NADOLNY et al v. UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION and 6 other new FOIA lawsuits

We have added 25 documents from 7 FOIA cases filed between November 20, 2016 and November 26, 2016. 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. NADOLNY et al v. UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION (filed Nov 21, 2016)
   Tricia Nadolny, a reporter for the Philadelphia Inquirer, submitted ten FOIA requests to the Consumer Product Safety Commission for records concerning the safety hazards posed by IKEA dressers that were prone to tip over. After hearing nothing further from the agency, Nadolny filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Saidi v. US Citizenship and Immigration Services, et al (filed Nov 22, 2016)
   Wadesisi Saidi submitted a FOIA request to U.S. Citizenship and Immigration Services for his alien file. The agency located 107 pages and disclosed 44 pages in full and seven pages in part, withholding two pages. It referred 54 pages to the Department of State. Saidi filed an administrative appeal with USCIS, which released the two withheld pages. He did not hear from the State Department and finally filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. CENTER FOR BIOLOGICAL DIVERSITY, INC. v. FEDERAL RAILROAD ADMINISTRATION (filed Nov 21, 2016)
   The Center for Biological Diversity submitted a FOIA request to the Federal Railroad Administration for records concerning the agency’s approval of Alaska Railroad Corporation’s application to carry liquefied natural gas containers by rail. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Center for Biological Diversity filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Moore v. United States Probation et al (filed Nov 21, 2016)
   Richard Moore, a federal prisoner, submitted a FOIA request to the U.S. Probation Office for records about himself. After hearing nothing further from the agency, Moore filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. (PS) Hopkins v. United States Department of Labor et al (filed Nov 22, 2016)
   Jermaine Hopkins submitted a FOIA request to the Department of Labor for the investigation of his fair pay complaint against the City of Austin. The agency sent Hopkins a CD containing 75 documents. However, it withheld more than 7,000 responsive documents under Exemption 4 (confidential business information), Exemption 6 (invasion of privacy), and Exemption 7 (law enforcement records). Hopkins filed an administrative appeal, but after hearing nothing further from the agency, Hopkins filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
6. FREEDOM WATCH v. BUREAU OF LAND MANAGEMENT et al (filed Nov 22, 2016)
   Freedom Watch submitted a FOIA request to the Bureau of Land Management and the Department of Justice for records concerning the government’s confrontation with Cliven Bundy and his supporters in Nevada. The agencies received the requests by certified mail, but after hearing nothing further from either agency, Freedom Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. FRIENDS OF THE RIVER v. UNITED STATES ARMY CORPS OF ENGINEERS et al (filed Nov 23, 2016)
   Friends of the River submitted four FOIA requests to the U.S. Army Corps of Engineers for records concerning the Corps’ operation and maintenance of the Englebright and Daguerre Point Dams on the Yuba River. The agency acknowledged receipt of all four requests. It told Friends of the River that it was not obligated to seek records that belonged to the National Marine Fisheries Service, but otherwise failed to respond to any of the requests. Friends of the River filed administrative appeals of the delays, but after hearing nothing further from the agency, Friends of the River filed suit. This case was initially filed in September in the Northern District of California but has now been transferred to the District of Columbia.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Jurisdiction – Venue