CENTER FOR FOOD SAFETY v. NATIONAL INSTITUTES OF HEALTH and 18 other new FOIA lawsuits, plus case descriptions
We have added 127 documents from 16 FOIA cases filed between April 25, 2021 and May 1, 2021. 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.
- CENTER FOR FOOD SAFETY v. NATIONAL INSTITUTES OF HEALTH (filed Apr 30, 2021)
The Center for Food Safety submitted a FOIA request to the National Institute of Health for records concerning the approval of applications for contracts or grants to fund gain-of-function studies related to potential pandemic pathogens. The agency acknowledged receipt of the request and asked CFS to clarify the request. CFS clarified the request but after hearing nothing further from the agency, CFS filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search - Stevens v. US Department of Justice et al (filed Apr 26, 2021)
Jacqueline Stevens, a professor of political science at Northwestern University, submitted FOIA requests to the Department of Homeland Security, the Department of Justice, the Department of State, and the Department of the Navy for records concerning various migrants who were now deceased. Stevens also requested expedited processing. The agencies acknowledged receipt of her requests. Some agencies responded in part. After hearing nothing from most of the agencies, Stevens filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Lewis v. United States Customs and Border Patrol (filed Apr 27, 2021)
Elaine Lewis submitted a FOIA request to U.S. Customs and Border Protection for records concerning the fatal automobile accident that killed Riley Lewis, who died as result of an 80-mile an hour pursuit by a CBP agent in Arizona. The agency acknowledged of the request but after hearing nothing further from the agency, Lewis filed an administrative appeal. In response to her administrative appeal, CBP told Lewis it would process her request. However, after hearing nothing further from the agency, Lewis filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Apr 27, 2021)
Citizens United submitted two FOIA requests to the Department of State for emails concerning Hunter Biden’s business schedule. Citizens United also requested expedited processing. The agency acknowledged receipt of the requests and denied Citizens United’s requests for expedited processing. However, after hearing nothing further from the agency concerning either request, Citizens United filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - State of Washington v. Office of Management and Budget (filed Apr 27, 2021)
The State of Washington submitted a FOIA request to OMB for records concerning the National Archives records center in Seattle. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the State of Washington filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees - State of Washington v. United States National Archives and Records Administration (filed Apr 27, 2021)
The State of Washington submitted a FOIA request to the National Archives and Records Administration for records concerning the Federal Records Center building in Seattle. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the State of Washington filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees - State of Washington v. Public Buildings Reform Board (filed Apr 27, 2021)
The State of Washington submitted a FOIA request to the Public Buildings Reform Board for records concerning communications pertaining to the Federal Records Center is Seattle. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the State of Washington filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees - NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC. v. OFFICE OF FEDERAL CONTRACTS COMPLIANCE PROGRAMS (filed Apr 28, 2021)
The NAACP Legal Defense and Educational Fund submitted a FOIA request to the Office of Federal Contract Compliance Programs concerning records on a Trump era EO prohibiting racial diversity training for federal contractors. The agency acknowledged receipt of the request. Because of the size and complexity of the request, the agency told LDF that it would inform LDF once the responsive had been posted. After hearing nothing further from the agency, LDF filed suit.
Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees - NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC. v. OFFICE OF MANAGEMENT AND BUDGET (filed Apr 28, 2021)
The NAACP Legal Defense and Educational Fund submitted FOIA requests to OMB for records concerning training materials designed for a Trump era EO prohibiting racial diversity training in federal contracting. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, LDF filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - SCHRIER v. U.S. DEPARTMENT OF THE TREASURY (filed Apr 28, 2021)
Matthew Schrier submitted two FOIA requests to the Office of Foreign Assets Control at the Department of Treasury for records concerning himself and his bank account with the Bank of Qatar. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Schrier filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees - Wilder et al v. United States Army Corps of Engineers (filed Apr 28, 2021)
Abryel Wilder submitted a FOIA request to U.S. Army Corps of Engineers for records concerning losses incurred by actions of the agency. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Wilder filed suit.
Issues: Failure to respond within statutory time limit - CODREA v. UNITED STATES SECRET SERVICE (filed Apr 29, 2021)
David Codrea, an internet blogger who writes on Second Amendment issues, submitted a FOIA request to U.S. Secret Service for records concerning a story abut a handgun disappearing from a vehicle owned by Hunter Biden. The agency acknowledged receipt of the request and asked Codrea for more information. He provided clarification but the agency responded that it had found no records. Codrea filed an administrative appeal, but after hearing from the agency, Codrea filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Apr 29, 2021)
American Oversight submitted four FOIA requests to the Department of Homeland Security for records concerning the implementation of the Migrant Protection Protocols, which allowed the U.S. to return migrants seeking asylum to Mexico while their claims were adjudicated. The agency acknowledged receipt of the requests but told American Oversight that it had found no responsive records. American Oversight filed administrative appeals but after hearing nothing further from the agency pertaining to any of its appeals, American Oversight filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - MARROQUIN DE ROHRBAUGH et al v. MILLER et al (filed Apr 29, 2021)
Olga Letica Garcia Marroquin de Rohrbaugh and her husband, Justin Ashley Rohrbaugh, submitted a FOIA request to U.S. Customs and Border Protection for records concerning Olga. The agency acknowledged receipt of the request but transferred it to U.S. Citizenship and Immigration Services for response. After hearing nothing further from CBP, the Rohrbaughs filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - AMERICAN CENTER FOR LAW AND JUSTICE v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (filed Apr 30, 2021)
The American Center for Law and Justice submitted a FOIA request to the Department of Health and Human Services for records concerning the Biden administration’s policy to continued research and creation of humanized mice using aborted fetal tissue. After hearing nothing further from the agency, ACLJ filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Apr 30, 2021)
Judicial Watch submitted a FOIA request to the Department of Health and Human Services for records concerning reports of sexual abuse or assault on unaccompanied children under the case of HHS. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
In addition, we have added 15 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.
- American Small Business League v. United States Small Business Administration (filed Apr 21, 2021)
- Gillies et al v. United States Department of State (filed Apr 21, 2021)
- SNYDER et al v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Apr 21, 2021)
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