FOIA Activity: 54 new FOIA court documents, plus case descriptions

We have added 50 documents from 8 FOIA cases filed between June 27, 2021 and July 3, 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. PROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Jun 28, 2021)
   The Project on Government Oversight submitted a FOIA request to the Office of the Inspector General at the Department of Justice for records concerning transcripts of interviews of Rudy Giuliani or James Kallstrom pertaining to the disclosure of non-public information in advance of the 2016 election. POGO also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency eventually told POGO that it had conducted a search. But after hearing nothing further from the agency, POGO filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. JUDICIAL WATCH, INC. v. U.S. POSTAL SERVICE (filed Jun 29, 2021)
   Judicial Watch submitted a FOIA request to U.S. Postal Service for records concerning news media reports pertaining to collection of Americans’ social media posts by the Postal Service. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
3. BADER FAMILY FOUNDATION v. UNITED STATES DEPARTMENT OF EDUCATION (filed Jun 30, 2021)
   The Bader Family Foundation submitted two FOIA requests to the Department of Education for records concerning criticism of the 1619 Project and the civil right implications. The agency acknowledged receipt of the requests. The agency told the Bader Family Foundation that it could find no records pertaining to its second request. The Bader Family Foundation filed an administrative appeal of the agency’s no records response. After hearing nothing further from the agency pertaining to either request, the Bader Family Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Jun 30, 2021)
   The American Wild Horse Campaign submitted three FOIA requests to the Bureau of Land Management for records concerning adoptions of wild mustangs from the agency. The agency acknowledged receipt of the requests 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
5. SUNOCO PIPELINE, L.P. v. U.S. DEPARTMENT OF TRANSPORTATION et al (filed Jun 30, 2021)
   Sunoco Pipeline filed a reverse-FOIA action against the Department of Transportation after the agency received two FOIA requests for the notice of violation issued by the Pipeline and Hazardous Materials Safety Administration for safety incidents related to its pipelines. Sunoco argued that related records were protected by Exemption 4 (commercial and confidential) and Exemption 7(F) (harm to a person). After the agency failed to assure Sunoco that it would protect the information, Sunoco filed suit.
   Issues: Litigation – Reverse-FOIA – Confidential business information
6. CENTER FOR IMMIGRATION STUDIES v. US IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Jun 30, 2021)
   The Center for Immigration Studies submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning a list of specific employees and a list of keywords, focused particularly on OPT employment practices. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CIS filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. WyoSayNo et al v. U.S. Department of Homeland Security et al (filed Jun 30, 2021)
   WyoSayNo, the Sierra Club, and the Natural Resources Defense Council submitted FOIA requests to the Department of Homeland Security for records concerning the proposed building of a detention center in Evanston, Wyoming. The agency acknowledged receipt of the requests. The agency indicated that there were responsive records but after hearing nothing further from the agency, WyoSayNo filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Vaughn index, Litigation – Attorney’s fees
8. National Immigration Litigation Alliance et al v. U.S. Customs and Border Protection (filed Jul 1, 2021)
   The National Immigration Litigation Alliance, Al Otro Lado, and the Haitian Bridge Alliance submitted FOIA requests to U.S. Immigration and Customs Enforcement for records concerning the treatment of pregnant women in CBP custody. The requesters also asked for a fee waiver. After hearing nothing further from the agency, National Immigration Litigation Alliance filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, 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. First Look Institute, Inc. et al v. U. S. Marine Corps (filed Jun 22, 2021)
2. HOOKER v. DEPARTMENT OF VETERAN AFFAIRS (filed Jun 21, 2021)
3. BROWN v. FEDERAL BUREAU OF INVESTIGATION (filed Jun 16, 2021)