CODEBREAKER FILMS LLC v. FEDERAL BUREAU OF INVESTIGATION et al and 14 other new FOIA lawsuits

We have added 86 documents from 14 FOIA cases filed between September 27, 2020 and October 3, 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. CODEBREAKER FILMS LLC v. FEDERAL BUREAU OF INVESTIGATION et al (filed Sep 30, 2020)
   Codebreaker Films, a documentary film production company, submitted a FOIA request to the FBI for records concerning audio or video images related to the agency’s investigation of Reality Winner. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Codebreaker Films filed an administrative appeal of the denial. The FBI then reversed its position, saying Exemption 7(A) was no longer applicable. The agency indicated that the request fell within the unusual circumstances exception and would take time to process. Codebreaker also submitted a Privacy Act waiver from Winner. After hearing nothing further from the agency, Codebreaker Films filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Ingrid V. Eagly v. Federal Bureau Of Prisons et al (filed Sep 30, 2020)
   Ingrid Eagly, a law professor at UCLA Law School, submitted a FOIA request to the Bureau of Prisons for records concerning policies governing the Institutional Hearing Program. Eagly submitted a second FOIA request to BOP for records on implementation of immigration enforcement through BOP. The agency acknowledged receipt of the requests and told Eagly that it was working on processing her requests. After hearing nothing further from the agency, Eagly filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Ecological Rights Foundation v. United States Environmental Protection Agency (filed Oct 2, 2020)
   The Ecological Rights Foundation submitted a FOIA request to the EPA for records concerning a letter from the agency to California Gov. Gavin Newsom alleging that California had failed to abide by its obligations under the Clean Water Act and the Safe Drinking Water Act. EcoRights also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied EcoRights’ request for expedited processing. After hearing nothing further from the agency, EcoRights filed suit, alleging that the agency had a pattern or practice of intentionally failing to respond within the statutory time limit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Ecological Rights Foundation v. U.S. Environmental Protection Agency (filed Oct 2, 2020)
   The Ecological Rights Foundation submitted a FOIA request to the EPA for records concerning a 2019 memo issued by the Department of Justice abandoning a long-time policy of using supplemental environmental projects (SEP), as part of environmental violation settlements. Previously, SEPs required violators to complete environmental projects agreed to by state or local government. The agency acknowledged receipt of the request and told EcoRights that it would begin processing its request. After hearing nothing further from the agency, EcoRights filed suit, alleging the EPA had a pattern or practice of failing to respond to FOIA requests within the statutory time limit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. GANDLUR v. FEDERAL BUREAU OF INVESTIGATION et al (filed Sep 28, 2020)
   Shrey Gandlur submitted a FOIA request to the FBI for records concerning communications between the FBI and the New York City police department pertaining to arrests of protesters associated with anti-Fascist sentiments. Gandlur also requested expedited processing and a fee waiver. The FBI acknowledged receipt of the request and denied Gandlur’s request for expedited processing. Gandlur filed an administrative appeal of the denial of expedited processing. The agency then told Gandlur that it found no responsive records. Gandlur filed an administrative appeal of the no records decision, attaching several media accounts concerning such communications. The FBI affirmed its original response. Gandlur then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
6. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF THE TREASURY et al (filed Oct 1, 2020)
   American Oversight submitted FOIA requests to the Department of Treasury for records concerning IRS resumes, ethics forms, and communications. American Oversight also submitted FOIA requests to Treasury for records concerning communications with the White House as well as communications with the IRS. The agency acknowledged receipt of the request 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, Litigation – Vaughn index
7. ALFORD v WILKIE (filed Oct 1, 2020)
   Leroy Alford filed suit against the Department of Veterans Affairs for maintaining inaccurate records concerning his Counseling/Evaluation/Rehabilitation file. Alford’s cause of action is under the Privacy Act rather than FOIA.
   Issues: Litigation – Recovery of Costs
8. PROTECT DEMOCRACY PROJECT, INC. v. UNITED STATES DEPARTMENT OF JUSTICE (filed Oct 2, 2020)
   The Protect Democracy Project submitted a FOIA request to the Department of Justice for records concerning the participation of U.S. Postal Inspection Service staff in a DOJ voter fraud task force. PDP also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and told PDP that it fell under the unusual circumstances exception and that it would take more time to process. After hearing nothing further from the agency, PDP filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
9. Lawyers for Civil Rights v. United States Citizenship and Immigration Services (filed Sep 29, 2020)
   Lawyers for Civil Rights submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the agency’s interpretation of the public charge provision in the Immigration and Nationality Act. The agency acknowledged receipt of the request. The agency told LCR that its request was currently number 480 in a queue of 1459 pending requests. LCR then filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Ryan LLC v. US Department of the Interior et al (filed Sep 30, 2020)
    Ryan LLC, an accounting firm that provided services for oil-industry clients, filed a reverse-FOIA against the Department of Interior after being notified that the Inspector General’s Office had received a FOIA request for records that included potentially confidential information provided by Ryan.
    Issues: Litigation – Attorney’s fees, Litigation – Reverse-FOIA – Confidential business information
11. Peterson Wampold Rosato Feldman Luna v. United States Coast Guard (filed Sep 30, 2020)
    The law firm of Peterson Wampold Rosato Feldman Luna, representing a client, submitted a FOIA request to U.S. Coast Guard for records concerning a call for rescue at the Port Bridge. The agency acknowledged receipt of the request. The agency told the law firm that it had located 86 potentially responsive pages. However, after hearing nothing further from the agency, the law firm filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
12. Knowledge Ecology International v. National Institutes of Health (filed Sep 29, 2020)
    Knowledge Ecology International submitted FOIA requests to the National Institute of Health for records. One concerned correspondence between NIH Director Francis Collins and pharmaceutical industry representatives. KEI also requested a fee waiver. Other requests asked for records concerning budgets for clinical trials. The agency acknowledged receipt of the requests but after the agency failed to respond substantively, KEI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
13. Texas Public Radio v. U.S. Department of Agriculture (filed Sep 29, 2020)
    Texas Public Radio submitted a FOIA request to the Department of Agriculture for records concerning a bid proposal from CRE8AD8 for a contract for food delivery services even though the company had no apparent experience with such work. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Texas Public Radio filed suit.
    Issues: Choice of format, Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. REED SMITH LLP v. FOOD AND DRUG ADMINISTRATION (filed Oct 1, 2020)
    The law firm of Reed Smith LLP submitted a FOIA request to the FDA for records concerning a July 2020 report issued by the National Academies of Sciences, Engineering and Medicine on the clinical utility of compounded bioidentical hormone theory. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Reed Smith filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 6 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• SCHAEFER v. ENVIRONMENTAL PROTECTION AGENCY (filed Sep 21, 2020)