49 new FOIA court documents, plus case descriptions

We have added 49 documents from 8 FOIA cases filed between July 27, 2014 and August 2, 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. ENVIRONMENTAL INTEGRITY PROJECT et al v. US ENVIRONMENTAL PROTECTION AGENCY (filed Jul 28, 2014)
   The Environmental Integrity Project, Earthjustice, and the Sierra Club submitted a FOIA request to EPA seeking technical data relied on by the agency to develop Steam Electric Power Generating Categories for its proposed rule on effluent limitations. EPA responded the same day, but told the organizations that it was withholding key data sets because they constituted confidential business information. The organizations appealed the denial, but because the confidentiality of the data was still being determined, the agency dismissed the appeal as moot. EPA subsequently told the organizations that it would take at least seven months to rule on the confidentiality of the data. The organizations then filed suit.
   Issues: improper withholding, disclosure of records at no cost, attorney’s fees
2. Ryan Watje v. Department of The Navy et al (filed Jul 29, 2014)
   Ryan Watje submitted a FOIA request to the Commanding General of the Marine Corps at Camp Lejeune for records concerning his administrative discharge from the Marine Corps and the periodic evaluations of his performance while in the Marines. The agency acknowledged receipt of the request and told Watje is had been forwarded to Marine headquarters. After hearing nothing further concerning his request, Watje filed suit.
   Issues: improper withholding, disclosure of all records within 20 days of court order, enjoin agency from charging fees because of missed deadline, attorney’s fees
3. Kimberg v. Jeh Johnson, Secretary, Department of Homeland Security et al (filed Jul 29, 2014)
   Terrence Kimberg, a permanent resident alien, requested his alien file from U.S. Citizenship and Immigration Services. The agency acknowledged receipt of his request, but told him he had to provide verification of identity. Kimberg’s attorney told USCIS that such verification was unnecessary in his case. The agency then closed Kimberg’s request for failure to provide verification of identity. Kimberg then made a later identical request, which was also rejected for lack of verification of identity. Kimberg appealed and the agency upheld its original decision. Kimberg then filed suit.
   Issues: improper withholding, conduct adequate search, disclosure of records, attorney’s fees
4. SANTOS v. JOHNSON et al (filed Jul 31, 2014)
   Jose Bladimir Santoyo Santos submitted FOIA requests to Immigration and Customs Enforcement, Customs and Border Protection, and U.S. Citizenship and Immigration Services for his alien file. He sent verification information to ICE and CBP, but heard nothing further from those agencies. Instead, USCIS told him he had failed to provide verification of identity and closed his request. Santos appealed the closing of his request and the agency upheld its decision. Santos then filed suit.
   Issues: improper withholding, conduct prompt search, disclose responsive records, attorney’s fees
5. Cow Palace LLC et al v. United States Environmental Protection Agency et al (filed Jul 31, 2014)
   The EPA and a number of dairy farms entered a consent order concerning nitrate levels in groundwater. The dairies voluntarily provided information to the agency for its investigation. The Community Association for Restoration of the Environment submitted a FOIA request to the EPA for records concerning its communications with the dairy farmers. After receiving some records, CARE eventually filed suit. The EPA made a final determination concerning the records it would release to CARE. The records allegedly contained confidential business information provided by the dairies. The dairies then filed suit to block disclosure.
   Issues: preliminary injunction prohibiting disclosure of records without full trial, permanent injunction prohibiting agency from disclosing records after full trial, arbitrary and capricious behavior, find records not subject to FOIA
6. ELECTRONIC PRIVACY INFORMATION CENTER v. FEDERAL BUREAU OF INVESTIGATION (filed Aug 1, 2014)
   EPIC submitted a FOIA request to the FBI for all Privacy Impact Assessments conducted by the agency but not made public and all Privacy Threshold Analysis documents and Initial Privacy Assessments conducted by the agency since 2007. EPIC requested inclusion in the media fee category and a fee waiver. After hearing nothing from the agency, EPIC filed suit.
   Issues: prompt disclosure of responsive records, production of Vaughn index, attorney’s fees
7. Lopez v. Saunders et al (filed Aug 1, 2014)
   Helen Lopez filed suit against Joan Parks Saunders, the Regional Chief Administrative Judge for the Social Security Administration, to prevent the agency from moving the cases of her clients in Albuquerque to Tulsa. This does not appear to be a FOIA case.
   Issues: order cases returned to Albuquerque with full and fair hearings, order rehearing for cases heard by judges not familiar with alleged statistical discrepancy, attorney’s fees
8. Correa Coss v. United States Department of Justice et al (filed Jul 31, 2014)
   Adolfo Correa Coss, a former lawful permanent resident alien was convicted of drug charges. He learned the name of a confidential informant who had testified against him. He submitted a FOIA request to the Executive Office for U.S. Attorneys for a page in the confidential informant’s notebook containing Coss’s name and indicated that the whole page could be redacted except for his name. The request was denied by EOUSA for failure to show a compelling public interest. Coss appealed to OIP. He also filed an action to compel disclosure because the confidential informant was scheduled to be released from prison and removed from the United States. The agency told him it was closing his case for failure to pay a fee. He appealed and paid the fee. His request was then assigned a new number. Coss then filed suit.
   Issues: disclosure of all records, in camera review, attorney’s fees