LONG et al v. IMMIGRATION AND CUSTOMS ENFORCEMENT and 8 other new FOIA lawsuits

We have added 49 documents from 9 FOIA cases filed between June 4, 2017 and June 10, 2017. 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. LONG et al v. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Jun 8, 2017)
   Susan Long and David Burnham, co-directors of the Transactional Records Access Clearinghouse, submitted monthly FOIA requests to U.S. Immigration and Customs Enforcement for anonymous case-by-case information about individuals deported by ICE as a result of its Secure Communities or successor programs. In its most recent response to TRAC’s monthly request, the agency failed to provide a number of data fields that it had disclosed previously. TRAC filed an administrative appeal of the agency’s response. ICE responded to the appeal by telling TRAC that the agency database did not contain that information and it was not required to provide it. TRAC then filed suit.
   Issues: Litigation – Attorney’s fees
2. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Jun 5, 2017)
   Judicial Watch submitted a FOIA request to the Department of Justice for records concerning settlements with corporate defendants that required contributions to La Raza, the Urban League, or the National Community Reinvestment Coalition. The agency acknowledged receipt of the request. The Civil Division told Judicial Watch that it did not have any records, but after hearing nothing further from the other agency components, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
3. Rivera v. United States Department of Energy et al (filed Jun 6, 2017)
   Anthony Rivera, a former employee at Lawrence Livermore National Laboratory, submitted a FOIA request to the National Nuclear Security Administration for records concerning the agency’s contract with Lawrence Livermore. The agency acknowledged receipt of the request and asked Rivera to narrow the scope of his request, which he did. After hearing nothing further from the agency, Rivera filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. VISALDEN v. SPEER (filed Jun 6, 2017)
   Luis Visalden submitted three FOIA requests to the Department of the Army for records concerning a report of investigation. The agency withheld a military police report and a law enforcement report under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Visalden filed an administrative appeal of that decision. After hearing nothing further from the agency concerning either the appeal or his two subsequent requests, Visalden filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF VETERANS' AFFAIRS (filed Jun 6, 2017)
   Judicial Watch submitted a FOIA request to the Department of Veterans Affairs for records concerning the Veterans Affairs Greater Los Angeles Healthcare System. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. Electronic Frontier Foundation v. US Department of Justice (filed Jun 7, 2017)
   The Electronic Frontier Foundation submitted a FOIA request to the FBI for records concerning the review of National Security Letter procedures. The agency acknowledged receipt of the request, but told EFF that it could not locate a main file responsive to the request. EFF filed an administrative appeal. After the agency failed to respond to EFF’s appeal, EFF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Board of Commissioners of Clermont County, Ohio v. United States Environmental Protection Agency (filed Jun 8, 2017)
   The Board of Commissioners of Clermont County, Ohio submitted a FOIA request to the EPA for records concerning CECOS, a closed hazardous waste site. The agency responded to the Board’s request, but withheld 60 records under Exemption 5 (privileges). The Board filed an administrative appeal. In response to the Board’s appeal, the agency disclosed three documents, but indicated it could not find ten documents. The Board then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
8. FOOD & WATER WATCH, INC. v. U.S. DEPARTMENT OF AGRICULTURE et al (filed Jun 9, 2017)
   Food & Water Watch submitted two FOIA requests to the Food and Safety Inspection Service at the Department of Agriculture for records concerning companies that opted to adopt the New Poultry Inspection System. In response to its first FOIA request, the agency withheld the identities of companies under Exemption 4 (confidential business information). In response to its second FOIA request, the agency disclosed 258 pages with redactions under Exemption 4, Exemption 5 (privileges) and Exemption 6 (invasion of privacy). FWW did not appeal the agency’s response to its first request, but did appeal its response to the second request. The agency denied its appeal and Food & Water Watch filed suit.
   Issues: Litigation – Attorney’s fees
9. Cox v. Executive Office of US Attorneys et al (filed Jun 9, 2017)
   Francis Cox, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys and other components of the Justice Department for records concerning himself. The agencies acknowledged receipt of the requests, but Cox was dissatisfied with their responses or lack thereof and filed suit.
   Issues: Failure to respond within statutory time limit