WP COMPANY LLC v. U.S. DEPARTMENT OF STATE and 11 other new FOIA lawsuits, plus case descriptions

We have added 50 documents from 8 FOIA cases filed between April 19, 2020 and April 25, 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. WP COMPANY LLC v. U.S. DEPARTMENT OF STATE (filed Apr 24, 2020)
   The Washington Post submitted a FOIA request to the Department of State for two cables sent from the U.S. Mission in China about former counselor of Environment, Science, Technology and Health Brian “Rick” Switzer’s visit to the Wuhan Institute of Virology. The Washington Post also requested expedited processing. The State Department acknowledged receipt of the request and denied the Washington Post’s request for expedited processing. After hearing nothing further from the agency, the Washington Post filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. MOORE et al v. CENTRAL INTELLIGENCE AGENCY (filed Apr 20, 2020)
   Lois Moore, Robert Moore, Jana Orear, Christianne O’Malley, and Mark Sauter submitted 21 FOIA requests to the CIA for records concerning what happened to Harry Moore, a U.S. pilot in the Korean War who was captured by the North Koreans. The agency acknowledged receipt of the requests but after hearing nothing further from the agency Moore and the others filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Fee Category – Media or Educational, Litigation – Attorney’s fees
3. Dow Jones & Company, Inc. et al v. Department of Health & Human Services (filed Apr 20, 2020)
   Wall Street Journal reporter Christopher Weaver submitted a FOIA request to the Department of Health and Human Services for records concerning reports submitted by Integritas to the agency pursuant to a procurement award. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Wall Street Journal filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. FOSTER v. U.S. DRUG ENFORCEMENT ADMINISTRATION et al (filed Apr 21, 2020)
   Darren Foster, a documentary filmmaker, submitted two FOIA requests to the Drug Enforcement Administration for records concerning the investigation of a pill mill in Florida. The agency acknowledged receipt of the requests and denied them under Exemption 7(C) (invasion of privacy concerning law enforcement records). Foster filed administrative appeals of both denials. Foster also submitted a FOIA request to the Executive Office of U.S. Attorneys for records about the prosecution of the pill mill investigation. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(C). Foster filed an administrative appeal of that decision as well. After hearing nothing further from either agency, Foster filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Windom v. Environmental Protection Agency et al (filed Apr 23, 2020)
   Cameron Windom submitted FOIA requests to the EPA, the Department of Health and Human Services, and the Department of Housing and Urban Development for records concerning the Guns and Fists Newsletter. The agencies failed to respond and Windom filed suit.
   Issues: Failure to respond within statutory time limit
6. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Apr 23, 2020)
   American Oversight submitted three FOIA requests to the Department of Health and Human Services, the National Institutes of Health, the FDA, and the Centers for Medicare and Medicaid Services for records concerning directives on how to respond to press inquiries pertaining to the coronavirus. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
7. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Apr 23, 2020)
   American Oversight submitted a FOIA request to the Department of Health and Human Services and the FDA for records concerning communications pertaining to coronavirus testing. The request specified a list of individuals and keywords. American Oversight also requested expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, American Oversight filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. International Refugee Assistance Project et al v. United States Customs and Border Protection et al (filed Apr 23, 2020)
   The International Refugee Assistance Project submitted FOIA requests to U.S. Customs and Border Protection and the Department of State for records concerning the Iraqi and Afghan Special Immigrant Visa Program. IRAP also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. After hearing nothing further from either agency, IRAP filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver

In addition, we have added 7 documents from 4 cases, with earlier filing dates, that have recently appeared on PACER.

1. CASE NUMBER NOT USED (filed Apr 16, 2020)
2. GASSEW v. DEPARTMENT OF THE TREASURY (filed Apr 16, 2020)
3. GROENENDAL v. EXECUTIVE OFFICE FOR U.S. ATTORNEYS et al (filed Apr 16, 2020)
4. Filing Error (filed Apr 15, 2020)