ADMINISTRATION et al (filed Aug 3, 2020)
    Citizens for Responsibility and Ethics in Washington submitted FOIA requests to the General Services Administration, the National Archives and Records Administration, OMB, U.S. Office of Government Ethics, Office of Personnel Management, and the Department of Justice for records concerning the effect of the pandemic on presidential transition processes. CREW also asked for a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, CREW filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Minor v. US Department of the Treasury (filed Aug 4, 2020)
    Laird Minor submitted a FOIA request to the Department of Treasury for records concerning the letter of approval for the sale of Uranium One by the Committee on Foreign Investments in the United States. The agency acknowledged receipt of the request. The agency denied the request under Exemption 3 (other statutes). Minor filed an administrative appeal of the denial. The agency upheld its denial. Minor then filed suit.
    Issues: Exclusions – Disclosure of existence of classified national security investigation, Litigation – Attorney’s fees
14. GOVERNMENT ACCOUNTABILITY PROJECT v. U.S. DEPARTMENT OF TREASURY (filed Aug 5, 2020)
    Government Accountability Project submitted a FOIA request to the Department of Treasury for records concerning the application to the Office of Foreign Assets Control for a license for Delta Crescent Petroleum. GAO also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. OFAC denied GAP’s request for expedited processing. GAP then filed suit.
    Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. Wheeler v. United States Department of Homeland Security (filed Aug 6, 2020)
    John Wheeler submitted a FOIA request to the Department of Homeland Security for records concerning a dog named Lesko stationed at the Canine Center El Paso. The agency acknowledged receipt of the request. However, it assigned three different tracking numbers. After hearing nothing further from the agency, Wheeler filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. Durrell v. United States Department of Health and Human Services (filed Aug 6, 2020)
    William Durrell, an attorney, submitted a FOIA request to the Department of Health and Human Services for records concerning the agency’s investigation of a HIPAA complaint filed against the Porter Medical Center by his client. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Durrell filed suit.
    Issues: 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.

• Luvenia Morris v. U.S. Small Business Administration et al (filed Jul 29, 2020)
• Bonilla Mendez v. Houghton et al (filed Jul 27, 2020)