CENTER FOR BIOLOGICAL DIVERSITY v. U.S. ARMY GARRISON, FORT HUACHUCA et al and 9 other new FOIA lawsuits

We have added 94 documents from 10 FOIA cases filed between October 4, 2020 and October 10, 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. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. ARMY GARRISON, FORT HUACHUCA et al (filed Oct 7, 2020)
   The Center for Biological Diversity submitted FOIA requests to U.S. Army Garrison, Fort Huachuca and U.S. Fish and Wildlife Services for records concerning the 2014 administrative record pertaining to future military operations at Fort Huachuca. Both agencies acknowledged receipt of the request. USAG asked CBD if it would accept access to the administrative record that was publicly available because of a 2016 lawsuit. CBD reviewed that version and indicated that it was not responsive to some parts of its request. After hearing nothing further from either agency, CBD filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. AGUASVIVAS v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al (filed Oct 5, 2020)
   Cristian Aguasvivas, who was fighting extradition to the Dominican Republic pertaining to an alleged 2013 murder, submitted FOIA requests to U.S. Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services, and the Department of State. Aguasvivas submitted two FOIA requests to ICE for records. One was for records of communications concerning him while the other was for records concerning the U.S. policy on returning individuals who might face torture in their home country. ICE disclosed 10 pages of heavily redacted emails in response to the first request, with redactions under Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records). Aguasvivas filed an administrative appeal of the response. ICE upheld its exemption claims but agreed to conduct a broader search. However, the agency had not conducted a search before Aguasvivas filed suit. In response to his second request to ICE pertaining to policies to not return individuals subject to torture in their home countries, ICE told Aguasvivas that his request was too broad to search. He appealed that decision, but the agency upheld it. Aguasvivas asked USCIS for his files. The agency provided 1527 pages entirely, 46 pages in part, but withheld an additional 332 pages. Aguasvivas filed an administrative appeal of the response but heard nothing further from the agency before filing suit. Aguasvivas’s request to the Department of State asked for records concerning his extradition. The agency acknowledged receipt of that request, but after hearing nothing further from any of the agencies, Aguavivas filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. DEMOCRACY FORWARD FOUNDATION v. U.S. AGENCY FOR GLOBAL MEDIA (filed Oct 7, 2020)
   Democracy Forward Foundation submitted a FOIA request to U.S. Agency for Global Media for records concerning policy changes made by Chief Executive Officer Michael Pack. DFF also requested a fee waiver. The agency acknowledged receipt of the request. DFF inquired several times about the status of its request without success. After hearing nothing further from the agency, DFF filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
4. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES FOREST SERVICE (filed Oct 7, 2020)
   Public Employees for Environmental Responsibility submitted a FOIA request to U.S. Forest Service for records concerning a 2018-19 audit of the Tongass National Forest timber sale program. 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
5. Lattin v. The Federal Bureau of Investigation (filed Oct 7, 2020)
   Jamie Lattin submitted a FOIA request to the FBI for records concerning an investigation of a targeted threat against Aztec High School that was closed in March 2016. The agency acknowledged receipt of the request but denied the request entirely under Exemption 7(A) (interference with ongoing investigation or proceeding). Lattin filed an administrative appeal with the Office of Information Policy. OIP acknowledged receipt of the request, but after hearing nothing further from the agency, Lattin filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Goodman v. Department of Defense (filed Oct 7, 2020)
   Ryan Goodman, a former special counsel to the general counsel of the Department of Defense and founding co-editor of the online publication Just Security, submitted two FOIA requests to the Department of Defense. The first request asked for the number of troops currently stationed in the Middle East and Afghanistan, which previously had been available from the Defense Manpower Data Center. His second FOIA request asked for records explaining why those numbers had been redacted under the Trump administration. Goodman also requested expedited processing. The agency told Goodman that his requests qualified for the unusual circumstances exception. The agency also denied his request for expedited processing. After hearing nothing further from the agency concerning either of his requests, Goodman filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
7. Bligen v. Navient (filed Oct 7, 2020)
   Dejan Bligan filed suit against Navient, asking for records about a credit dispute. This is not a FOIA claim.
   Issues: FOIA not mentioned
8. LEGAL EAGLE, LLC v. COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY et al (filed Oct 9, 2020)
   Legal Eagle submitted FOIA requests to the Council of the Inspector General on Integrity and Efficiency and a number of agencies for records concerning the prevalence of allegations against Inspectors General throughout the executive branch. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Legal Eagle filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
9. Knowledge Ecology International v. National Institutes of Health (filed Oct 9, 2020)
   Knowledge Ecology International submitted FOIA requests to the National Institute of Health for records concerning the development and costs of a corona virus vaccine. The agency acknowledged receipt of the requests and for at least one request it withheld all records under Exemption 5 (privileges). After hearing nothing further from the agency pertaining to any of its requests, KEI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
10. Knowledge Ecology International v. National Institutes of Health (filed Oct 9, 2020)
    Knowledge Ecology International submitted FOIA requests to the National Institute of Health for records concerning the development and costs of a corona virus vaccine. KEI also requested expedited processing. The agency acknowledged receipts of the requests. The agency denied KEI’s request for expedited processing. In response to at least one request it withheld all records under Exemption 5 (privileges). After hearing nothing further from the agency pertaining to any of its requests, KEI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index