Case 1:18-cv-01216 Document 1 Filed 05/24/18 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
)
)
)
)
Plaintiff, )
)
v.
)
)
U.S. DEPARTMENT OF THE INTERIOR,
)
1849 C Street NW
)
Washington, DC 20240
)
)
Defendant. )
)
AMERICAN OVERSIGHT,
1030 15th Street NW, B255
Washington, DC 20005

Case No. 18-cv-1216

COMPLAINT
1.

Plaintiff American Oversight brings this action against the U.S. Department of the

Interior under the Freedom of Information Act, 5 U.S.C. § 552 (FOIA), and the Declaratory
Judgment Act, 28 U.S.C. §§ 2201 and 2202, seeking declaratory and injunctive relief to compel
compliance with the requirements of FOIA.
JURISDICTION AND VENUE
2.

This Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B)

and 28 U.S.C. §§ 1331, 2201, and 2202.
3.

Venue is proper in this district pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C.

§ 1391(e).
4.

Because Defendant has failed to comply with the applicable time-limit provisions

of the FOIA, American Oversight is deemed to have exhausted its administrative remedies
pursuant to 5 U.S.C. § 552(a)(6)(C)(i) and is now entitled to judicial action enjoining the agency

1

 Case 1:18-cv-01216 Document 1 Filed 05/24/18 Page 2 of 10

from continuing to withhold agency records and ordering the production of agency records
improperly withheld.
PARTIES
5.

Plaintiff American Oversight is a nonpartisan, non-profit section 501(c)(3)

organization primarily engaged in disseminating information to the public. American Oversight
is committed to the promotion of transparency in government, the education of the public about
government activities, and ensuring the accountability of government officials. Through research
and FOIA requests, American Oversight uses the information gathered, and its analysis of it, to
educate the public about the activities and operations of the federal government through reports,
published analyses, press releases, and other media. The organization is incorporated under the
laws of the District of Columbia.
6.

Defendant the U.S. Department of the Interior (DOI) is a department of the

executive branch of the U.S. government headquartered in Washington, DC, and an agency of
the federal government within the meaning of 5 U.S.C. § 552(f)(1). DOI has possession, custody,
and control of the records that American Oversight seeks.
STATEMENT OF FACTS
Florida FOIA
7.

On January 18, 2018, American Oversight submitted a FOIA request to DOI

seeking the following records:
All records reflecting communications (including emails, email
attachments, text messages, telephone call logs, calendar
invitations/entries, meeting notices, meeting agendas, informational
material, draft legislation, talking points, or other materials)
regarding offshore drilling generally or the “2019-2024 National
Outer Continental Shelf Oil and Gas Leasing Draft Proposed
Program” specifically between DOI and any of the following:

2

 Case 1:18-cv-01216 Document 1 Filed 05/24/18 Page 3 of 10

a.
b.
c.
d.

Governor Rick Scott of Florida or anyone from his office;
Senator Bill Nelson of Florida or anyone from his office;
Senator Marco Rubio of Florida or anyone from his office;
Anyone from the American Petroleum Institute, including
anyone whose email ends in @api.org;
e. Anyone from the National Ocean Industries Association,
including anyone whose email ends in @noia.org; or
f. Anyone from the American Energy Alliance, including
anyone whose email ends in @energydc.org.
American Oversight sought all responsive records from April 1, 2017, through the date of the
search. American Oversight further stated that DOI could limit its search to the following
offices: the Immediate Office of the Secretary; the Office of Congressional and Legislative
Affairs; and the Office of Intergovernmental and External Affairs.
8.

DOI assigned the Florida FOIA tracking number OS-2018-00570.

9.

On March 9, 2018, American Oversight requested that DOI grant expedited

processing of the Florida FOIA on the basis that there is an urgent need to inform the public
about the federal government activity that is the subject of the request and that American
Oversight is primarily engaged in disseminating information to the public.
10.

On March 12, 2018, DOI granted American Oversight’s request for expedited

processing of the Florida FOIA.
Coastal States FOIA
11.

On March 9, 2018, American Oversight submitted a FOIA request to DOI seeking

communications with and records related to the thirteen coastal states in the contiguous United
States other than Florida that have gubernatorial elections this year. Specifically, American
Oversight is seeking access to the following records on an expedited basis:
1. All records reflecting communications (including emails, email
attachments, text messages, telephone call logs, calendar
invitations/entries, meeting notices, meeting agendas,
informational material, draft legislation, talking points, or other
3

 Case 1:18-cv-01216 Document 1 Filed 05/24/18 Page 4 of 10

materials) regarding offshore drilling generally or the “20192024 National Outer Continental Shelf Oil and Gas Leasing
Draft Proposed Program” specifically between DOI and any of
the following:
a. Governor Kay Ivey of Alabama or anyone from her
office;
b. Senator Richard Shelby of Alabama or anyone from his
office;
c. Then-Senator Luther Strange of Alabama or anyone
from his office;
d. Senator Doug Jones of Alabama or anyone from his
office;
e. Governor Jerry Brown of California or anyone from his
office;
f. Senator Dianne Feinstein of California or anyone from
her office;
g. Senator Kamala Harris of California or anyone from her
office;
h. Governor Dan Malloy of Connecticut or anyone from his
office;
i. Senator Richard Blumenthal of Connecticut or anyone
from his office;
j. Senator Chris Murphy of Connecticut or anyone from his
office;
k. Governor Nathan Deal of Georgia or anyone from his
office;
l. Senator Johnny Isakson of Georgia or anyone from his
office;
m. Senator David Perdue of Georgia or anyone from his
office;
n. Governor Paul LePage of Maine or anyone from his
office;
o. Senator Susan Collins of Maine or anyone from her
office;
p. Senator Angus King of Maine or anyone from his office;
q. Governor Larry Hogan of Maryland or anyone from his
office;
r. Senator Ben Cardin of Maryland or anyone from his
office;
s. Senator Chris Van Hollen of Maryland or anyone from
his office;
t. Governor Charlie Baker of Massachusetts or anyone
from his office;
u. Senator Elizabeth Warren of Massachusetts or anyone
from her office;
4

 Case 1:18-cv-01216 Document 1 Filed 05/24/18 Page 5 of 10

v. Senator Ed Markey of Massachusetts or anyone from his
office;
w. Governor Chris Sununu of New Hampshire or anyone
from his office;
x. Senator Jeanne Shaheen of New Hampshire or anyone
from her office;
y. Senator Maggie Hassan of New Hampshire or anyone
from her office;
z. Governor Andrew Cuomo of New York or anyone from
his office;
aa. Senator Chuck Schumer of New York or anyone from
his office;
bb. Senator Kirsten Gillibrand of New York or anyone from
her office;
cc. Governor Kate Brown of Oregon or anyone from her
office;
dd. Senator Ron Wyden of Oregon or anyone from his
office;
ee. Senator Jeff Merkley of Oregon or anyone from his
office;
ff. Governor Gina Raimondo of Rhode Island or anyone
from her office;
gg. Senator Jack Reed of Rhode Island or anyone from his
office;
hh. Senator Sheldon Whitehouse of Rhode Island or anyone
from his office;
ii. Governor Henry McMaster of South Carolina or anyone
from his office;
jj. Senator Lindsey Graham of South Carolina or anyone
from his office;
kk. Senator Tim Scott of South Carolina or anyone from his
office;
ll. Governor Greg Abbott of Texas or anyone from his
office;
mm. Senator John Cornyn of Texas or anyone from his
office; or
nn. Senator Ted Cruz of Texas or anyone from his office.
2. All final recommendations, memoranda, analyses, or decisions
regarding whether to exempt or otherwise remove any of the
following states from the 2019-2024 National Outer Continental
Shelf Oil and Gas Leasing Draft Proposed Program:
a. Alabama;
b. California;
c. Connecticut;
5

 Case 1:18-cv-01216 Document 1 Filed 05/24/18 Page 6 of 10

d.
e.
f.
g.
h.
i.
j.
k.
l.
m.

Georgia;
Maine;
Maryland;
Massachusetts;
New Hampshire;
New York;
Oregon;
Rhode Island;
South Carolina; or
Texas.

American Oversight sought all responsive records from April 1, 2017, through the date of the
search. American Oversight further stated that DOI could limit its search to the following
offices: the Immediate Office of the Secretary; the Office of Congressional and Legislative
Affairs; and the Office of Intergovernmental and External Affairs. A copy of the Coastal States
FOIA is attached hereto as Exhibit A and incorporated herein.
12.

DOI assigned the Coastal States FOIA tracking number OS-2018-00843.

13.

On April 12, 2018, DOI denied American Oversight’s request for expedited

processing of the Coastal States FOIA.
Exhaustion of Administrative Remedies
14.

Through DOI’s denial of American Oversight’s request for expedition of the

Coastal States FOIA, American Oversight has exhausted its administrative remedies as to that
issue and seeks immediate judicial review.
15.

As of the date of this complaint, DOI has failed to (a) notify American Oversight

of any determination regarding the requests, including the scope of any responsive records DOI
intends to produce or withhold and the reasons for any withholdings; or (b) produce the
requested records or demonstrate that the requested records are lawfully exempt from
production.

6

 Case 1:18-cv-01216 Document 1 Filed 05/24/18 Page 7 of 10

16.

Through DOI’s failure to respond to American Oversight’s FOIA requests within

the time period required by law, American Oversight has constructively exhausted its
administrative remedies and seeks immediate judicial review.
COUNT I
Violation of FOIA, 5 U.S.C. § 552
Wrongful Denial of Expedited Processing of the Coastal States FOIA
17.

American Oversight repeats the allegations in the foregoing paragraphs and

incorporates them as though fully set forth herein.
18.

American Oversight properly requested records within the possession, custody,

and control of DOI on an expedited basis.
19.

DOI is an agency subject to FOIA and must process FOIA requests on an

expedited basis pursuant to the requirements of FOIA and DOI’s regulations.
20.

The records sought relate to an activity of the federal government about which

there is an urgent need to inform the public, and American Oversight is primarily engaged in
disseminating information to the public; therefore, the Coastal States FOIA justified expedited
processing under FOIA and DOI’s regulations.
21.

DOI wrongfully denied expedited processing of the Coastal States FOIA.

22.

DOI’s failure to grant expedited processing of the Coastal States FOIA violated

FOIA and DOI’s regulations.
23.

Plaintiff American Oversight is therefore entitled to declaratory and injunctive

relief requiring DOI to grant expedited processing of the Coastal States FOIA.

7

 Case 1:18-cv-01216 Document 1 Filed 05/24/18 Page 8 of 10

COUNT II
Violation of FOIA, 5 U.S.C. § 552
Failure to Conduct Adequate Searches for Responsive Records
24.

American Oversight repeats the allegations in the foregoing paragraphs and

incorporates them as though fully set forth herein.
25.

American Oversight properly requested records within the possession, custody,

and control of DOI.
26.

DOI is an agency subject to FOIA and must therefore make reasonable efforts to

search for requested records.
27.

DOI has failed to promptly review agency records for the purpose of locating

those records which are responsive to American Oversight’s FOIA requests.
28.

DOI’s failure to conduct an adequate search for responsive records violates FOIA.

29.

Plaintiff American Oversight is therefore entitled to injunctive and declaratory

relief requiring Defendant to promptly make reasonable efforts to search for records responsive
to American Oversight’s FOIA requests.
COUNT III
Violation of FOIA, 5 U.S.C. § 552
Wrongful Withholding of Non-Exempt Responsive Records
30.

American Oversight repeats the allegations in the foregoing paragraphs and

incorporates them as though fully set forth herein.
31.

American Oversight properly requested records within the possession, custody,

and control of DOI.
32.

DOI is an agency subject to FOIA and must therefore release in response to a

FOIA request any non-exempt records and provide a lawful reason for withholding any
materials.

8

 Case 1:18-cv-01216 Document 1 Filed 05/24/18 Page 9 of 10

33.

DOI is wrongfully withholding non-exempt agency records requested by

American Oversight by failing to produce non-exempt records responsive to its FOIA requests.
34.

DOI is wrongfully withholding non-exempt agency records requested by

American Oversight by failing to segregate exempt information in otherwise non-exempt records
responsive to American Oversight’s FOIA requests.
35.

DOI’s failure to provide all non-exempt responsive records violates FOIA.

36.

Plaintiff American Oversight is therefore entitled to declaratory and injunctive

relief requiring Defendant to promptly produce all non-exempt records responsive to its FOIA
requests and provide indexes justifying the withholding of any responsive records withheld under
claim of exemption.
REQUESTED RELIEF
WHEREFORE, American Oversight respectfully requests the Court to:
(1) Order Defendant to expedite the processing of American Oversight’s Coastal States
FOIA identified in this Complaint;
(2) Order Defendant to conduct a search or searches reasonably calculated to uncover all
records responsive to American Oversight’s FOIA requests;
(3) Order Defendant to produce, within twenty days of the Court’s order, or by such other
date as the Court deems appropriate, any and all non-exempt records responsive to
American Oversight’s FOIA requests and indexes justifying the withholding of any
responsive records withheld under claim of exemption;
(4) Enjoin Defendant from continuing to withhold any and all non-exempt records
responsive to American Oversight’s FOIA requests;

9

 Case 1:18-cv-01216 Document 1 Filed 05/24/18 Page 10 of 10

(5) Award American Oversight the costs of this proceeding, including reasonable
attorneys’ fees and other litigation costs reasonably incurred in this action, pursuant
to 5 U.S.C. § 552(a)(4)(E); and
(6) Grant American Oversight such other relief as the Court deems just and proper.

Dated: May 24, 2018

Respectfully submitted,
/s/ Cerissa Cafasso
Cerissa Cafasso
D.C. Bar No. 1011003
/s/ John E. Bies
John E. Bies
D.C. Bar No. 483730
AMERICAN OVERSIGHT
1030 15th Street NW, B255
Washington, DC 20005
(202) 869-5244
cerissa.cafasso@americanoversight.org
john.bies@americanoversight.org
Counsel for Plaintiff

10