FOIA Activity: 57 new FOIA court documents, plus case descriptions

We have added 57 documents from 10 FOIA cases filed between January 31, 2021 and February 6, 2021. 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. Bioscience Advisors, Inc. v. United States Securities and Exchange Commission et al (filed Feb 3, 2021)
   Bioscience Advisors, Inc. submitted a series of FOIA requests to the Securities and Exchange Commission for records concerning requests by companies for confidential treatment of information and the expiration date of those confidentiality claims. In 2020, the SEC began to respond to Bioscience Advisors requests by telling the company that it found no records. Bioscience Advisors ultimately filed suit under both FOIA and the Federal Records Act.
   Issues: Failure to respond within statutory time limit, Litigation – Jurisdiction – Injunction
2. Battle-El v. T Mobile (filed Feb 2, 2021)
   Karal Hasani Efia Battle-El submitted three requests to T Mobile for records. When the company did not respond, he filed suit. This not a FOIA claim.
   Issues: FOIA mentioned only tangentially
3. JUDICIAL WATCH, INC. v. OFFICE OF MANAGEMENT AND BUDGET et al (filed Feb 2, 2021)
   Judicial Watch submitted FOIA requests to OMB and the Department of Energy for records concerning communications between Biden chief of staff Ron Klain and any agency officials pertaining to the solar company Solyndra. Both agencies acknowledged receipt of the requests but after hearing nothing further from either agency, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
4. NEWMAN v. DRUG ENFORCEMENT ADMINISTRATION et al (filed Feb 2, 2021)
   John Newman, a political science professor at James Madison University, specializing in the Presidency of John F. Kennedy, submitted FOIA requests to the Drug Enforcement Administration, the FBI, and the Executive Office for U.S. Attorneys for records concerning Cuban exile Manuel Antonio Carlos Veciana Blanche. Newman also requested a fee waiver. The agencies acknowledged receipt of the requests. DEA told Newman that it believed any responsive records would be held by EOUSA. Newman filed an administrative appeal of that decision to the Office of Information Policy. OIP remanded the request to DEA to conduct a search. The FBI told Newman it found no responsive records. Newman filed an administrative appeal to OIP. EOUSA failed to respond. Newman then filed suit against all three agencies.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
5. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES GEOLOGICAL SURVEY (filed Feb 3, 2021)
   Public Employees for Environmental Responsibility submitted a FOIA request to U.S. Geological Survey for records concerning biosafety at the National Wildlife Health Center in Madison, Wisconsin. PEER also requested a fee waiver. The agency acknowledged receipt of the request and granted PEER’s request for a fee waiver. Although the agency agreed to conduct a videoconference to address how to process PEER’s request, after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. No More Deaths et al v. United States Customs and Border Protection (filed Feb 3, 2021)
   No More Deaths and the Center for Constitutional Rights submitted a FOIA request to U.S. Customs and Border Protection for records concerning CBP’s Joint Intelligence Operations Center and the agency’s BORSTAR unit. The requesters also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, No More Deaths and the Center for Constitutional Rights filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Expedited processing, Public Interest Fee Waiver, Litigation – Attorney’s fees
7. US Right to Know v. United States Food & Drug Administration et al (filed Feb 4, 2021)
   US Right to Know submitted a FOIA request to the FDA for records concerning communications involving a specific set of FDA employees and a specific set of keywords, including Wuhan Institute of Virology. USRTK also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, USRTK filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
8. GILBERT v. UNITED STATES AIR FORCE (filed Feb 4, 2021)
   Lori Gilbert, an Air Force major, submitted a FOIA request to the Department of the Air Force for records concerning the Commander-Directed investigation of her. The agency acknowledged receipt of the request. The agency sent a final response memorandum to Gilbert telling her that it had reviewed 1807 pages and was withholding some records. Gilbert filed an administrative appeal of the decision but after hearing nothing further from the agency, Gilbert filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. AMERICAN CENTER FOR LAW AND JUSTICE v. UNITED STATES NATIONAL SECURITY AGENCY et al (filed Feb 5, 2021)
   The American Center for Law and Justice submitted FOIA requests to the National Security Agency, the Office of the Director of National Intelligence, and the Department of State for records concerning the alleged Chinese spy Christine Fang and her alleged relationship with Rep. Eric Swalwell. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, ACLJ filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. Bonoweme v. U.S. Department of Homeland Security et al (filed Feb 5, 2021)
    Cecilia Bonoweme, a citizen of the Republic of the Congo who had applied for asylum in the U.S., submitted a FOIA request for records concerning her Alien file. The agency acknowledged receipt of the request. The agency told Bonoweme disclosed more than 500 pages, many with redactions under Exemption 5 (privileges), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(E) (investigative methods or techniques). Bonoweme filed an administrative appeal which resulted in disclosure of more records. However, Bonoweme ultimately filed suit.
    Issues: Litigation – Attorney’s fees