FOIA Activity: 75 new FOIA court documents, plus case descriptions

We have added 75 documents from 14 FOIA cases filed between August 16, 2020 and August 22, 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. NATIONAL STUDENT LEGAL DEFENSE NETWORK et al v. U.S. DEPARTMENT OF EDUCATION (filed Aug 17, 2020)
   The National Student Legal Defense Network and American Oversight submitted two FOIA requests to the Department of Education for records concerning performance agreements and bonus evaluations between the agency and the Chief Operating Officer of Federal Student Aid for Fiscal Years 2018-2020. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, NSLDN and American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF THE TREASURY (filed Aug 17, 2020)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Treasury for records concerning the agency’s role in selecting Louis DeJoy as head of the Postal Service. The agency acknowledged receipt of the request. The agency told CREW that based on a limited search, the agency was providing three documents responsive to CREW’s request. After hearing nothing further from the agency CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. State of Washington v. Office of Management and Budget (filed Aug 17, 2020)
   The Attorney General of the State of Washington submitted a FOIA request to OMB for records concerning the government’s decision to close the Seattle National Archives facility and move the records to Kansas City and Riverdale, California. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Attorney General filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
4. State of Washington v. United States National Archives and Records Administration (filed Aug 17, 2020)
   The Attorney General of the State of Washington submitted a FOIA request to the National Archives and Records Administration for records concerning the decision to sell the National Archives facility in Seattle. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Attorney General filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
5. State of Washington v. United States General Services Administration (filed Aug 17, 2020)
   The Attorney General of the State of Washington submitted a FOIA request to the General Services Administration for records concerning the decision to sell the Seattle National Archives facility. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Attorney General filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
6. Centro Legal de la Raza v. Federal Bureau of Prisons (filed Aug 19, 2020)
   Centro Legal de la Raza submitted a FOIA request to the Bureau of Prisons for records concerning the agency’s role in administrating the Institutional Hearing Program. The agency acknowledged receipt of the request. The agency disclosed 39 redacted pages. CLR filed an administrative appeal of the agency’s redactions. After hearing nothing further from the agency, CLR filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. DEMOCRACY FORWARD FOUNDATION v. UNITED STATES DEPARTMENT OF THE INTERIOR (filed Aug 19, 2020)
   Democracy Forward Foundation submitted two FOIA requests to the Department of Interior. DFF’s first FOIA request asked for records concerning areas protected by the Coastal Barrier Resources Act. DFF also requested a fee waiver. The agency acknowledged receipt of the request. The agency told DFF that it had located 21 responsive emails and 114 responsive pages. DFF’s second FOIA request asked for records on CBRA-protected areas from the Fish and Wildlife Service. DFF also requested a fee waiver. The agency did not acknowledge the second request. After hearing nothing further from the agency, DFF filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE et al (filed Aug 19, 2020)
   Judicial Watch submitted FOIA requests to the Department of State and the Department of Defense for records concerning the use of chemicals during the Syrian Civil War. Both agencies acknowledged receipt of the requests but after hearing nothing further from either agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
9. OPEN THE GOVERNMENT et al v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Aug 19, 2020)
   Open the Government submitted a FOIA request to the Centers for Disease Control for records concerning communications between the agency, the White House, and senior Health and Human Services officials concerning policies related to the corona virus. Open the Government also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and told Open the Government that it would be unable to respond within the time limits. The agency also asked Open the Government to narrow the scope of its request. Open the Government narrowed the scope of the request. After hearing nothing further from the agency, Open the Government filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Teo v. United States Internal Revenue Service (filed Aug 19, 2020)
    Alfred Teo submitted a FOIA request to the IRS for records concerning the file for Agent Jamie Roberts. Although the agency apparently told Teo’s attorney that it would release Roberts’ file, the agency ultimately told Teo to submit a FOIA request. Teo did so, but after hearing nothing further from the agency Teo filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Open Society Justice Initiative v. Office of the Director of National Intelligence (filed Aug 19, 2020)
    The Open Society Justice Initiative submitted a FOIA request to the Office of the Director of National Intelligence for records concerning the killing of journalist Jamil Khashoggi. OSJI also requested expedited processing and a fee waiver. ODNI acknowledged receipt of the request. It granted OSJI’s request for a fee waiver but denied its request for expedited processing. After hearing nothing further from the agency, OSJI filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Wood v. Federal Bureau of Investigation (filed Aug 19, 2020)
    James Wood submitted two FOIA requests to the FBI for records concerning the 1993 kidnapping of Polly Klaas from her home in Petaluma, California. Wood alleged that the agency denied the records based on privacy concerns but did not cite any exemption. Wood then filed suit.
    Issues: Failure to respond within statutory time limit
13. Wood v. United States Air Force (filed Aug 19, 2020)
    James Wood submitted two FOIA requests to the Department of Air Force for records concerning two SR-71 fly-overs of Polly Klaas’ house in Petaluma, California. After hearing nothing further from the agency, Wood filed suit.
    Issues: Failure to respond within statutory time limit
14. AMERICAN CIVIL LIBERTIES UNION et al v. FEDERAL BUREAU OF PRISONS (filed Aug 21, 2020)
    The American Civil Liberties Union submitted a FOIA request to the Bureau of Prisons for records concerning the impact of COVID-19 and cost and staffing data pertaining to federal executions. The ACLU also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency.
    Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver