Center for Food Safety v. Department of the Interior and 10 other new FOIA lawsuits, plus case descriptions

We have added 65 documents from 10 FOIA cases filed between December 6, 2020 and December 12, 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. Center for Food Safety v. Department of the Interior (filed Dec 9, 2020)
   The Center for Food Safety submitted a FOIA request to the Department of Interior for records concerning the involvement of Assistant Deputy Secretary for Fish, Wildlife and Parks Aurelia Skipworth in the 2018 decision to reverse the 2014 ban on the use of GE crops and neonicotinoid pesticides in the Refuge System. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CFS filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
2. Satish Gupta v Gupta Hahn (filed Dec 7, 2020)
   Satish Gupta submitted a FOIA request to the FDA for records concerning forms submitted by Moderna. The agency acknowledged receipt of the request but denied it under Exemption 4 (confidential business information). Gupta filed an administrative appeal. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, Gupta filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. MuckRock Foundation, Inc. et al v. Department of State (filed Dec 7, 2020)
   MuckRock Foundation and Privacy International submitted seven FOIA requests to the Department of State for records concerning foreign surveillance assistance programs provided to other countries by the United States. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, MuckRock Foundation and Privacy International filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. GLOBAL HEALTH PROMISE v. FEDERAL BUREAU OF INVESTIGATION (filed Dec 8, 2020)
   Global Health Promise submitted a FOIA request to the FBI for records concerning communications pertaining to the Highway Serial Killings Initiative and Operation Cross Country. The agency acknowledged receipt of the request. The agency divided the request in two separate requests. The agency disclosed records on Operation Cross Country although Global Health Promise alleged they were not responsive to the request. Global Health Promise filed an administrative appeal but after hearing nothing further from the agency, Global Health Promise filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Wilson v. Federal Bureau Of Investigation (filed Dec 8, 2020)
   John Wilson submitted a FOIA request to the FBI for records concerning himself. The agency acknowledged receipt of the request. The agency located 21 responsive pages and disclosed 10 pages. Wilson filed an administrative appeal. The agency upheld its original decision. Wilson then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
6. Koltys v. Saul, et al. (filed Dec 9, 2020)
   Henry Koltyn, an administrative law judge for the Social Security Administration in Santa Barbara, California, submitted FOIA requests to the Social Security Administration and the Department of Homeland Security for records concerning the investigation of Koltyn for carrying a permitted gun while at work. The agencies acknowledged receipt of the requests but after the agencies failed to respond, Koltyn filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Center for Food Safety v. Department of the Interior (filed Dec 9, 2020)
   The Center for Food Safety submitted a FOIA request to the Department of Interior for records concerning the involvement of Assistant Deputy Secretary for Fish, Wildlife and Parks Aurelia Skipworth in the 2018 decision to reverse the 2014 ban on the use of GE crops and neonicotinoid pesticides in the Refuge System. The agency acknowledged receipt of the request but after hearing nothing further, CFS filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
8. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES et al (filed Dec 9, 2020)
   American Oversight submitted FOIA requests to the Department of Health and Human Services for records concerning communications with Pfizer pertaining to the development of its corona virus vaccine. The agency acknowledged receipt of the requests but 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
9. Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency (filed Dec 9, 2020)
   The Natural Resources Defense Council submitted a FOIA request to the EPA for records concerning communications regarding perchlorate. NRDC also requested a fee waiver. The agency acknowledged receipt of the request. The EPA contacted NRDC to narrow the scope of its request. The agency disclosed 16 responsive records but after hearing nothing further from the agency, NRDC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
10. Center for Food Safety v. United States Department of Agriculture (filed Dec 11, 2020)
    The Center for Food Safety submitted a FOIA request to the Department of Agriculture for records concerning the recently proposed ruled entitled Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program. The agency acknowledged receipt of the request. CFS contacted the agency to narrow the scope of its request. After hearing nothing further, CFS filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index

In addition, we have added 1 document from 1 case, with an earlier filing date, that has recently appeared on PACER.

• WIGGINS v. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS et al (filed Dec 4, 2020)