PUBLIC ADVOCATE OF THE UNITED STATES v. CENTERS FOR DISEASE CONTROL AND PREVENTION and 6 other new FOIA lawsuits

We have added 44 documents from 5 FOIA cases filed between March 15, 2020 and March 21, 2020. 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. PUBLIC ADVOCATE OF THE UNITED STATES v. CENTERS FOR DISEASE CONTROL AND PREVENTION (filed Mar 20, 2020)
   Public Advocates of the United States submitted a FOIA request to the Centers for Disease Control for records concerning the production of the 2014 video series Start Talking. Stop HIV. PAUS also requested expedited processing and a fee waiver. CDC acknowledged receipt of the request. CDC subsequently denied PAUS’s requests for expedited processing and a fee waiver. CDC then told PAUS that its request was too broad and would be closed. CDC subsequently agreed to search for records but asked PAUS to pay $5,958 in estimated fees. PAUS filed an administrative appeal challenging the fee estimate and asking for a fee waiver instead. After hearing nothing further from the agency, PAUS filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
2. LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE (filed Mar 16, 2020)
   BuzzFeed reporter Jason Leopold submitted FOIA requests to components of the Department of Justice for records provided to Attorney General William Barr pertaining to impeachment and the investigation of Russian interference in the 2016 presidential campaign, including opening criminal investigations into the basis of the impeachment charges against President Trump and the possibility of pardoning Michael Flynn. Leopold also asked for expedited processing and a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Leopold filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. AMERICAN IMMIGRATION LAWYERS ASSOCIATION v. US DEPT OF JUSTICE OFFICE OF INFORMATION POLICY (filed Mar 17, 2020)
   The American Immigration Lawyers Association submitted a FOIA request to the Executive Office for Immigration Review at the Department of Justice for records concerning hiring procedures for administrative law judges. The agency acknowledged receipt of the request but after hearing nothing further from the agency AILA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF AGRICULTURE et al (filed Mar 18, 2020)
   The Center for Biological Diversity submitted a FOIA request to the Food Safety and Inspection Service at the Department of Agriculture for records concerning environmental impacts of FSIS’s proposed Modernization of Swine Slaughter Inspection rule. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CBD filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
5. LEOPOLD et al v. CENTRAL INTELLIGENCE AGENCY (filed Mar 20, 2020)
   BuzzFeed reporter Jason Leopold submitted three FOIA requests to the CIA for records concerning investigations closed in 2017. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of his requests, Leopold filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 2 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• Castellon-Garzon v. Director, USCIS Nebraska Service Center et al (filed Mar 11, 2020)
• CAMARA v. TRUMP et al (filed Mar 9, 2020)