PROTECT DEMOCRACY PROJECT, INC. v. U.S. CENSUS BUREAU et al and 8 other new FOIA lawsuits

We have added 85 documents from 9 FOIA cases filed between July 8, 2018 and July 14, 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. PROTECT DEMOCRACY PROJECT, INC. v. U.S. CENSUS BUREAU et al (filed Jul 10, 2018)
   Protect Democracy Project submitted FOIA requests to the Department of Commerce, the U.S. Bureau of the Census, the Department of Homeland Security, the Department of Justice, and OMB for records concerning the inclusion of a citizenship question on the 2020 Census form. PDP also requested a fee waiver. The Census Bureau denied PDP’s request for a fee waiver because the organization had not provided sufficient evidence that its request was in the public interest. The Commerce Department eventually closed the request. The other agencies acknowledged receipt of the requests, but after hearing nothing further from any of the agencies, PDP filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
2. AMERICAN IMMIGRATION COUNCIL v. U.S. IMMIGRATION AND CUSTOM ENFORCEMENT et al (filed Jul 9, 2018)
   The American Immigration Council submitted FOIA requests to U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement for records concerning individuals who had been apprehended by CBP or ICE. AIC also requested a fee waiver. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, AIC filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Center for Biological Diversity v. United States Forest Service (filed Jul 10, 2018)
   The Center for Biological Diversity submitted a FOIA request to the U.S. Forest Service for records concerning the Four Forests Restoration Initiative. The agency acknowledged receipt of the request and asked the Center to specify a time-frame. The Center do so. After hearing nothing further from the agency, the Center filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. American Civil Liberties Union of Northern California v. U.S. Department of Homeland Security, Immigration and Customs Enforcement (filed Jul 10, 2018)
   The ACLU of Northern California submitted FOIA requests to U.S. Immigration and Customs Enforcement for records concerning contracts awarded to G4S and other contractors to transport individuals to San Francisco. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the ACLU of Northern California filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. FIX THE COURT v. U.S. DEPARTMENT OF JUSTICE (filed Jul 10, 2018)
   Fix the Court submitted a FOIA request to the Department of Justice for records concerning correspondence between the agency and Brett Kavanaugh from 2001-2006 when he worked for the Bush administration. The agency acknowledged receipt of the request. The agency subsequently told Fix the Court that its request had not yet been processed. After hearing nothing further from the agency, Fix the Court filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. FIX THE COURT v. U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Jul 10, 2018)
   Fix the Court submitted a FOIA request to the National Archives and Records Administration for records concerning Brett Kavanaugh’s work with Independent Counsel Ken Starr. NARA acknowledged receipt of the request and sent Fix the Court a list of boxes with potentially responsive records. Fix the Court identified 19 boxes for NARA to search. NARA later told Fix the Court that its search would take several months. After hearing nothing further from the agency, Fix the Court filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. WALLICK v. AGRICULTURAL MARKETING SERVICE (filed Jul 10, 2018)
   Richard Wallick submitted a FOIA request to the Agricultural Marketing Service for records concerning the role of Material Review Organizations in the agency’s National Organic Program. The agency acknowledged receipt of the request. The agency sent Wallick an interim response. Wallick asked the agency if he could postpone his administrative appeal until the agency finished processing his request. The agency agreed. The agency later sent its final response and Wallick filed an administrative appeal. After hearing nothing further from the agency, Wallick filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. PROTECT DEMOCRACY PROJECT, INC. v. U.S. CENSUS BUREAU et al (filed Jul 10, 2018)
   The Protect Democracy Project submitted FOIA requests to the Department of Commerce and the U.S. Census Bureau for records concerning plans to include a citizenship question on the 2020 Census form. The agencies acknowledged receipt of the requests. The Commerce Department asked PDP if it would accept records responsive to two similar requests. PDP said that it would accept those records as responsive. However, after hearing nothing further from either agency, PDP filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
9. PROPERTY OF THE PEOPLE, INC. et al v. UNITED STATES DEPARTMENT OF JUSTICE (filed Jul 13, 2018)
   Property of the People and researcher Ryan Shapiro submitted a FOIA request to the FBI for records concerning communications to or from Associate Deputy Director David Bowdich, Chief of Staff Jim Rybicki, or Deputy Chief of Staff Dawn Burton mentioning the firing of James Comey. Property of the People also requested Comey’s calendar for the period beginning May 12, 2017. Property of the People also requested a fee waiver. The agency acknowledged receipt of the request and divided it into two separate requests. After hearing nothing further from the agency, Property of the People and Shapiro filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver