FOIA Activity: 94 new FOIA court documents, plus case descriptions

We have added 94 documents from 11 FOIA cases filed between March 14, 2021 and March 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. Maritime Documentation Center Corp. v. United States Coast Guard (filed Mar 19, 2021)
   The Maritime Documentation Corp., which did vessel documentation, submitted a FOIA request to U.S. Coast Guard for records concerning the names and addresses of commercial and recreational vessel owners, which until 2017 had published the data in Merchant Vessels of the United States. The agency acknowledged receipt of the request but withheld identifying information about recreational vessels under Exemption 6 (invasion o privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Maritime Documentation filed an administrative appeal, which was denied. Maritime Documentation then filed suit.
   Issues: Litigation – Attorney’s fees
2. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Mar 17, 2021)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning an investigation of allegations that immigrants were being coerced into signing deportation documents at the Adams County Correctional Center in Mississippi. CREW also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. CATO INSTITUTE v. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD (filed Mar 18, 2021)
   The Cato Institute submitted a FOIA request to the Privacy and Civil Liberties Oversight Board for records concerning any reports prepared to implement E.O. 12333. The agency acknowledged receipt of the request and denied some records under Exemption 1 (national security). The Cato Institute filed an administrative appeal of the denial. PCLOB partially granted the Cato Institute’s appeal. However, after hearing nothing further from the agency, the Cato Institute filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
4. CABLE NEWS NETWORK, INC. v. CENTRAL INTELLIGENCE AGENCY (filed Mar 19, 2021)
   Cable News Network submitted a FOIA request to the CIA for records concerning soul singer James Brown. The agency acknowledged receipt of the request. After hearing nothing from the agency, CNN filed an administrative appeal. The agency told CNN that it would not accept an appeal until a determination had been made. After hearing nothing further from the agency, CNN filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. YOUNG v. DEPARTMENT OF JUSTICE (filed Mar 20, 2021)
   Nicholas Young submitted a FOIA request to the Department of Justice for records concerning surveillance of him. The agency acknowledged receipt of the request. The agency involved a Glomar response neither confirming nor denying the existence of records. Young filed an administrative appeal. The Office of Information Policy upheld the denial. Young then filed suit.
   Issues: Litigation – Attorney’s fees
6. Holmes-Hamilton et al v. Federal Bureau of Investigation (filed Mar 19, 2021)
   Dajuan Holmes-Hamilton submitted FOIA requests to the FBI for records concerning the investigation of the deaths of Cynthia Ann Day and Nathaniel Edward Holmes in the Dominican Republic in 2019. The agency acknowledged receipt of the requests and denied them under Exemption 7(A) (interference with ongoing investigation or proceeding). Holmes-Hamilton filed an administrative appeal of the denial. The agency withdrew its Exemption 7(A) claim but told Holmes-Hamilton that it would take at least five years to process the request. Holmes-Hamilton then filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. Safe Horizon, Inc. et al v. United States Citizenship and Immigration Services et al (filed Mar 17, 2021)
   Safe Horizon, Inc. and Asista Immigration Assistance submitted FOIA requests to U.S. Citizenship and Immigration Services for records concerning the agency’s policies for adjudicating U-visa petitions. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Safe Horizon filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Brennan Center For Justice At New York University School Of Law v. U.S. Immigration and Customs Enforcement (filed Mar 19, 2021)
   The Brennan Center for Justice submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning Homeland Security Investigations Handbooks. The Brennan Center also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Brennan Center filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. CENTER FOR BIOLOGICAL DIVERSITY v. ENVIRONMENTAL PROTECTION AGENCY (filed Mar 15, 2021)
   The Center for Biological Diversity submitted two FOIA requests to the EPA for records concerning communications between the agency and AdLogic Chemical and other Florida-based organizations. The agency acknowledged receipt of the requests and told CBD that it could not respond to the request within the 20-day statutory time limit. After hearing nothing further from the agency, CBD filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 16, 2021)
    Judicial Watch submitted a FOIA request to the National Institute of Allergy and Infectious Diseases at the National Institute of Health for records concerning communications between the agency and Wuhan Institute of Virology pertaining to a $3.7 million contract awarded to the Wuhan Institute of Virology. The agency acknowledged receipt of the request and asked Judicial Watch to clarify that it was interested in a grant entitled Understanding the Risk of Bat Coronavirus Emergence. Judicial Watch indicated that was the document it was seeking. The agency then denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Judicial Watch filed an administrative appeal of the decision. The agency informed Judicial Watch that the 7(A) claim was being withdrawn and that a new determination would be issued. After hearing nothing further, Judicial Watch filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
11. CADDELL CONSTRUCTION CO. (DE), LLC v. DEPARTMENT OF THE NAVY (filed Mar 16, 2021)
    Caddell Construction Co. submitted a FOIA request to the Department of the Navy for records concerning contracting officer’s final decision pertaining to a contract dispute between Caddell and the Navy related to construction of the nuclear power training facility at Charleston, SC. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Caddell Construction filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees