Century Found. v. U.S. Dep't of Education (S.D.N.Y.) -- denying plaintiff's request for attorney's fees after finding that disclosure of records was triggered by APA-related temporary restraining order, and that all of plaintiff's FOIA claims lacked merit.
Summaries of all published opinions issued since April 2015 available here.
June 14, 2018
Janangelo v. Treasury Inspector Gen. for Tax Admin. (9th Cir.) (unpublished) -- affirming district court's decision that agency properly issued Exemption 6 Glomar response to request concerning third party's alleged misconduct, and that agency had not officially acknowledged existence of records.
Coffey v. Bureau of Land Mgmt. (D.D.C) -- awarding plaintiff attorney's fees in case concerning agency's Wild Horse and Burro Program, but reducing amount sought from $125,541 to $69,019 primarily because plaintiff spent excessive time on various pleadings.
Rhodes v. FBI (D.D.C.) -- ruling that FBI properly relied on Exemption 7(E) in refusing to confirm or deny the existence of records indicating whether plaintiff's name appears on any agency watch lists.
June 13, 2018
100Reporters v. DOJ (D.D.C.) -- concluding that DOH overbraodly applied Exemptions 4, 5, 6, and 7(C) in withholding certain records generated by company's independence compliance monitor.
Summaries of all published opinions issued since April 2015 available here.
Cause of Action Inst. v. IRS (D.D.C.) -- concluding that agency performed reasonable search for communications with White House regarding third-party document requests; notably approving IRS's decision not to search email accounts of Office of Disclosure employees because its highest ranking official attested that he was unaware of any relevant IRS-White House consultations.
[Note: I was counsel on this case for Cause of Action Inst. during its earlier stages]
Summaries of all published opinions issued since April 2015 available here.
Linder v. Exec. Office for U.S. Attorneys (D.D.C.) -- ruling that agency failed to adequately explain how it conducted search for trial exhibits sought by plaintiff or why its withholdings were justified under Exemptions 6 and 7(C).
Summaries of all published opinions issued since April 2015 available here.
Laverpool v. HUD (D.D.C.) -- determining that agency performed reasonable search for records concerning the foreclosure of plaintiff's home in Georgia, and that agency sufficiently explained why certain documents were not located.
Summaries of all published opinions issued since April 2015 available here.
Rosiere v. United States (3rd Cir.) (not precedential) -- affirming district court's decision to dismiss case as malicious, noting that inmate-plaintiff had filed identical lawsuits in other jurisdictions and inundated the government with motions.
Talbot v. U.S. Dep't of State (D.D.C.) -- finding that: (1) State Department should have used false birthdates in search for passport and travel records of two deceased CIA agents who plaintiff suspects were aware of CIA’s involvement in JFK's assassination; (2) State Department properly relied on Exemption 6 to withhold (a) names and signatures of State Department employees who processed one of CIA agent's passports, and (b) names, birth dates, and places of birth of CIA agent's then-minor children; (3) CIA improperly declined to search certain operational files for responsive records; and (4) CIA properly withheld documents pursuant to Exemption 3, in conjunction with the CIA Act and the National Security Act, as well as Exemption 6.
Summaries of all opinions issued since April 2015 available here.
Marck v. HHS (D.D.C.) -- finding that FBI properly withheld third-party records pursuant to Exemptions 3, 6, 7(C), and 7(D), and that in camera review was not warranted.
Poet Design & Constr. v. U.S. Dep't of Energy (D.D.C.) -- ruling that company lacked standing to intervene because its lawyer submitted FOIA request without identifying company as client.
Summaries of all opinions issued since April 2015 available here.
Am. Oversight v. U.S. Dep't of Veterans Affairs (D.D.C.) -- denying government's motion to sever plaintiff's lawsuit into seventeen separate actions, all of which concern requests for records about Trump Administration nominees. Among the arguments advanced by defendants (and rejected) were that the court would be deprived of filing fees and that severing the case would promote efficiency.
Summaries of all opinions issued since April 2015 available here.
Today Government Attic released 136 copies of National Security Agency security/motivational posters from the 1950s and 1960s. Enjoy.
Pub. Employees for Envtl. Responsibility v. EPA (D.D.C.) -- ruling that plaintiff's following two-part request was neither unreasonably described nor unduly burdensome: (1) agency records that Administrator Pruitt relied upon to support his statements in his CNBC interview" on March 9, 2017, regarding impact of human activity on climate; and (2) "EPA documents, studies, reports, or guidance material that support the conclusion that human activity is not the largest factor driving global climate change."
Summaries of all opinions issued since April 2015 available here.