JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES and 13 other new FOIA lawsuits

We have added 103 documents from 14 FOIA cases filed between May 30, 2021 and June 5, 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.

1. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jun 3, 2021)
   Judicial Watch submitted a FOIA request to the Centers for Disease Control for records concerning guidance provided to the Office of Refugee Resettlement pertaining to testing of undocumented migrants for COVID-19. The agency acknowledged receipt of the request and invoked a 10-day extension in which to respond. After hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. CITIZENS UNITED v. UNITED STATES DEPARTMENT OF EDUCATION (filed Jun 1, 2021)
   Citizens United submitted a FOIA request to the Department of Education for records concerning emails from White House Liaison Claudia Chavez and any employees of the Executive Office of the President. Citizens United also requested expedited processing. The agency acknowledged receipt of the request and asked Citizens United for clarification. Citizens United provided clarification. The agency began to process its request. The agency denied Citizens United’s request for expedited processing. After hearing nothing further from the agency, Citizens United filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
3. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jun 1, 2021)
   White Coat Waste Project submitted two FOIA requests to the National Institute of Health for records. The first FOIA request asked for records concerning the Wuhan Institute of Virology. The second FOIA requested asked for records concerning a grant awarded to EcoHealth Alliance. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, White Coat Waste Project filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Jun 1, 2021)
   The American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning correspondence or contracts with Dr. Leon Pielstick and other veterinarians regarding ovariectomy, via colpotomy, and other sterilization procedures of wild horses from January 2016 to the present. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AWHC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. ENVIRONMENTAL AND ANIMAL DEFENSE v. BUREAU OF LAND MANAGEMENT et al (filed Jun 1, 2021)
   Environmental and Animal Defense submitted three FOIA requests to the Bureau of Land Management for records. The first FOIA request asked for records concerning schedules and communications of former BLM Director William Pendley. The second FOIA request asked for records concerning fertility control methods. The third FOIA request asked for schedules and communications of BLM employee Tammy Pearson. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Environmental and Animal Defense filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. Mulvey v. Walsh (filed Jun 1, 2021)
   John Mulvey submitted a FOIA request to the Department of Labor for records concerning bonuses provided to former DOL attorney Thomas Grooms. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Mulvey filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Recovery of Costs
7. SHORELIGHT, LLC v. UNITED STATES DEPARTMENT OF STATE (filed Jun 2, 2021)
   Shorelight, LLC, a company that consults with universities to attract international students, submitted a FOIA request to the Department of State for records concerning F-1 student visa non-immigrant refusal statistics by post and nationality for FY 2019 to the present. Shorelight also requested expedited processing. The agency acknowledged receipt of the request and denied Shorelight’s request for expedited processing. Shorelight appealed the denial of expedited processing. The agency then upheld it original denial. After hearing nothing further from the agency, Shorelight filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
8. CENTER FOR BIOLOGICAL DIVERSITY et al (filed Jun 2, 2021)
   The Center for Biological Diversity, Friends of the Earth, and the Center for International Environmental Law filed suit against the U.S. International Development Finance Corporation to require it to comply with the Sunshine Act. This is not a FOIA suit.
   Issues: FOIA not mentioned
9. JUDICIAL WATCH, INC. v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (filed Jun 3, 2021)
   Judicial Watch submitted a FOIA request to the Office of the Director of National Intelligence for records concerning the Wuhan Institute of Virology. The agency acknowledged receipt of the request and invoked a 10-day extension in which to respond. 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
10. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Jun 3, 2021)
    Judicial Watch submitted a FOIA request to the Department of State for records concerning communications from the U.S. Embassy in Beijing or any U.S. consulate in China pertaining to the Wuhan Institute of Virology. The agency acknowledged receipt of the request. 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
11. ENERGY POLICY ADVOCATES v. UNITED STATES DEPARTMENT OF THE INTERIOR (filed Jun 4, 2021)
    Energy Policy Advocates submitted a FOIA request to the Department of Interior for records prepared for or received by the Ethics Office pertaining to Senior Counselor to the Secretary Elizabeth Klein. EPA also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied EPA’s requests for expedited processing and a fee waiver. After hearing nothing further from the agency, EPA filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. APM REPORTS v. U.S. DEPARTMENT OF DEFENSE et al (filed Jun 4, 2021)
    APM Reports, American Public Media’s investigative reporting and documentary group, submitted FOIA requests to the Department of Defense and various components for records concerning alleged war crimes perpetrated by service members. Components withheld records under Exemption 6 (invasion privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records), while others failed to respond at all. Ultimately, APM Reports filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
13. CENTER FOR BIOLOGICAL DIVERSITY v. ENVIRONMENTAL PROTECTION AGENCY (filed Jun 4, 2021)
    The Center for Biological Diversity submitted two FOIA requests to the EPA for records concerning its Endangered Species Act effects determination concerning its registration order for cyantraniliprole. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, CBD filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
14. SAYED v. Military Sealift Command (filed Jun 4, 2021)
    Waleed Sayed submitted a FOIA request to the Military Sealift Command for records concerning the certification status of the Floating Dry Dock “Alabama.” The agency acknowledged receipt of the request. After hearing nothing from the agency, Sayed filed three administrative appeals. After hearing nothing further from the agency, Sayed filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees