We have added 45 documents from 10 FOIA cases filed between January 3, 2016 and January 9, 2016. 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.
- Civil Beat Law Center for the Public Interest, Inc. v. Centers for Disease Control & Prevention (filed Jan 7, 2016)
Civil Beat Law Center for the Public Interest submitted a FOIA request to the Centers for Disease Control and Prevention for records concerning an inspection conducted by the agency of the biolabs at the University of Hawaii at Manoa. The agency acknowledged receipt of the request. The agency denied the request under Exemption 3 (other statutes), citing the Public Health Security and Bioterrorism Preparedness and Response Act read more…
We have made the following updates to the Agency FOIA Backlogs and Processing Times data tool:
- Data for DHS – U.S. Citizenship & Immigration Services updated through September 2015
- Data for DoD – Army updated through September 2015
We have added 7 decisions of a procedural or substantive nature filed between December 13, 2015 and January 5, 2016. These are associated with 7 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.
Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.
- CAN 3:2006cv00185 — Pickard v. Department of Justice
- December 24, 2015: TENTATIVE RULING ORDERING RELEASE OF DOCUMENTS FOLLOWING IN CAMERA REVIEW. Re: Dkt. No. [198] Telephonic case management conference set for 1/20/2016 11:00 AM in San Jose. Both parties to file status reports by 1/13/2016. Signed by Judge Nathanael Cousins on 12/24/2015. (lmh, COURT STAFF) (Filed on 12/24/2015)
We have added 149 documents from 21 FOIA cases filed between December 13, 2015 and January 2, 2016. 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.
- Freedom of the Press Foundation v. Department of Justice (filed Dec 14, 2015)
The Freedom of the Press Foundation submitted a FOIA request to the Department of Justice for records from January – July 2014 concerning communications between the agency and Congress pertaining to proposed FOIA legislation. The Foundation requested expedited processing, which was granted. After DOJ failed to respond by the end of 2014, the Foundation updated its request to include the same kinds of communications up through April 2015. The agency again granted the Foundation expedited processing, but after the agency failed to provide any substantive response, the Foundation filed suit.
Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
Update to FOIA Lawsuits data tool
We have updated the FOIA Lawsuits data tool with the most recently completed fiscal year. Coverage for the tool now ranges from FY 2001 through FY 2015.
FOIA Lawsuits Reach Record High
Figure 1. Rise in FOIA Lawsuits
during the Obama Administration
The annual number of Freedom of Information Act (FOIA) cases filed in federal court has reached an all time high of 498 in FY 2015, according a 15-year analysis by the Transactional Records Access Clearinghouse (TRAC).
For a more recent time period, the data show that the 919 FOIA cases filed during the last two years (FY 2014 and 2015) represent a 54 percent increase over the 595 such matters filed during FY 2009 and 2010, the first two years of the Obama Administration (see Figure 1 and Table 1).
We have added 6 decisions of a procedural or substantive nature filed between December 6, 2015 and December 12, 2015. These are associated with 6 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.
Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.
- CAN 3:2010cv03759 — The American Civil Liberties Union of North California et al v. Federal Bureau of Investigation
- December 8, 2015: STIPULATION AND ORDER RE [159] Regarding Production of Documents and Entry of Judgment. Signed by Judge Richard Seeborg on 12/8/15. (cl, COURT STAFF) (Filed on 12/8/2015) Modified on 12/11/2015 (cl, COURT STAFF).
Schwartz v. Department of Defense et al and 12 other new FOIA lawsuits, plus case descriptions
We have added 93 documents from 12 FOIA cases filed between December 6, 2015 and December 12, 2015. 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.
- Schwartz v. Department of Defense et al (filed Dec 11, 2015)
Mattathias Schwartz, a writer with The New Yorker, submitted FOIA requests to the intelligence agencies for records concerning courtroom proceedings at Guantanamo Bay. None of the agencies except for the Defense Department responded to Schwartz’s requests. The Defense Department located 98 pages and disclosed them with redactions made under Exemption 4 (confidential business information), Exemption 6 (invasion of privacy), and Exemption 7(A) (interference with ongoing investigation or proceeding) read more…
We have added 5 decisions of a procedural or substantive nature filed between November 29, 2015 and December 5, 2015. These are associated with 5 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.
Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.
- CAN 3:2015cv03510 — Stein v. United States Department of Commerce
- December 1, 2015: ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 2/10/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on December 1, 2015. (wsn, COURT STAFF) (Filed on 12/1/2015)
We have added 51 documents from 6 FOIA cases filed between November 29, 2015 and December 5, 2015. 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.
- JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF COMMERCE (filed Dec 2, 2015)
Judicial Watch submitted a FOIA request to the National Oceanic and Atmospheric Administration at the Department of Commerce for records concerning the use of various temperature data. The agency acknowledged receipt of the request, but after the agency failed to respond within the statutory time limits, Judicial Watch filed suit read more…
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