AMERICAN IMMIGRATION COUNCIL v. U.S. CUSTOMS & BORDER PROTECTION et al and 7 other new FOIA lawsuits

We have added 29 documents from 7 FOIA cases filed between December 19, 2021 and December 25, 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. AMERICAN IMMIGRATION COUNCIL v. U.S. CUSTOMS & BORDER PROTECTION et al (filed Dec 20, 2021)
   The American Immigration Council submitted a FOIA request to U.S. Customs and Border Protection for records concerning the efficiency and accuracy of the facial recognition technology by CBP One. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AIC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. TAU v. U.S. DEPARTMENT OF DEFENSE et al (filed Dec 21, 2021)
   Byron Tau submitted FOIA requests to the Department of Defense, the Department of Homeland Security, and the National Archives and Records Administration for records. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Tau filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. APM REPORTS v. U.S. DEPARTMENT OF DEFENSE et al (filed Dec 22, 2021)
   APM Reports submitted FOIA requests to the Department of Defense for records concerning the investigation of the 2005 killing of civilians in Haditha, Iraq by U.S. Marines. APM Reports also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, APM Reports filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. NATIONAL SECURITY ARCHIVE FUND, INC. v. UNITED STATES DEPARTMENT OF DEFENSE (filed Dec 23, 2021)
   The National Security Archive Fund submitted a FOIA request to the Department of Defense for records concerning 51 administrative appeals that remained unanswered. The agency acknowledged the receipt of the requests but failed to resolve them. The National Security Archive Fund then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. The New York Times Company et al v. United States Department of Defense (filed Dec 22, 2021)
   New York Times reporters Mark Mazzetti and Charlie Savage submitted a FOIA request to the Department of Defense for contracts since 2016 for any purchase by the Defense Intelligence Agency of bulk domain name systems and/or internet data. The agency acknowledged receipt of the request and invoked a 10-day extension. After hearing nothing further from the agency, the New York Times Company filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. The New York Times Company et al v. Federal Bureau of Investigation (filed Dec 20, 2021)
   New York Times reporter Charlie Savage submitted a FOIA request to the FBI for records concerning Shooting Incident Review Team and Shooting Incident Review Group reports completed since his 2016 request. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Savage and the New York Times filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. Acme Automation Corporation v. United States Army Corps of Engineers (filed Dec 23, 2021)
   Acme Automation Corporation submitted a FOIA request to the U.S. Army Corp of Engineers for records concerning work done by Acme Automation Corp., which was working as a subcontractor, and Whitehorn Construction, the general contractor on the SCADA Wastewater Treatment Plant located at Edwards Air Force Base. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Acme Automation Corporation filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, 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.

• BIRON v. GEORGE et al (filed Dec 17, 2021)