Center for Biological Diversity et al v. Bureau of Industry and Security et al and 10 other new FOIA lawsuits, plus case descriptions

We have added 42 documents from 9 FOIA cases filed between September 20, 2015 and September 26, 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. Center for Biological Diversity et al v. Bureau of Industry and Security et al (filed Sep 24, 2015)
   The Center for Biological Diversity submitted a FOIA request to the Bureau of Industry and Security at the Department of Commerce for records concerning the authorization to export crude oil from the United States to foreign countries. The agency responded to the Center’s request by indicating that it did not have records pertaining to several items and denying access to other records under Exemption 3 (other statutes), citing the Export Administration Act. The Center appealed, noting that a district court in the Northern District of California had held that the Export Administration Act was no longer a valid Exemption 3 statute because it had expired and never been reauthorized. The agency upheld the use of the Export Administration Act to withhold the records. The Center then filed suit.
   Issues: Exemption 3 – Statutory prohibition of disclosure, Litigation – Attorney’s fees
2. BEAR et al v. INTERNAL REVENUE SERVICE et al (filed Sep 24, 2015)
   Richard and Stephanie Bear submitted a FOIA request to the IRS for the administrative file on their company, Ultra Property Services. The Bears were suing Michael Shanahan for legal malpractice for his previous representation of the Bears before the IRS. The agency had refused to allow an agent to be deposed as part of their suit. In response to the Bears’ FOIA request, the agency disclosed 353 pages and withheld 13 pages under Exemption 3 (other statutes) and Exemption 6 (invasion of privacy). In response to the Bears’ request for the account transcript, the agency indicated that it could be obtained through another routine process. The agency declined the Bears’ request to authenticate the records disclosed. The Bears then filed suit on all their claims, including the FOIA response.
   Issues: Litigation – Attorney’s fees
3. Hamlin v. Department of Health and Human Services et al (filed Sep 21, 2015)
   John Hamlin filed suit against several federal agencies alleging violation of Section 7 of the Privacy Act, which restricts the use of social security numbers as identifiers. He also filed a claim under the Health Insurance Portability and Accountability Act alleging that the agencies violated the privacy provisions by using social security numbers. Hamlin may have a cause of action for improper use of personal identifiers, but there is no cause of action here pertaining to FOIA.
   Issues: FOIA not mentioned
4. Harper v. Mastroianni et al (filed Sep 23, 2015)
   Rodney Harper submitted a FOIA request to the Equal Employment Opportunity Commission for records about his complaint. The agency acknowledged receipt of the request. After hearing nothing further, Harper filed an appeal. The agency acknowledged receipt of the appeal, but after still hearing nothing further from the agency, Harper filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Hamlin v. United States Department of Health and Human Services et al (filed Sep 21, 2015)
   John Hamlin submitted a FOIA request to the Centers for Medicare and Medicaid for records showing the number of diagnostic radiologists and diagnostic radiology groups in every state. After hearing nothing further from the agency, Hamlin filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Cohens v. Comey et al (filed Sep 22, 2015)
   Edwin Cohens submitted a FOIA request to the FBI and several other agencies for records about himself. He alleged that he was the subject of surveillance by the Alameda County Sheriff’s Department and wanted the federal agencies to be searched. Cohens’ complaint is in the form of a request and he spends most of the complaint reciting support for why he is being subject to surveillance. There is no allegation that any federal agency has yet violated FOIA.
   Issues: Adequacy – Search
7. VANNIER v. U.S. DEPARTMENT OF JUSTICE (filed Sep 22, 2015)
   Merrell Vannier, a former member of the Church of Scientology who had been investigated by the FBI for his church membership, made two requests to the FBI. The first request asked for records about himself and his relationship to the Church. The second request asked for records about Gabriel Cazares, who Vannier said had been interviewed by the FBI concerning Vannier’s relationship with the Church. After some back and forth with the agency, Vannier was persuaded to narrow his request so that it would be processed more quickly. He also requested classification in the news media fee category. However, he later agreed to commit to paying up to $1000 for costs associated with his request. Vannier appealed the agency’s classification, but hearing nothing further from the agency, Vannier filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. RELIGIOUS LIBERTY LEAGUE v. U.S. DEPARTMENT OF JUSTICE (filed Sep 22, 2015)
   The Religious Liberty League, which publishes a blog, submitted a FOIA request to the FBI for records on the late James Connor Mulligan, who was prominent in the Church of Scientology at one time. The group also asked to be classified in the news media fee category and requested a fee waiver as well. The FBI searched is central records system and told the group that it found no records. The group appealed to the Office of Information Policy, but after hearing nothing further, the group filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Torres Consulting and Law Group LLC v. United States Department of Veterans Affairs (filed Sep 23, 2015)
   The Torres Consulting and Law Group submitted two FOIA requests to the Department of Veterans Affairs on behalf of their client Colorado Building and Construction Trades Council for records concerning whether subcontractors on two department construction projects were being paid the prevailing wage. The agency classified Torres as a commercial requester. Torres appealed the fee classification, which was upheld by the agency. Torres then complained to the Office of Government Information Services, which closed the case when the agency refused to negotiate. Torres then filed suit.
   Issues: Fee Category – Commercial, Litigation – Attorney’s fees

In addition, we have added 10 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• Kurasz v. Defense Logistics Agency (filed Sep 17, 2015)
  Michael Kurasz submitted a FOIA request to the Defense Logistics Agency for his personnel file. The agency told Kurasz that the records he requested had been previously disclosed to him as part of a prior FOIA request. Dissatisfied with the agency’s response, Kurasz filed an administrative appeal. The agency affirmed its initial decision that Kurasz had already received the records. Kurasz then filed suit.
  Issues: Request – Specificity
• Yusim v. US Housing and Urban Development (filed Sep 16, 2015)
  Mikhail Yusim submitted a FOI request to the Department of Housing and Urban Development for his entire file, including the complaint he had filed. After hearing nothing further from the agency, Yusim filed suit.
  Issues: Failure to respond within statutory time limit