Center for Biological Diversity v. United States Fish and Wildlife Service and 14 other new FOIA lawsuits

We have added 107 documents from 14 FOIA cases filed between November 14, 2021 and November 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. Center for Biological Diversity v. United States Fish and Wildlife Service (filed Nov 17, 2021)
   The Center for Biological Diversity submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning data from the Law Enforcement Management Information System database, which contains data on the importation and exportation of animals to and from the United States. The agency acknowledged receipt of the request but after it failed to respond within the statutory time limits, CBD filed an administrative appeal of the constructive denial. CBD also submitted a second FOIA request for the same information but with a different time frame. After hearing nothing further from the agency, CBD filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. AMERICAN OVERSIGHT v. NATIONAL GUARD BUREAU et al (filed Nov 17, 2021)
   American Oversight submitted FOIA requests to the National Guard Bureau, and U.S. Coast Guard for records concerning incidents of white supremacist ideology in military personnel. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, American Oversight filed suit.
   Issues: Litigation – Vaughn index, Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF AGRICULTURE RURAL UTILITIES SERVICE (filed Nov 18, 2021)
   The Center for Biological Diversity submitted two FOIA requests to the Department of Agriculture Rural Utilities Service for records concerning loan contracts between the North Carolina Electric Membership Corporation and the Rural Utilities Service. The agency acknowledged receipt of the request and, although the agency located 365 responsive pages, it only disclosed four pages. CBD filed an administrative appeal and the agency conducted a new search, locating an additional 298 responsive pages which were sent to review for confidentiality claims. After hearing nothing further from the agency, CBD filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. CONNELL v. UNITED STATES CENTRAL INTELLIGENCE AGENCY et al (filed Nov 18, 2021)
   James Connell submitted a FOIA request to the CIA for records concerning Ammar al Baluchi. The agency acknowledged receipt of the request but told Connell that it would not search for records without a third-party authorization. Connell then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
5. Immigrant Advocates Response Collaborative v. U.S. Department of Homeland Security et al (filed Nov 15, 2021)
   Immigrant Advocates Response Collaborative submitted a FOIA request to the Department of Homeland Security, the FBI, and the Department of State for records concerning the management of CHIP, CHIS, and BITMAP programs. IARC also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, IARC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
6. Emery Celli Brinckerhoff Abady Ward & Maazel LLP v. United States Department of Justice et al (filed Nov 18, 2021)
   The law firm of Emery Celli Brinckerhoff Abrady Ward & Maazel submitted a FOIA request to the U.S. Marshals Service for records concerning USMS custody of Andrea Circle Bear, who died while in the agency’s custody. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the law firm filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Empower Oversight Whistleblowers & Research v. National Institutes of Health (filed Nov 17, 2021)
   Empower Oversight Whistleblowers & Research submitted a FOIA request to the National Institute of Health for records concerning communications regarding the request to post SARS-CoV-2 sequences to the Sequence Read Archive in March 2020. EOWR also submitted two FOIA requests for records concerning communications between the agency and Sen. Charles Grassley (R-IA) and Sen Marsha Blackburn (R-Tenn) pertaining to the sequence. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, EOWR filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. Allan S. Lolly & Associates, APC v. US Department of Homeland Security et al (filed Nov 15, 2021)
   Allan S. Lolley & Associates submitted a FOIA request to the Department of Homeland Security for records concerning the implementation of the Adam Walsh Act in making risk determinations. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the law firm filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. AMERICA FIRST LEGAL FOUNDATION v. COLEY et al (filed Nov 15, 2021)
   America First Legal Foundation submitted three FOIA requests to the Department of Justice for records concerning a variety of topics of media interest. America First Legal Foundation also requested expedited processing. The agency acknowledged receipt of the requests but denied AFL’s request for expedited processing. AFL filed an administrative appeal of the denial of expedited processing. After hearing nothing further from the agency, AFL filed suit.
10. AMERICAN OVERSIGHT v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Nov 16, 2021)
    American Oversight submitted seven FOIA requests to the Department of Homeland Security for records concerning the treatment of individuals who died or became ill while in the custody of U.S. Immigration and Customs Enforcement. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, American Oversight filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
11. SAVAGE v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (filed Nov 17, 2021)
    Len Savage submitted a FOIA request to the Bureau of Alcohol, Tobacco, and Firearms for records concerning submission samples. The agency acknowledged receipt of the request but after hearing nothing more from the agency, Savage filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
12. International Refugee Assistance Project v. United States Department of Homeland Security et al (filed Nov 17, 2021)
    The International Refugee Assistance Project submitted FOIA requests to the Department of Homeland Security and the Department of State for information about their information systems. The agencies acknowledged receipt of the requests. The State Department told IRAP that its request was not sufficiently described to allow a search. After hearing nothing further from either agency, IRAP filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Vidal-Martinez v. US Department of Homeland Security et al (filed Nov 18, 2021)
    Jesus Vidal-Martinez submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning communications between ICE and the Decatur County Indiana Sheriff’s Department concerning the arrest and detention of Vidal-Martinez. The agency failed to acknowledged receipt of the request. Vidal-Martinez submitted a more detailed request about the charges but after hearing nothing further from the agency, Vidal-Martinez filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
14. CONNELL v. UNITED STATES CENTRAL INTELLIGENCE AGENCY et al (filed Nov 19, 2021)
    James Connell, a defense attorney, submitted FOIA requests to the CIA, the Department of Defense, and U.S. Southern Command for records concerning Camp 7 at Guantanamo Bay. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Connell filed suit.
    Issues: Failure to respond within statutory time limit, 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.

• CASE NUMBER NOT USED (filed Nov 12, 2021)