Privacy International et al v. Federal Bureau of Investigation et al and 18 other new FOIA lawsuits

We have added 182 documents from 18 FOIA cases filed between December 16, 2018 and December 22, 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. Privacy International et al v. Federal Bureau of Investigation et al (filed Dec 21, 2018)
   Privacy International, the ACLU and the Civil Liberties and Transparency Clinic submitted FOIA requests to the FBI and a number of other law enforcement agencies within the Department of Justice, the Department of Homeland Security, and the Department of Treasury for records concerning the use by law enforcement agencies of hacking techniques. They also submitted a second FOIA request to various Inspector Generals for records concerning the investigation or evaluation of hacking techniques by the agencies. Both requests asked for expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. Several agencies denied PI’s request for expedited processing and PI filed an administrative appeal. After hearing nothing further from any of the agencies, PI, the ACLU and the CLTC filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. INSTITUTE FOR ENERGY RESEARCH v. UNITED STATES DEPARTMENT OF STATE (filed Dec 17, 2018)
   The Institute for Energy Research submitted a FOIA request to the Department of State for records concerning correspondence to or from specified former or current officials pertaining to oversight by the House of Representatives and/or environmental issues and foreign efforts to influence U.S. policy. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, IER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. PROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Dec 18, 2018)
   The Project on Government Oversight submitted a FOIA request to the Department of Justice’s National Security Division for records concerning statistics for investigations of unauthorized disclosures of information by the National Security Division. The agency acknowledged receipt of the request and told POGO that because of the complexity of its request processing would take some time. After hearing nothing further from the agency, POGO filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. INSTITUTE FOR ENERGY RESEARCH v. UNITED STATES DEPARTMENT OF THE TREASURY (filed Dec 19, 2018)
   The Institute for Energy Research submitted a FOIA request to the Department of Treasury for records concerning correspondence to or from former or current directors or acting directors at the Office of Environment and Energy pertaining to oversight by the House of Representatives and/or environmental issues and attempts by foreign countries to influence U.S. policy. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, IER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. ENVIRONMENTAL DEFENSE FUND v. UNITED STATES DEPARTMENT OF TRANSPORTATION (filed Dec 19, 2018)
   The Environmental Defense Fund submitted three FOIA requests to the Department of Transportation for records concerning correspondence to or from Secretary Elaine Chao, the director and deputy director of the National Highway Traffic Safety Administration pertaining to a joint rulemaking between DOT and the EPA to weaken the clean car standards. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, EDF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
6. THE BRADY CENTER TO PREVENT GUN VIOLENCE v. U.S.DEPARTMENT OF STATE (filed Dec 19, 2018)
   The Brady Center to Prevent Gun Violence submitted a FOIA request to the Department of State for records concerning the settlement agreement reached between the agency and Defense Distributed pertaining to the company’s potential violation of the International Traffic in Arms Regulation by disseminating plans to build a 3D printer hand gun. The agency acknowledged receipt of the request and told the Brady Center that if it would narrow the scope of its request it could be processed more expeditiously. The Brady Center did so, but after hearing nothing further from the agency, the Brady Center filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. PROPERTY OF THE PEOPLE, INC. et al (filed Dec 19, 2018)
   Property of the People and researcher Ryan Shapiro submitted FOIA requests to the Department of State and a number of other agencies for records concerning contacts between the agencies and the National Rifle Association pertaining to certain topics. The agencies acknowledged receipt of the requests, but after hearing nothing further from any of the agencies, Property of the People and Shapiro filed suit.
   Issues: Failure to respond within statutory time limit, Fee Category – Media or Educational, Litigation – Attorney’s fees, Public Interest Fee Waiver
8. SERVICE EMPLOYEES INTERNATIONAL UNION v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES et al (filed Dec 20, 2018)
   The Service Employees International Union submitted a request to the Centers for Medicare and Medicaid Services for records concerning communications between named individuals and certain various officials and organizations in Illinois. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, SEIU filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF COMMERCE (filed Dec 20, 2018)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Commerce for records concerning communications between former White House advisor to the Department of Commerce Eric Branstad and former Trump campaign advisor Rick Gates from January 2017 to March 2018. CREW also requested a fee waiver. The agency acknowledged receipt of CREW’s request and granted its request for a fee waiver. The agency asked CREW to modify its request, which it did. After hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. GANNETT SATELLITE INFORMATION NETWORK, LLC et al v. DEPARTMENT OF DEFENSE (filed Dec 20, 2018)
    USA Today reporter Bret Murphy submitted a FOIA request to Central Command. Central Command acknowledged receipt of the request. Central Command withheld some records and Murphy filed an administrative appeal. After hearing nothing further from the agency, Murphy filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. NATIONAL PUBLIC RADIO INC. et al v. FEDERAL BUREAU OF INVESTIGATION (filed Dec 21, 2018)
    National Public Radio Science Reporter Rebecca Hersher submitted a FOIA request to the FBI for records concerning video tapes of ballistics tests run on handguns and rifles using common ammunition. NPR requested a fee waiver. The FBI acknowledged receipt of the request and denied the request under Exemption 7(E) (investigative methods and techniques). Hersher filed an administrative appeal arguing that 7(E) was inapplicable because the use of these ballistics tests was publicly known. The FBI denied her administrative appeal and Hersher and NPR filed suit.
    Issues: Litigation – Attorney’s fees
12. Scott v. Internal Revenue Service (filed Dec 21, 2018)
    James Scott submitted a FOIA request to the IRS for records. The agency located 826 responsive records and disclosed 696 records in full. It with 130 pages in full and 36 pages in part under Exemption 3 (other statutes) and Exemption 5 (privileges). Scott filed an administrative appeal, which was denied. Scott then filed suit.
    Issues: Litigation – Attorney’s fees
13. Whitman v. Washington (filed Dec 19, 2018)
    Isaac Whitman filed against Francine Washington, president of the Central Advisory Council. This is not a FOIA case.
    Issues: FOIA not mentioned
14. Hispanic Federation et al v. Department of The Air Force (filed Dec 20, 2018)
    The Hispanic Federation, five other Hispanic organizations, and the Southwest Environmental Center submitted FOIA requests to the Department of the Air Force for records concerning environmental hazards and the proposed detention camp at Goodfellow AFB. The organizations also requested expedited processing. The Air Force acknowledged receipt of the requests and granted the request for expedited processing. After considerable back and forth pertaining to the expedited processing of the request, the Air Force indicated that it hoped to gather the responsive materials within the next two weeks. After hearing nothing further from the agency, the Hispanic Federation and the other organizations filed suit.
    Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. American Civil Liberties Union et al v. Office of the Director of National Intelligence et al (filed Dec 21, 2018)
    The ACLU submitted FOIA requests to the Office of the Director of National Intelligence, the National Security Agency, the CIA, and the Department of Justice for records concerning the USA Freedom Act. The ACLU also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the request. All of the agencies denied the ACLU’s request for expedited processing. After hearing nothing further from any of the agencies, the ACLU filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
16. American Civil Liberties Union of Arizona v. U.S. Immigration and Customs Enforcement et al (filed Dec 19, 2018)
    The ACLU of Arizona submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning policies for contacts between local law enforcement and the agency’s Law Enforcement Support Center. The ACLU of Arizona also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the ACLU of Arizona filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
17. Osorio v. United States Citizenship and Immigration Services et al (filed Dec 19, 2018)
    Araceli Osorio submitted a FOIA request to U.S. Citizenship and Immigration Services for her Alien File. The agency acknowledged receipt of the request and indicated that some of Osorio’s records were in they custody of another component. After hearing nothing further from the agency, Osorio filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. Miami Waterkeeper, Inc. v. U.S. Army Corps of Engineers (filed Dec 21, 2018)
    Miami Waterkeepers submitted a FOIA request to the U.S. Army Corps of Engineers for records concerning the Port Everglades Project and the completed Port Miami dredging and expansion project. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Miami Waterkeepers filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 9 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• Phillips v. Texas Department of Family Protective Services et al (filed Dec 14, 2018)