101 new FOIA court documents, plus case descriptions

We have added 101 documents from 10 FOIA cases filed between June 8, 2014 and June 14, 2014. 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. PRISOLOGY v. FEDERAL BUREAU OF PRISONS (filed Jun 8, 2014)
   Prisology, a non-profit organization that advocates for prison reform, filed suit against the Bureau of Prisons alleging the agency had failed to post a number of categories of records required to be made available electronically by the EFOIA Amendments.
   Issues: declaratory judgment requiring agency to make categories of records available electronically, attorney’s fees
2. CENTER FOR COMPETITIVE POLITICS v. FEDERAL ELECTION COMMISSION (filed Jun 9, 2014)
   The Center for Competitive Politics submitted a FOIA request to the Federal Election Commission for the “First General Counsel’s Report,” a document prepared for the FEC commissioners as part of their consideration of whether Crossroads GPS had violated federal law by failing to register as a political action committee. A majority of commissioners decided not to pursue the charges. As part of their statement of reasons, the three majority commissioners indicated that the First General Counsel’s Report had not been made public because it was considered privileged. Instead, a Second General Counsel’s Report was made part of the public record. The agency responded to the Center’s FOIA request by withholding the First General Counsel’s Report entirely under Exemption 7(E) (investigative methods and techniques). The Center appealed the denial and the agency indicated that the commission had been unable to reach a decision on the merits of the appeal. The Center then filed suit.
   Issues: improper withholding, immediate disclosure of records, disclosure of record with redactions, attorney’s fees
3. COMPETITIVE ENTERPRISE INSTITUTE et al v. UNITED STATES NATIONAL SECURITY AGENCY (filed Jun 9, 2014)
   The Competitive Enterprise Institute submitted two FOIA requests to the National Security Agency for records of metadata for allegedly destroyed emails sent to and from anonymous email accounts maintained for current EPA administrator Gina McCarthy and former EPA administrator Lisa Jackson. The agency issued a Glomar response neither confirming nor denying the existence of records for both requests. CEI appealed the denial of both requests, but after the agency failed to respond to the appeals, CEI filed suit.
   Issues: improper response, conduct adequate search, disclosure of records within 10 days or production of Vaughn index, attorney’s fees
4. GREEN v. U.S. DEPARTMENT OF JUSTICE et al (filed Jun 9, 2014)
   Vance Green, a researcher and producer for a local cable news program, sent a FOIA request in 2012 to the Justice Department for all records concerning defendants who were arrested in response to the government’s Sept. 11, 2001 lookout bulletin. Green reminded the agency that he was renewing a request originally submitted in 2009. The agency informed Green that it had found 2606 pages of records as well as 14 CDs and would disclose them if Green paid $275 in estimated fees. Green told the agency that since it had missed the time limit for responding it could no longer charge fees. He also sent a request for expedited processing. Green also submitted similar FOIA requests to the Federal Aviation Administration and the Department of Defense. After the agencies failed to provide records, Green filed suit.
   Issues: Green requested a number of items for relief. Highlights include disclosure of all records, waive all fees, order re-training of DOJ-FBI FOIA personnel, order agency to stop closing requests before 60 days, conduct thorough search, order re-training of FAA FOIA personnel
5. MCCLARY et al v. USDA (filed Jun 10, 2014)
   Robin McClary submitted a FOIA request to the Animal and Plant Health Inspection Service at the Department of Agriculture for records concerning the killing of Canadian Geese in Virginia. Citizens for the Preservation of Wildlife made a request to APHIS for records concerning any public participation processes pertaining to the management of Canadian Geese in Virginia. Friends of Animals made a request for a 2013 decision finding no significant impact for mammal damage management in Wisconsin. The agency provided a partial response to McClary’s request and to the request from Friends of Animals, but had provided no response to the request submitted by Citizens for the Preservation of Wildlife. McClary and the two organizations filed suit against the agency.
   Issues: improper withholding, immediate disclosure of responsive records with no fees, attorney’s fees
6. MUCKROCK, LLC v. CENTRAL INTELLIGENCE AGENCY (filed Jun 10, 2014)
   MuckRock, an online news organization, submitted a request to the CIA for all information contained in its CADRE database pertaining to processing of FOIA, Privacy Act, and mandatory declassification reviews received during the first quarter of 2013. MuckRock explained that it was interested only in information about the processing of the requests and not records disclosed as a result of requests. MuckRock also asked for a fee waiver and inclusion in the news media fee category. The agency denied MuckRock’s fee waiver request and placed it in the all other category for fees. MuckRock appealed the denial of its fee waiver request, but the CIA has not acknowledged receipt of the appeal. MuckRock submitted another eight requests for similar information from the agency’s FOIA-processing database as well as the database for classification decisions. After the agency failed to respond to the requests, MuckRock filed suit.
   Issues: disclosure of all responsive records, disclosure in electronic formats requested, grant fee waivers, order MuckRock placed in news media fee category, prohibit agency from refusing to respond because of absence of specific information, expedited proceedings, attorney’s fees
7. WHITMORE v. UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (filed Jun 10, 2014)
   Torenda Whitmore, a federal prisoner convicted of kidnapping, submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning the impact of a recent case on the ability of prisoners to submit habeas corpus petitions. The agency acknowledged her request and told her to submit identifying documents. Once she submitted the identifying information, the agency told her it would process her request, but after hearing nothing further, Whitmore filed suit.
   Issues: immediate disclosure of responsive records, production of Vaughn index
8. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. BUREAU OF LAND MANAGEMENT (filed Jun 12, 2014)
   Public Employees for Environmental Responsibility submitted a FOIA request to the Bureau of Land Management at the Department of Interior for records summarizing incidents of violence or threats against BLM employees in 2013. In a second FOIA request to BLM, PEER asked for records concerning the agency’s actions against Nevada rancher Cliven Bundy. After the agency failed to respond to either request within the statutory time limit, PEER filed suit.
   Issues: improper withholding, permanent injunction requiring disclosure of responsive records, attorney’s fees
9. PAWELSKI v. FEDERAL BUREAU OF INVESTIGATION et al (filed Jun 12, 2014)
   John Pawelski, who is under federal indictment, submitted FOIA requests to the FBI, the Executive Office for U.S. Attorneys, the Drug Enforcement Administration, the IRS, and the Treasury Department’s Inspector General for records about himself. He also requested expedited processing for each request. After none of the agencies responded to his request for expedited processing, Pawelski filed suit.
   Issues: processing of all responsive records, expedited processing, disclosure of all responsive records, attorney’s fees
10. ADVANCED TESTING TECHNOLOGIES INC v. UNITED STATES DEPARTMENT OF THE AIR FORCE (filed Jun 13, 2014)
    Advanced Testing Technologies submitted a FOIA request to Warner Robins Air Force Base for all visitor entries for Robert Buckley, as well as records pertaining to his meetings with Air Force personnel. The Air Force responded to the company’s request by withholding information about the meetings under Exemption 5. Advanced Testing Technologies appealed the denial of its request. It also submitted a new FOIA request renewing the first FOIA request and, alternatively, asking for a narrower subset of records if the agency continued to disagree with the company’s prior requests. The Air Force responded to the third request by indicating there was no responsive record. Advanced Testing Technologies appealed that denial as well, but after hearing nothing further, filed suit.
    Issues: disclosure of previously redacted records, disclosure of all other responsive records, expedited proceedings, attorney’s fees