CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. POSTAL SERVICE and 20 other new FOIA lawsuits

We have added 107 documents from 18 FOIA cases filed between October 11, 2020 and October 17, 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. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. POSTAL SERVICE (filed Oct 13, 2020)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to U.S. Postal Service for records concerning ethics agreements and guidance pertaining to Postmaster Paul DeJoy. CREW also requested a fee waiver. The agency acknowledged receipt of the request. The agency told CREW it had found 11 responsive pages but was withholding them all under Exemption 6 (invasion of privacy). CREW filed an administrative appeal of the denial. After hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Swords to Plowshares et al v. U.S. Department of Veterans Affairs (filed Oct 14, 2020)
   Swords to Plowshares and the National Veterans Legal Services Program submitted FOIA requests to the Department of Veterans Affairs for records concerning a proposed rule limiting veterans benefit eligibility to in service conduct and not considering extenuating circumstances. The agency acknowledged receipt of the requests. The agency took a 10-day extension for its response. After hearing nothing further from the agency, the two organizations filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. American Small Business League v. United States Office of Management and Budget et al (filed Oct 13, 2020)
   The American Small Business League submitted FOIA requests to the Office of Management and Budget and the U.S. Small Business Administration. The ASBL’s request to OMB asked for records concerning the federal acquisition budget for FY 2017 through FY 2019. The agency acknowledged receipt of the request but subsequently told ASBL that it had no records responsive to the request. ASBL filed an administrative appeal. ASBL’s request to SBA asked for records concerning the identifies of various staff members and communications pertaining to calls to or from Press Office Director Terry Sutherland. ASBL also requested a fee waiver. The agency acknowledged receipt of the request. The agency rejected ASBL’s request for a fee waiver and told it instead that processing the request would cost $12,584. The ASBL filed an administrative appeal of the fee waiver denial. After hearing nothing further from either agency, ASBL filed suit.
   Issues: Failure to respond within statutory time limit, Fee Category – Media or Educational, Litigation – Attorney’s fees, Public Interest Fee Waiver
4. DEBUSE v. DEPARTMENT OF THE NAVY (filed Oct 13, 2020)
   Robert DeBuse submitted a FOIA request to the Department of Navy for records submitted to the Senate Armed Services Committee to review in connection with his nomination for Captain. He was denied the promotion and believed the denial was based on inaccurate information provided to the Senate. DeBuse also requested expedited processing. The Navy acknowledged receipt of the request but closed the request, claiming that any records would be in the possession of the Board of Correction for Naval Records. DeBuse then filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF ENERGY (filed Oct 15, 2020)
   The Center for Biological Diversity submitted a FOIA request to the Department of Energy for records concerning communications between DOE and non-federal agency individuals referencing the 2019 North American Energy Resilience Model. The agency acknowledged receipt of the request. The agency told CBD that it was processing the request but after hearing nothing further from the agency, CBD filed suit
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF THE INTERIOR (filed Oct 15, 2020)
   Citizens for Responsibility and Ethics in Washington submitted two FOIA requests to the Department of Interior for records. The first FOIA request concerned the costs of developing a video entitled Protecting Our National Parks, Public Lands for Future Generations. CREW also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and invoked a 10-day extension. CREW’s second request asked the National Park Service for records showing the cost of a fireworks display on the Washington Monument grounds on August 27 hosted by the Republican National Committee. The agency acknowledged receipt of the request and later told CREW that it was processing responsive records. After hearing nothing further from the agency pertaining to either request, CREW filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. POSNER v.UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Oct 15, 2020)
   Sarah Posner, an investigative journalist, submitted eight FOIA requests to the Department Health and Human Services for records concerning interactions with outside organizations pertaining to the development of policies on religious freedom and awarding agency contract to religious organizations. The agency acknowledged receipt of the requests. Posner filed an administrative appeal for one of her requests. After hearing nothing further from the agency pertaining to any of her requests, Posner filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. SHTEYNSHLYUGER v. CENTERS FOR MEDICARE AND MEDICAID SERVICES et al (filed Oct 16, 2020)
   Alex Schteynshlyuger, a doctor who wrote about health economics, submitted eight FOIA requests to the Centers for Medicare and Medicaid Services for records concerning a variety of topics. The agency acknowledged receipt of the requests. In response to one request, the agency withheld some records under Exemption 4 (confidential business information). Schteynshlyuger filed an administrative appeal of that decision. After hearing nothing further from the agency pertaining to any of his requests, Schteynshlyuger filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. KNOWLEDGE ECOLOGY INTERNATIONAL v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES et al (filed Oct 16, 2020)
   Knowledge Ecology International submitted FOIA requests to the Department of Health and Human Services and the U.S. Army for records concerning development of vaccines for the corona virus. The agencies acknowledged receipt of the requests. HHS withheld some records under Exemption 4 (confidential business records). KEI filed an administrative appeal of those withholdings. After hearing nothing further from either agency pertaining to its requests, KEI filed suit.
   Issues: Exemption 4 – Confidential business information, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
10. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Oct 17, 2020)
    The American Wild Horse Campaign submitted four FOIA requests to the Bureau of Land Management for records concerning the BLM Wild Horse and Burro Program RFI/SS Mare Sterilization Methods Market Research Questionnaire. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, American Wild Horse Campaign filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Curry v. NSA (filed Oct 14, 2020)
    James Curry submitted a FOIA request to the National Security Agency for records concerning the agency’s interception of cockpit-control tower communications. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Curry filed an administrative appeal. After hearing more, Curry filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Rise for Animals et al v. Animal and Plant Health Inspection Service et al (filed Oct 16, 2020)
    Rise for Animals and the Animal Legal Defense Fund submitted a FOIA request top the Animal and Plant Health Inspection Service for records concerning instructions and guidance for inspecting research laboratories. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Rise for Animals and the Animal Legal Defense Fund filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. SIERRA CLUB v. UNITED STATES DEPARTMENT OF ENERGY (filed Oct 16, 2020)
    The Sierra Club submitted two FOIA requests to the Department of Energy for records concerning the application by the Central Maine Power Company to the agency for a Presidential Permit to construct and operate an electric transmission line across the United States border with Canada. The agency acknowledged receipt of the requests and told the Sierra Club that it was processing the request. After hearing nothing further from the agency, the Sierra Club filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Volovets v. Trump et al (filed Oct 13, 2020)
    Naum Volovets filed suit against President Donald Trump, Secretary of State Mike Pompeo and others for failing to disclose information about a treaty with Ukraine pertaining to investments. This is not a FOIA case.
    Issues: FOIA mentioned only tangentially
15. PFEIFFER v. UNITED STATES DEPARTMENT OF ENERGY (filed Oct 12, 2020)
    Martin Pfeiffer, a Ph.D. candidate in anthropology at the University of New Mexico, submitted five FOIA requests to the Department of Energy’s National Nuclear Safety Administration for records concerning nuclear semiotics and nuclear weapons history. Pfeiffer also requested inclusion in the news media and educational fee category. The agency acknowledged receipt of the requests but denied Pfeiffer’s request for inclusion in the news media and educational institution fee category. Pfeiffer filed an administrative appeal. The agency denied Pfeiffer’s appeal. Pfeiffer then filed suit.
    Issues: Fee Category – Media or Educational, Litigation – Attorney’s fees
16. RSM US LLP v. Centers for Medicare & Medicaid Services, (filed Oct 12, 2020)
    RSM US LLP, an Iowa partnership, submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning the liquidation of CoOportunity. The agency acknowledged receipt of the request. The agency told RSM US LLP that it was withholding all responsive records under Exemption 5 (privileges). RSM US LLP filed an administrative appeal of that decision. The agency subsequently disclosed a handful of records. After hearing nothing further from the agency, RSM US LLP filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. Cottrell v. DeVillers et al (filed Oct 12, 2020)
    Jeffrey Cottrell filed suit against the Department of Agriculture and the Department of Justice to force them to respond to FOIA requests he had submitted about his farming operation. After the agencies failed to respond, Cottrell filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. PUBLIC CITIZEN v. NATIONAL INSTITUTES OF HEALTH et al (filed Oct 15, 2020)
    Public Citizen submitted two FOIA requests to the National Institute of Health. The first request was for records concerning the Accelerated COVID-19 Therapeutics Interventions and Vaccines (ACTIV) partnership. Public Citizen also requested a fee waiver. The second request was for records concerning Operation Warp Speed. Public Citizen requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests. The agency asked Public Citizen to narrow the scope of its requests. Public Citizen did so but after hearing nothing further from the agency, Public Citizen filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 5 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. VAN-KUSH v. 10TH CIRCUIT EXECUTIVE/ADMINISTRATIVE OFFICE OF THE JUDGES (AO) et al (filed Oct 8, 2020)
2. KENDRICK v. FEDERAL BUREAU OF INVESTIGATION (filed Oct 8, 2020)
3. IMMIGRANT INVESTORS ASSOCIATION, INC. v UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE et al (filed Oct 6, 2020)