48 new FOIA court documents, plus case descriptions

We have added 46 documents from 12 FOIA cases filed between February 22, 2015 and February 28, 2015. 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. Alliance for the Wild Rockies v. U.S. Fish & Wildlife Service (filed Feb 23, 2015)
   Alliance for Wild Rockies submitted a FOIA request to U.S. Fish and Wildlife Services for records concerning the agency’s decision to delist the Yaak grizzly bear from the endangered species list. After hearing nothing further from the agency, Alliance for Wild Rockies filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Hargrove v. US Treasury (filed Feb 24, 2015)
   Ceioe Hargrove filed suit against the Department of Treasury for information about his indebtedness.
   Issues: FOIA not mentioned
3. UNITED POLICYHOLDERS v. FEMA EMERGENCY MANAGEMENT AGENCY (filed Feb 25, 2015)
   United Policyholders submitted a FOIA request to the Federal Emergency Management Agency for records concerning the appeals process for the National Flood Insurance Program. FEMA identified 2,647 NFIP appeals responsive to UP’s request. The agency eventually began processing the request, but after receiving no substantive response, UP filed suit.
   Issues: Failure to respond within statutory time limit
4. HALL AND ASSOCIATES v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed Feb 25, 2015)
   Hall & Associates submitted a FOIA request to the EPA for records concerning the issuance of a National Pollution Discharge Elimination System permit for the City of Taunton, MA. After hearing nothing further from the agency, Hall & Associates filed an administrative appeal. After hearing nothing further pertaining to its appeal, Hall & Associates filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. ELECTRONIC PRIVACY INFORMATION CENTER v. DEPARTMENT OF HOMELAND SECURITY (filed Feb 26, 2015)
   EPIC submitted a FOIA request to the Department of Homeland Security for records concerning Future Attributes Security Technology. EPIC also requested inclusion in the news media fee category and for a waiver of any duplication fees. The agency acknowledged receipt of the request. EPIC was asked to clarify the time frame, which it did. After hearing nothing further from the agency, EPIC filed suit.
   Issues: Failure to respond within statutory time limit, Fee Category – Media or Educational, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
6. Miskowiec, et al. v. U.S. Department of Veterans Affairs (filed Feb 26, 2015)
   Michael Miskowiec, an attorney representing Calvin Ridgeway and Leo Howard Dubose, submitted a FOIA request to the Department of Veterans Affairs for the claim files for Ridgeway and Dubose. After hearing nothing further from the agency, Miskowiec filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Trucept, Inc. v. United States Internal Revenue Service (filed Feb 27, 2015)
   Trucept, Inc. submitted a FOIA request to the IRS. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Trucept filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. Smart-Tek Services, Inc. v. United States Internal Revenue Service (filed Feb 27, 2015)
   Smart-Tek Services, which is owned and operated by Trucept, Inc., submitted a FOIA request to the IRS. The agency acknowledged receipt of the request, but after hearing nothing from the agency, Smart-Tek Services filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
9. Smart-Tek Service Solutions Corp. v. United States Internal Revenue Service (filed Feb 27, 2015)
   Smart-Tek Service Solutions Corp., described in the complaint as a defunct corporation, submitted a FOIA request to the IRS. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Smart-Tek Service Solutions Corp. filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
10. Smart-Tek Automated Services Inc. v. United States Internal Revenue Service (filed Feb 27, 2015)
    Smart-Tek Automated Services, Inc. submitted a FOIA request to the IRS. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Smart-Tek Automated Services filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
11. Bedgood v. Mabus et al (filed Feb 27, 2015)
    Andre Bedgood, an employee of Naval Criminal Investigation Services in San Diego, was sent a letter of intent to revoke his security clearance. He submitted a FOIA request for records concerning the issuance of the letter of intent. The agency acknowledged receipt of the request and told Bedgood it would take 8-12 weeks to respond. Because Bedgood’s deadline for responding to the letter of intent was March 2, 2015, Bedgood filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. American Marine, LLC v. United States Internal Revenue Service (filed Feb 27, 2015)
    American Marine, LLC submitted a FOIA request to the IRS. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, American Marine filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index

In addition, we have added 2 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• Natural Resources Defense Council, Inc. v. National Oceanic and Atmospheric Administration (filed Feb 20, 2015)
  The Natural Resources Defense Council submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning communications between NOAA and outside entities pertaining to federal or state regulation of shark fin sales, possession and trading. NRDC also requested a fee waiver. NOAA acknowledged receipt of the request and granted NRDC’s request for a fee waiver. After hearing nothing further from the agency, NRDC filed suit.
  Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees