VETERAN ESQUIRE LEGAL SOLUTIONS, PLLC et al v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS

We have added 196 documents from 21 FOIA cases filed between February 4, 2018 and February 10, 2018. 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. VETERAN ESQUIRE LEGAL SOLUTIONS, PLLC et al v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (filed Feb 8, 2018)
   Veterans Esquire Legal Solutions submitted three FOIA requests to the Department of Veterans Affairs for the claims files of three clients. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Veterans Esquire Legal Solutions filed suit, alleging the agency had a pattern and practice of failing to timely respond to requests for veterans’ claims files.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Community Foundation of Northeast Alabama v. Anniston HMA LLC et al (filed Feb 5, 2018)
   The Community Foundation of Northeast Alabama filed suit to enforce an arbitration agreement with Anniston HMA. This suit was brought under the Federal Arbitration Act and is not a FOIA claim.
   Issues: FOIA not mentioned
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Feb 5, 2018)
   Judicial Watch submitted a FOIA request to the FBI for records concerning memos contained in the agency’s identified collection of records pertaining to former FBI Director James Comey. 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
4. DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF TRANSPORTATION (filed Feb 5, 2018)
   Democracy Forward Foundation submitted a FOIA request to the Department of Transportation for records concerning Daniel Elwell’s role on the deregulation team established by DOT. Democracy Forward Foundation also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Democracy Forward Foundation filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. SHISHA v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed Feb 5, 2018)
   Janet Shisha submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning herself. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Shisha filed suit.
   Issues: Failure to respond within statutory time limit
6. Sierra Club v. U.S. Department of Interior (filed Feb 6, 2018)
   The Sierra Club submitted FOIA requests to the Department of the Interior for records concerning communications to or from a specific DOI officials. The Sierra Club also asked for a fee waiver. The agency acknowledged receipt of the request and indicated it would be put in its complex track for processing. After hearing nothing further from the agency, the Sierra Club filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. ENVIRONMENTAL PROTECTION AGENCY (filed Feb 6, 2018)
   Public Employees for Environmental Responsibility submitted a FOIA request to the EPA for records concerning procedures put in place by the agency to assure that scheduled appearances by agency scientists at conferences will not be cancelled. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. State of California v. United States Department of Justice et al (filed Feb 7, 2018)
   The Attorney General of California submitted a FOIA request to the Department of Justice for records concerning additional requirements on immigration enforcement to qualify for the Edward Byrne Memorial Justice Assistance Grant Program run by the Office of Justice Management. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the State of California filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Civil Rights Education and Enforcement Center v. United States Department of Homeland Security et al (filed Feb 7, 2018)
   The Civil Rights Education and Enforcement Center submitted FOIA requests to the Department of Homeland Security for records concerning conditions at two detention centers in California and Alabama. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the Civil Rights Education and Enforcement Center filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
10. COMPETITIVE ENTERPRISE INSTITUTE v. UNITED STATES DEPARTMENT OF STATE (filed Feb 7, 2018)
    The Competitive Enterprise Institute submitted four FOIA requests to the Department of State for records concerning the Obama administration’s support of the Paris agreement on climate change. CEI also requested a fee waiver for each of its requests. After hearing nothing further from the agency, CEI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES et al (filed Feb 7, 2018)
    Democracy Forward Foundation submitted FOIA requests to the Department of Health and Human Services and the Centers for Medicare and Medicaid Services for records concerning the scheduled downtime for the healthcare.gov website. Democracy Forward Foundation submitted a second FOIA request to HHS and CMS for records concerning the length of the open enrollment period for 2018. Democracy Forward Foundation also requested a fee waiver for both requests. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, Democracy Forward Foundation filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
12. NICHOLS KASTER, PLLP et al v. UNITED STATES DEPARTMENT OF LABOR (filed Feb 7, 2018)
    The law firms of Nichols Kaster and Cohen Milstein Sellers & Toll submitted FOIA requests to the Department of Labor for records concerning home care services. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the two law firms filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Gannett Co., Inc. et al v. U.S. Department of Justice (filed Feb 7, 2018)
    Robin Amer, an investigative journalist, submitted a FOIA request to the FBI for a copy of audiotapes concerning Operation Silver Shovel, a political corruption investigation conducted by the FBI in Chicago in the 1990s. The FBI denied Amer’s request for the audiotapes on the basis of Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Gannett Co. filed an administrative appeal on behalf of Amer. The agency acknowledged receipt of the appeal, but after hearing nothing further Gannett and Amer filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Buffalo Field Campaign v. United States Department of Agriculture et al (filed Feb 7, 2018)
    The Buffalo Field Campaign submitted a FOIA request to the Animal and Plant Health Inspection Service for records concerning its “GonaCon” study, an immunocontraceptive vaccine being administered to wild bison removed from Yellowstone National Park. BFC also requested a fee waiver. The agency acknowledged receipt of the request. BFC made several attempts to ascertain the status of its request, but after hearing nothing further from the agency, BFC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. Rocky Mountain Wild v. United States Bureau of Land Management et al (filed Feb 8, 2018)
    Rocky Mountain Wild submitted a FOIA request to the Bureau of Land Management for records concerning the impact that leasing land for oil and mineral exploration will have on the Gunnison sage-grouse and other protected species. The agency acknowledged receipt of the request and began to process it. But after hearing nothing further from the agency, Rocky Mountain Wild filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. CHAVERRA v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al (filed Feb 8, 2018)
    Gilberto Chaverra submitted FOIA requests to the Department of Homeland Security for records concerning Jeancarlo Jimenez and his detention. U.S. Immigration and Customs Enforcement denied Chaverra’s request based on Exemption 7(A) (interference with ongoing investigation or proceeding). Chaverra submitted FOIA requests to other components, which failed to respond. Chaverra then filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. The Century Foundation v. DeVos et al (filed Feb 8, 2018)
    The Century Foundation submitted a FOIA request to the Department of Education for records concerning an application of initial recognition by the Accrediting Council for Independent Colleges and Schools. The Century Foundation also requested expedited processing. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Century Foundation filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Feb 9, 2018)
    Judicial Watch submitted a FOIA request to the Department of State for records prepared for the intelligence community by former UN Ambassador Samantha Powers pertaining to Russian attempts to influence the 2016 election. 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
19. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Feb 9, 2018)
    American Oversight submitted a FOIA request to the Department of Homeland Security for records concerning communications with States pertaining to the construction of a wall on the Mexican-U.S. border. American Oversight also submitted a FOIA request for communications with the White House on the subject of a border wall. American Oversight submitted a third FOIA request for communications with third parties on the subject of a border wall. The agency acknowledged receipt of the requests. American Oversight also requested expedited processing. Some components granted American Oversight’s request for expedited processing, while others did not. After hearing nothing further from the agency, American Oversight filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
20. Hernandez v. United States Bureau of Immigration and Custom Enforcement (filed Feb 9, 2018)
    Gabino Hernandez submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning an incident in which Hernandez was shot at by agents even though he had his hands in the air. The agency acknowledged receipt of the request. The agency denied the request on the basis of Exemption 7(A) (interference with ongoing investigation or proceeding). Hernandez filed an administrative appeal, which was denied by the agency. Hernandez then filed suit.
    Issues: Litigation – Attorney’s fees
21. Ecological Rights Foundation v. National Marine Fisheries Service (filed Feb 10, 2018)
    The Ecological Rights Foundation submitted a FOIA request to the National Marine Fisheries Service for records concerning the impact on the Yuba River of a proposed policy by the U.S. Army Corps of Engineers. The agency acknowledged receipt of the request. The agency disclosed 239 documents and withheld 54 documents in part under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). The Ecological Rights Foundation filed an administrative appeal. The agency acknowledged receipt of the appeal, but after hearing nothing further from the agency, the Ecological Rights Foundation filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index

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

• Northwest Environmental Advocates v. Animal and Plant Health Inspection Service (filed Jan 30, 2018)