FOIA Activity: 25 new FOIA court documents, plus case descriptions

We have added 21 documents from 3 FOIA cases filed between February 14, 2021 and February 20, 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. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF DEFENSE (filed Feb 18, 2021)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Defense for records concerning Rivada Networks and DOD’s current spectrum allocation and the potential sharing of DOD’s spectrum allocation with private industry. CREW also requested a fee waiver. The agency acknowledged receipt of the request. The agency told CREW that its request was too broad to search. CREW told DOD that it did not believe the request was too broad. After hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. JUST FUTURES LAW et al (filed Feb 18, 2021)
   Just Futures Law, Center for Media Justice, Mijente Support Committee, and Immigrant Defense Project submitted requests to the Department of Homeland Security and the Department of Health and Human Services for records concerning Covid-19 data collection. The requesters also asked for expedited processing and a fee waiver. The agencies granted the request for expedited processing and indicated that they would consider the requests for a fee waiver. After hearing nothing further from either agency, Just Futures Law and the other requesters filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
3. Skylight Engagement, Inc. et al v. US Department of Homeland Security et al (filed Feb 19, 2021)
   Skylight Engagement and the American Immigration Council submitted FOIA requests to the Department of Homeland Security for records concerning video of two incidents that happened in June and July 2017 at an aid station operated by U.S. Customs and Border Protection. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Skylight Engagement filed suit.
   Issues: Failure to respond within statutory time limit, Search – Consultation, Litigation – Attorney’s fees

In addition, we have added 4 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. Heard v. Franklin (filed Feb 11, 2021)
2. Clergy and Laity United for Economic Justice et al (filed Feb 10, 2021)
3. Henderson v. United States Patent and Trademark Office (filed Feb 9, 2021)