BUZZFEED INC. v. NATIONAL INSTITUTES OF HEALTH et al and 10 other new FOIA lawsuits, plus case descriptions

We have added 73 documents from 11 FOIA cases filed between October 18, 2020 and October 24, 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. BUZZFEED INC. v. NATIONAL INSTITUTES OF HEALTH et al (filed Oct 19, 2020)
   BuzzFeed sent a FOIA request to the National Institute of Health for records concerning communications to or from Kim Hasenkrug and Ken Pekoc of the NIAID/RML Facility regarding the use of humanized mice in Hasenkrug’s lab to study the corona virus reported by China to the World Health Organization. BuzzFeed amended its request. The agency acknowledged receipt of the request and told BuzzFeed that it was processing the request but needed to receive confidential claims from one of the stakeholders. After hearing nothing further from the agency, BuzzFeed filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Volovets v. Trump et al (filed Oct 22, 2020)
   Naum Volovets filed suit against President Donald Trump, Secretary of State Mike Pompeo and others for failing to disclose information about a treaty with Ukraine pertaining to investments. This is not a FOIA case.
   Issues: FOIA not mentioned
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Oct 19, 2020)
   Judicial Watch submitted a FOIA request to the FBI for records concerning text messages sent to or from Andrew McCabe and Lisa Page, Jennifer Leonard, Peter Strzok, and/or Lisa Monaco. The agency acknowledged receipt of the request. The agency denied the request because it did not identify any agency records. Judicial Watch filed an administrative appeal to the Office of Information Policy. OIP remanded the request to the FBI for processing. The FBI told Judicial Watch that it had received the remanded request. However, after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. TADLI SOUABNI v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES (filed Oct 19, 2020)
   El Hassane Tadli Souabni submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning himself. The agency acknowledged request of the request. The agency disclosed 931 pages in their entirety and 39 pages in part. The agency withheld 432 pages entirely under Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records. Tadli filed an administrative appeal challenging the agency’s withholdings. The agency disclosed 333 additional pages in full but continued to withhold 94 pages. Tadli then filed suit.
   Issues: Litigation – Attorney’s fees
5. STATE OF NEW JERSEY, OFFICE OF THE ATTORNEY GENERAL v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT et al (filed Oct 19, 2020)
   The New Jersey Attorney General’s Office submitted FOIA requests to the Department of Housing and Urban Development and the Department of Justice for records concerning any factual basis for President Donald Trump’s claims that a 2015 affordable housing rule caused an increase in crime. Both agencies acknowledged receipt of the requests but after hearing nothing further from either agency, the New Jersey Office of the Attorney General filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
6. Johnston v. Wray (filed Oct 19, 2020)
   Andrew Johnston submitted a FOIA request to the FBI for records concerning his investigation and conviction. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Johnston filed suit.
   Issues: Failure to respond within statutory time limit
7. APPLE DAILY LTD. v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al (filed Oct 20, 2020)
   Apple Daily Ltd, a media organization, submitted FOIA requests to the Department of Homeland Security, the Department of State, and the Department of Defense for records concerning travel in China conducted by Joe and Hunter Biden between January 20, 2009 through January 20, 2017 and the identities of people or entities with whom the Bidens met. The agencies acknowledged receipt of the request but after hearing nothing further from the agencies, Apple Daily Ltd filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. AMERICAN CIVIL LIBERTIES UNION et al v. FEDERAL BUREAU OF PRISONS et al (filed Oct 21, 2020)
   The ACLU submitted FOIA requests to the Bureau of Prisons, the Department of Justice and the Department of Health and Human Services for records. The request to BOP asked for records concerning communications discussing the risk of the corona virus to staff or prisoners at BOP facilities. The ACLU also requested expedited processing. The agency acknowledged receipt of the request and granted the ACLU’s request for expedited processing. The agency directed the ACLU to its website for generic information and continued to process the request. The ACLU sent a request to the Department of Justice for records similar to those requested from BOP. The agency acknowledged receipt of the request and granted the ACLU’s request for expedited processing. The agency told the ACLU that it was processing the request. The ACLU also sent a FOIA request to the Centers for Disease Control. The agency acknowledged receipt of the request and granted the ACLU’s request for expedited processing. After hearing nothing further from either agency, the ACLU filed suit.
   Issues: Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees
9. CENTER FOR BIOLOGICAL DIVERSITY v. ENVIRONMENTAL PROTECTION AGENCY (filed Oct 21, 2020)
   The Center for Biological Diversity submitted a FOIA request to the EPA for records concerning communications involving EPA employee Jeffrey Sands, a former lobbyist for Syngenta, pertaining to triazine herbicides. The agency acknowledged receipt of the request. After hearing nothing further from the agency, CBD filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
10. Byrne v. U.S. Office of Foreign Assets Control et al (filed Oct 23, 2020)
    Peter Byrne, a free-lance journalist, submitted a FOIA request to U.S. Office of Foreign Assets Control at the Department of Treasury for records concerning the sale of a stake in the Russian-owned oil company Roseneft to Qatar. Byrne also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency initially denied Byrne’s fee waiver request but decided to include him in the news media category. However, the agency denied his request for expedited processing. Byrne filed an administrative appeal of the denial of expedited processing. After hearing nothing further from the agency, Byrne filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Cohan v. United States Department of the Treasury et al (filed Oct 23, 2020)
    William Cohan, an investigative journalist, submitted a FOIA request to the Department of Treasury for records concerning a 2013 decision by the Financial Stability Oversight Council to designate GECC a systemically important financial institution. Cohan also requested expedited processing. The agency acknowledged receipt of the request and denied Cohan’s request for expedited processing. After hearing nothing further from the agency, Cohan filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees