The Center for Investigative Reporting et al v. Department of Justice et al and 11 other new FOIA lawsuits

We have added 71 documents from 11 FOIA cases filed between December 12, 2021 and December 18, 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. The Center for Investigative Reporting et al v. Department of Justice et al (filed Dec 13, 2021)
   Center for Investigative Reporting reporter Anayansi Diaz-Cortes submitted FOIA requests to the Department of Justice and the Department of State for records concerning the investigation of General Salvador Cienfuegos Zepeda, the former Defense Secretary of Mexico by both Mexico and the United States. The DOJ request were submitted to the Criminal Division, DEA, and the Executive Office for U.S. Attorneys. All three acknowledged receipt of the requests. The State Department also acknowledged receipt of the request but after hearing nothing further from either agency, CIR filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. The Center for Investigative Reporting et al v. U.S. Environmental Protection Agency (filed Dec 15, 2021)
   Center for Investigative Reporting reporter Mohamed al Elew submitted two FOIA request to the EPA for records concerning Natural Gas STAR Program annual reports and their implementation. Elew also requested a fee waiver. The agency acknowledged receipt of the requests and granted Elew’s request for a fee waiver. The agency then invoked a 10-day extension. After hearing nothing further from the agency, CIR filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Dec 15, 2021)
   American Oversight submitted FOIA requests to the Department of Homeland Security and the Department of Justice for records concerning communications between senior officials and individuals and entities involved in supporting the attempt to overturn the presidential election results. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency, American Oversight filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
4. KAPLAN et al v. CENTRAL INTELLIGENCE AGENCY et al (filed Dec 17, 2021)
   Jonathan Kaplan, John Tye, and Values Added, dba Whistleblower Aid, submitted FOIA requests to the CIA, the National Geospatial Intelligence Agency, and the Office of the Director of National Intelligence for records concerning the reprisal report pertaining to Kaplan’s whistleblower activities. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Kaplan filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
5. WINE v. U.S. DEPARTMENT OF THE INTERIOR (filed Dec 13, 2021)
   Mitchell Wine submitted a FOIA request to the Department of Interior for records concerning a redacted email from his former supervisor at the Fish and Wildlife Service and law enforcement personnel. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Wine filed suit.
   Issues: Failure to respond within statutory time limit
6. Harvard Immigration and Refugee Clinical Program v. United States Department of Homeland Security et al (filed Dec 13, 2021)
   The Harvard Immigration and Refugee Clinical Program submitted FOIA requests to U.S. Immigration and Customs Enforcement for records submitted by ICE to the Office of the Inspector General pertaining to detainees with mental health disabilities placed segregated housing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, HIRCP filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. Bonner v. Central Intelligence Agency (filed Dec 14, 2021)
   Journalist Raymond Bonner submitted a FOIA request to the CIA for records concerning Abu Zubaydah’s writings while in detention. Bonner also asked for inclusion in the new media fee category and expedited processing. The agency acknowledged receipt of the request and denied Bonner’s request for expedited processing. After hearing nothing from the agency after six months, Bonner filed an administrative appeal. The agency denied his administrative because it had not yet made an adverse decision on his request. Bonner then filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Agency Record, Public Interest Fee Waiver, Litigation – Attorney’s fees
8. American Civil Liberties Union v. Federal Bureau Of Investigation (filed Dec 15, 2021)
   The ACLU submitted a FOIA request to the FBI for records concerning whether the agency is still placing requirements on state and local law enforcement agencies that purchase or use cell site simulators. The ACLU also requested a fee waiver. The agency acknowledged receipt of the request. The agency issued a Glomar response neither confirming nor denying the existence of records under Exemption 7 (law enforcement records). The ACLU filed an administrative appeal the receipt of which was acknowledged by the agency. However, after hearing nothing further from the agency, the ACLU filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
9. The Center for Investigative Reporting et al v. Department of Homeland Security (filed Dec 14, 2021)
   Center for Investigative Reporting reporter Ike Sriskandarajah submitted a FOIA request to U.S. Immigration and Customs Enforcement for records from the Human Rights Violators & War Crimes Center concerning war criminals living in the United States. Although ICE did not acknowledge receipt of the request, it did agree to look into the request when CIR then to filed suit. After hearing nothing further from ICE, CIR filed suit.
   Issues: Failure to respond within statutory time limit, Request – Receipt, Litigation – Attorney’s fees
10. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Dec 15, 2021)
    The American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning animals that died in any BLM long-term holding facility from January 2020 to April 5, 2021. 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
11. NATIONAL TREASURY EMPLOYEES UNION v. BUREAU OF LAND MANAGEMENT (filed Dec 17, 2021)
    The National Treasury Employees Union submitted a FOIA request to the Bureau of Land Management for electronic records containing a list of bargaining-unit eligible BLM employees. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NTEU filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 3 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• Jonathan William McKinney v. Federal Bureau of Investigation (filed Dec 10, 2021)