PALMER BIEZUP & HENDERSON LLP v. U.S. CUSTOMS AND BORDER PROTECTION and 14 other new FOIA lawsuits

We have added 117 documents from 14 FOIA cases filed between May 16, 2021 and May 22, 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. PALMER BIEZUP & HENDERSON LLP v. U.S. CUSTOMS AND BORDER PROTECTION (filed May 17, 2021)
   The law firm of Palmer Biezup & Henderson submitted a FOIA request to U.S. Customs and Border Protections for records concerning a CBP directive requiring the Motor Vessel LMZ ARIEL to post security guards. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the law firm filed suit
   Issues: Fees, Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
2. REIDY v. CENTRAL INTELLIGENCE AGENCY (filed May 17, 2021)
   John Reidy submitted seven FOIA requests to the CIA for records concerning his whistleblower complaint and whistleblower complaints more broadly. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of his requests, Reidy filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF THE TREASURY (filed May 18, 2021)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of the Treasury for records concerning former Treasury Secretary Steven Mnuchin’s contacts with sovereign wealth funds in the Middle East. CREW also requested a fee waiver. The agency acknowledged receipt of the request but after hearing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. FAIR LINES AMERICA FOUNDATION INC. v. US DEPARTMENT OF COMMERCE et al (filed May 18, 2021)
   Fair Lines America Foundation, an organization committed to educating the public on fair and legal apportionment, submitted a FOIA request to the Department of Commerce’s Bureau of the Census for records concerning census data from housing facilities. The agency acknowledged receipt of the request but denied it under Exemption 3 (other statutes). FLAF then submitted a second FOIA request asking only for records disclosable under the Census Act. FLAF also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, FLAF filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. AMERICAN CENTER FOR LAW AND JUSTICE v. US DEPARTMENT OF HOMELAND SECURITY et al (filed May 18, 2021)
   The American Center for Law and Justice submitted FOIA requests to the Department of Homeland Security for records concerning whether senior officials at the agency considered the surge of migrants at the southern border to be a challenge. The agency acknowledged receipt of the request and several components told ACLJ that they would be unable to respond within 20 days. After hearing nothing further from the agency, ACLJ filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. WILLKIE FARR & GALLAGHER LLP v. UNITED STATES DEPARTMENT OF THE AIR FORCE (filed May 18, 2021)
   The law firm of Willkie Farr & Gallagher, which represents Gold Star families, submitted a FOIA request to U.S. Central Command for records concerning contracts awarded to ArmorGroup. Part of the request was referred by Central Command to the Department of the Air Force. Central Command issued a final response without sufficient justification. As a result. WFG filed an administrative appeal with Air Force as well. After hearing nothing further from the agency, WFG filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. BLIXSETH v. FEDERAL BUREAU OF INVESTIGATION (filed May 18, 2021)
   Timothy Blixseth submitted two FOIA requests to the FBI for records concerning Blixseth and his company. The agency acknowledged receipt of the requests but told Blixseth that his requests had been consolidated with earlier requests that were being processed. After hearing nothing further from the agency, Blixseth filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Hathaway v. U.S. Department of State (filed May 19, 2021)
   Oona Hathaway, the director of the Yale Law School Center for Global Legal Challenges, submitted a FOIA request to the Department of State’s Office of Treaty Affairs for records concerning non-binding international understandings and arrangements. Hathaway also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Hathaway filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
9. MOUNTGORDON v. UNITED STATES COAST GUARD (filed May 19, 2021)
   Hilary Mountgordon submitted two FOIA requests to U.S. Coast Guard for records concerning the IG investigation into her allegations that Coast Guard had bullied her into resigning from the officers’ candidate school. The agency acknowledged receipt of the requests. Mountgordon agreed to consolidate the requests. The agency responded to her requests but withheld 57 pages under Exemption 5 (privileges) and 10 pages under Exemption 6 (invasion of privacy). Mountgordon filed an administrative appeal. After hearing nothing further from the agency, Mountgordon filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
10. Bolour / Carl Immigration Group, APC et al v. Anthony Blinken, et al (filed May 20, 2021)
    The Bolour/Carl Immigration Group, an immigration law group, submitted a FOIA request to the Department of State for records concerning the visa status of Eissa Hashemi, the current vice president for women and family affairs in Iran. She also served as the spokesperson for the Iranians who took over the U.S. Embassy in Iran in 1979. The agency acknowledged receipt of the request and denied the request under Exemption 3 (other statutes) and Exemption 6 (invasion of privacy). BCIG filed an administrative appeal of the denial. The agency upheld its original denial and BCIG filed suit.
    Issues: Litigation – Attorney’s fees
11. Center for Investigative Reporting et al v. Department of Labor (filed May 20, 2021)
    The Center for Investigative Reporting submitted a FOIA request to the Department of Labor’s Bureau of International Labor Affairs for records concerning labor practices, treatment of workers, and living conditions in the Dominican Republic. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CIR filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Western Watersheds Project v. National Park Service (filed May 20, 2021)
    The Watershed Project submitted nine FOIA requests to the National Park Service for records concerning a variety of topics. The agency acknowledged receipt of the requests but after failing to respond, the Watershed Project filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
13. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed May 21, 2021)
    The American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning applications to purchase wild horse and burros for all wild horses and burros sold by the agency to private buyers in 2019. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AWHC filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
14. AMEEN v. U.S. DEPARTMENT OF STATE et al (filed May 21, 2021)
    Omar Ameen submitted FOIA requests to the Department of State, the FBI and the Department of Justice for records concerning on himself. The agencies acknowledged receipt of the requests but after hearing nothing further from the agency, Ameen filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees

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

• SERPA-CANDERLARIA v. FEDERAL BUREAU OF PRISONS (filed May 12, 2021)