JAMES MADISON PROJECT et al v. U.S. POSTAL SERVICE et al and 16 other new FOIA lawsuits, plus case descriptions

We have added 121 documents from 15 FOIA cases filed between July 11, 2021 and July 17, 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. JAMES MADISON PROJECT et al v. U.S. POSTAL SERVICE et al (filed Jul 14, 2021)
   The James Madison Project and Yahoo reporter Jana Winter submitted FOIA requests to U.S. Postal Service, Department of Homeland Security, Office of the Director of National Intelligence, and the Department of Justice for records concerning the government’s decision-making process for creation and later implementation of the Internet Covert Operations Program. The agencies acknowledged receipt of the request. Several agencies refused to process the requests, insisting that the U.S. Postal Inspection Service was the appropriate agency to process the request. After receiving no further responses from any of the agencies, the James Madison Project and Winter filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. BADER FAMILY FOUNDATION v. UNITED STATES SMALL BUSINESS ADMINISTRATION (filed Jul 12, 2021)
   The Bader Family Foundation submitted a FOIA request to U.S. Small Business Administration for records concerning the constitutionally of prioritizing grants to female-owned or black-owned restaurants under the paycheck protection program. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Bader Family Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. BADER FAMILY FOUNDATION v. UNITED STATES DEPARTMENT OF AGRICULTURE (filed Jul 12, 2021)
   The Bader Family Foundation submitted a FOIA request to the Department of Agriculture for emails concerning loan payments to socially disadvantaged borrowers under the American Rescue Plan Act. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Bader Family Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. LATHAM & WATKINS LLP v. U.S. HEALTH RESOURCES AND SERVICES ADMINISTRATION et al (filed Jul 13, 2021)
   The law firm of Latham & Watkins submitted a FOIA request to U.S. Health Resources and Services Administration for records concerning complaints the agency had received from covered entities about the law firm’s client’s policies regarding 340B drug pricing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Latham & Watkins filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. TransWest Express LLC v. Natural Resources Conservation Service (filed Jul 14, 2021)
   TransWest Express submitted a FOIA request to Natural Resources Conservation Service for records concerning communications between agency employees and third parties pertaining to the TransWest Express Transmission Project. The agency acknowledged receipt of the request but after hearing nothing further from the agency, TransWest Express filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. TransWest Express LLC v. National Park Service (filed Jul 14, 2021)
   TransWest Express submitted a FOIA request to the National Park Service for records concerning communications about an access road to the Dinosaur National Monument in Moffat County, Colorado. The agency acknowledged receipt of the request but after hearing nothing further from the agency, TransWest Express filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
7. CURRY v. DEPARTMENT OF HOMELAND SECURITY (filed Jul 14, 2021)
   Timothy Curry submitted a FOIA request to the Department of Homeland Security for records. After hearing nothing further from the agency Curry filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. Weinberger et al v. U.S. Postal Service et al (filed Jul 14, 2021)
   Sharon Weinberger, of Yahoo News, submitted a FOIA request to U.S. Postal Service, the Department of Homeland Security, the Office of the Director of National Intelligence, and the Department of Justice for records concerning the government’s decision-making process for creation and later implementation of the Internet Covert Operations Program. The agencies acknowledged receipt of the requests. Several agencies refused to process the requests, insisting that the U.S. Postal Inspection Service was the appropriate agency to process the request. After receiving no further responses from any of the agencies, the James Madison Project and Weinberger filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
9. Weinberger et al v. U.S. Postal Service et al (filed Jul 14, 2021)
   Sharon Weinberger, bureau chief of Yahoo New, and the James Madison Project submitted requests to U.S. Postal Service, Department of Homeland Security, the Office of the Director of National Intelligence, and the Department of Justice for records concerning the government’s decision-making process for creation and later implementation of the Internet Covert Operations Program. The agencies acknowledged receipt of the requests. Several agencies refused to process the requests, insisting that the U.S. Postal Inspection Service was the appropriate agency to process the request. After receiving no further responses from any of the agencies, the James Madison Project and Weinberger filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. La Union del Pueblo Entero v. Federal Emergency Management Agency et al (filed Jul 14, 2021)
    La Union del Pueblo Entero submitted a FOIA request to the Federal Emergency Management Agency requesting the agency post records online dealing with how to request assistance under HIP. The agency acknowledged receipt of the request but after hearing nothing further from the agency, LUPE filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Americans for Public Trust v. United States Department of Health and Human Services et al (filed Jul 15, 2021)
    Americans for Public Trust submitted FOIA requests to the Department of Health and Human Services and the Centers for Disease Control for records concerning CDC guidance for the reopening of schools. The agency acknowledged receipt of the request. The agency located 497 pages. The agency disclosed 63 pages in full, 189 pages in part, and withheld 148 pages under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). APT filed an administrative appeal. However, after hearing nothing further from the agency, APT filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
12. The New York Times Company v. U.S. Department Of Justice (filed Jul 15, 2021)
    The New York Times submitted a FOIA request to the Department of Justice for records concerning a report by former assistant special counsel Andrew Weissman concerning the Mueller investigation. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the New York Times filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
13. NATIONAL STUDENT LEGAL DEFENSE NETWORK v. UNITED STATES DEPARTMENT OF EDUCATION (filed Jul 16, 2021)
    The National Student Legal Defense Network submitted a FOIA request to the Department of Education for records concerning communications between the agency and the Social Security Administration concerning information or data related to the implementation of the Gainful Employment Rule. NSLDN also requested a fee waiver. The agency acknowledged receipt of the request and granted NSLDN’s request for a fee waiver. After hearing nothing further from the agency, NSLDN filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
14. CAMPAIGN LEGAL CENTER v. DEPARTMENT OF COMMERCE (filed Jul 16, 2021)
    Campaign Legal Center submitted a FOIA request to the Department of Commerce for records concerning U.S. Rep. George Kelly’s knowledge of a DOC investigation concerning the import of derivative steel products in excessive quantities that threaten national security. CLC also requested expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, CLC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
15. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jul 16, 2021)
    Judicial Watch submitted a FOIA request to the Department of Homeland Security for records concerning the number of enrollees in the Migrant Protection Program who have been charged with crimes since entering the United States. 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

In addition, we have added 7 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• Crandell v. U.S. Dept. of Commerce et al (filed Jul 9, 2021)
• MACMAHON v. DEPARTMENT OF JUSTICE et al (filed Jul 7, 2021)