REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS et al v. FEDERAL BUREAU OF INVESTIGATION et al and 10 other new FOIA lawsuits, plus case descriptions

We have added 77 documents from 11 FOIA cases filed between August 23, 2015 and August 29, 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. REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS et al v. FEDERAL BUREAU OF INVESTIGATION et al (filed Aug 27, 2015)
   The Reporters Committee for Freedom of the Press and the Associated Press submitted separate FOIA requests to the FBI for records concerning the agency’s practice of impersonating journalists to deliver surveillance software to targets of criminal investigations. The FBI told the Associated Press that requests like theirs normally took 649 days. The AP appealed the agency’s failure to respond, but the Office of Information Policy refused to consider the appeal because the agency had not made an adverse determination. The Reporters Committee made two requests and asked for expedited processing. The FBI denied its request for expedited processing. The Reporters Committee also appealed the agency’s failure to respond to its requests. OIP upheld the FBI’s search as to one of the Reporters Committee’s requests, but indicated that it would not consider its appeal on the failure to respond issue because the agency had not yet made an adverse determination. Both the Reporters Committee and the Associated Press then filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Fee Category – Media or Educational, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. Drummond Company Inc v. United States Environmental Protection Agency (filed Aug 28, 2015)
   The Drummond Company submitted a FOIA request to the EPA for records concerning the 35th Avenue Superfund Site in Birmingham. The EPA had identified Drummond as one of five parties potentially liable for the site’s cleanup. The agency disclosed records to Drummond but withheld a large number of records under various exemptions, particularly Exemption 5 (privileges). Drummond filed an administrative appeal, but heard nothing further from the agency. Drummond submitted another FOIA request for records concerning a petition from a citizens’ organization known as GASP pertaining to the 35th Avenue Superfund Site. After the agency withheld some records, Drummond appealed again, but the agency did not respond further to that appeal. Drummond submitted a third FOIA request for records concerning complaints filed with the EPA’s Office of Civil Rights by David Ludder. Unsatisfied with the agency’s response, Drummond once again filed an appeal. The agency had not responded to any of Drummond’s appeals by the time it filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees
3. Lewis v. Department of the Army et al (filed Aug 24, 2015)
   Frances Glenda Lewis submitted a FOIA request to the Eisenhower Medical Center at Fort Gordon for any records concerning mail that was returned to the Medical Center as undeliverable when mailed to Lewis. She also requested the contents of any such mail. After hearing nothing further from the agency, Lewis filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Demetriades v. Wytheville SSA, LLC et al (filed Aug 24, 2015)
   Peter Demetriades wrote to the Wythville, VA, Social Security Administration Office asking for a monthly break down of his monthly payments since 2012. After hearing nothing further from the agency, Demetriades filed suit.
   Issues: Failure to respond within statutory time limit
5. CENTER FOR FOOD SAFETY v. ANIMAL AND PLANT HEALTH INSPECTION SERVICE (filed Aug 25, 2015)
   The Center for Food Safety submitted a FOIA request to the Animal and Plant Health Inspection Service for records concerning the agency’s proposed update of Plant Protection Act regulations. The agency acknowledged receipt of the request, but after numerous subsequent contacts with the agency failed to produce a response to its request, the Center for Food Safety filed suit, alleging that APHIS had a pattern and practice of failing to respond to the Center’s requests.
   Issues: Delay, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Sorin v. U.S. Department of Justice (filed Aug 26, 2015)
   William Sorin submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning his prosecution. He ultimately received six pages. He appealed to the Office of Information Policy, but after hearing nothing further pertaining to his appeal, he filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
7. BLASZCZAK v. CENTERS FOR MEDICARE AND MEDICAID SERVICES (filed Aug 27, 2015)
   David Blaszczak, a healthcare policy advisor, submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning FOIA requests submitted to CMS by Brody Mullins and the agency’s responses. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Blaszczak filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Rojas v. Federal Aviation Administration (filed Aug 28, 2015)
   Jorge Alexandro Rojas submitted several FOIA requests to the FAA. The agency failed to acknowledge receipt of any of the requests and Rojas ultimately filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Northern Laramie Range Alliance, LLC et al v. United States Fish and Wildlife Service (filed Aug 28, 2015)
   The Northern Laramie Range Alliance, an organization dedicated to preserving the Northern Laramie Mountains in Wyoming, submitted a FOIA request to the U.S. Fish and Wildlife Service for records concerning a proposed wind energy facility to be built in Glenrock, Wyoming by Wasatch Wind Intermountain. The agency acknowledged receipt of the request and told the Alliance it was sending records to Wasatch for comment concerning confidentiality. After hearing nothing further from the agency, the Alliance filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. PULLIAM v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY et al (filed Aug 28, 2015)
    Raymond Pulliam submitted FOIA requests to the EPA, the Department of Defense, and the Department of Justice, for records concerning toxic contamination at the former Fort McClellan Army Base. All three agencies acknowledged receipt of the requests. Neither the EPA nor the Department of Defense had responded by the time Pulliam filed suit. The Justice Department told Pulliam it had no records. Pulliam appealed that decision, which was affirmed by the Office of Information Policy. Pulliam filed suit against all three agencies.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. WILEY REIN LLP v. U. S. DEPARTMENT OF STATE (filed Aug 28, 2015)
    The law firm of Wiley Rein submitted a FOIA request to the Department of State for two unclassified cables sent by the U.S. Embassy in Turkey. The law firm also requested expedited processing. After 17 months, the agency told Wiley Rein that it needed to confer with other agencies as to whether the cables should be disclosed. Wiley Rein appealed to the Appeals Review Panel. But after hearing nothing further from the appeals panel, Wiley Rein filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees