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41 new FOIA court documents, plus case descriptions

by on December 17, 2013

We have added 41 documents from 5 FOIA cases filed between December 8, 2013 and December 14, 2013. 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. Angeles-Badillo v. United States Customs and Border Protection (filed Dec 9, 2013)
    Angeles-Badillo requested the CBPs investigative file that had concluded he was subject to expedited removal from the U.S. Although the agency acknowledged receipt of the request, after a year went by with no further action, Angeles-Badillo filed suit.
    Issues: adequacy of search, disclosure of non-exempt records, production of Vaughn index, attorneys fees
  2. ELECTRONIC PRIVACY INFORMATION CENTER v. DEPARTMENT OF JUSTICE (filed Dec 9, 2013)
    EPIC requested from the Justice Departments National Security Division semi-annual reports submitted on the use of pen registers and trap and trace devices for national security purposes. Although the agency acknowledged EPICs request and granted expedited processing and a fee waiver, no further action had been taken by the time EPIC filed suit.
    Issues: expedited proceedings, disclosure of non-exempt records, attorneys fees
  3. ENVIRONMENTAL INTEGRITY PROJECT et al v. SMALL BUSINESS ADMINISTRATION (filed Dec 9, 2013)
    The Environmental Integrity Project, Earthjustice, and the Sierra Club requested records on a draft regulation proposed by EPA to revise effluent limitation guidelines for the Steam Electric Power Generating Category to reduce coal-powered plant water pollution. The SBA was heavily involved in the inter-agency review of the regulation. The request included records of any inter-agency communications between SBA, EPA, OMB and other agencies. The SBA indicated it found 44 records in this category, but withheld 20 of them under Exemption 5 (privileges). The public interest organizations appealed and SBA disclosed one previously withheld document and referred several documents to EPA and OMB. The public interest groups then filed suit. Issues: improper withholding, attorneys fees
  4. Rickenbaugh v. United States Department of the Interior et al (filed Dec 11, 2013)
    Rickenbaugh requested from the Bureau of Land Management all records related to the proposed Sutey Ranch land exchange and asked for expedited processing and a fee waiver. The agency denied her request for expedited processing and a fee waiver. Rickenbaugh then agreed to pay up to $400. The agency told her it would withhold appraisal records under Exemption 5 (privileges). Rickenbaugh filed an appeal, but after hearing nothing further from the agency, she filed suit. Issues: improper withholding, sanctions, attorneys fees
  5. WEINBERGER v. DEPARTMENT OF DEFENSE (filed Dec 11, 2013)
    Sharon Weinberger, a fellow at the Woodrow Wilson International Center for Scholars, requested records related to interviews of former directors of the Defense Advanced Research Projects Agency. The agency provided some records, but withheld others under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Weinberger appealed administratively, but when the agency failed to respond within the statutory time limits, she filed suit. Issues: improper withholding, attorneys fees
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From → FOIA, PACER

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