CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE and 20 other new FOIA lawsuits, plus case descriptions

We have added 146 documents from 19 FOIA cases filed between July 18, 2021 and July 24, 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. CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Jul 20, 2021)
   Citizens United submitted a FOIA request to the Department of State for records concerning emails, letters or memos from a variety of officials concerning WestExec Ventures. Citizens United also requested expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Citizens United filed suit.
   Issues: Litigation – Vaughn index, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Hathaway v. Defense (filed Jul 22, 2021)
   Oona Hathaway, director of the Yale Law Schoo’sl Center for Global Legal Challenges, submitted a FOIA request for records concerning non-binding international understandings and agreements. Hathaway asked for a fee waiver. The agency did not acknowledge receipt of the request. After Hathaway contacted the agency concerning the status of her request, she received a copy of an email in which the agency asked a component about the status of her request. However, after hearing nothing further from the agency, Hathaway filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Public Interest Fee Waiver
3. Hathaway v. U.S. Department of Homeland Security (filed Jul 22, 2021)
   Oona Hathaway, the director of Yale Law School’s Center for Global Legal Challenges, submitted a FOIA request to the Department of Homeland Security for records concerning non-binding international understandings and agreements. Hathaway also requested a fee waiver. The agency acknowledged receipt of the request and asked Hathaway to clarify her request. She did so. However, after hearing nothing further from the agency, Hathaway filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
4. AMERICANS FOR PROSPERITY FOUNDATION v. U.S. DEPARTMENT OF VETERANS AFFAIRS (filed Jul 20, 2021)
   Americans for Prosperity Foundation submitted a FOIA requests to the Department of Veterans Affairs for records concerning aggregate totals and percentages for pending and completed appointment wait times and related data at multiple facilities. APF also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, APF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. ELYSIAN LABS, INC. v. U.S. DEPARTMENT OF THE ARMY (filed Jul 20, 2021)
   Elysian Labs submitted FOIA requests to the Department of Army for records concerning a white paper submitted by Elysian on whether the government had infringed the patent on its CHIRP technology that allows detection of changes in health conditions. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, Elysian Labs filed administrative appeals. After hearing nothing further, Elysian Labs filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
6. LUNDERGAN v. FEDERAL BUREAU OF INVESTIGATION (filed Jul 20, 2021)
   Gerald Lundergan submitted a FOIA request to the FBI for records concerning him and his companies pertaining to payments made to the 2014 Senate campaign by Alison Lundergan Grimes. The agency acknowledged receipt of the request and denied it under Exemption 7(A) (interference within ongoing investigation or proceeding). Lundergan filed an administrative appeal of the denial. The FBI upheld its denial. Lundergan then filed suit.
   Issues: Litigation – Attorney’s fees
7. PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. v. UNITED STATES DEPARTMENT OF JUSTICE (filed Jul 21, 2021)
   The Project for Privacy and Surveillance Accountability submitted a FOIA request for records concerning a DOJ guidance document entitled Use of Cell-Site Simulator Technology. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PPSA filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
8. BROWN v. CENTRAL INTELLIGENCE AGENCY et al (filed Jul 21, 2021)
   David Brown, a contributor to ClearanceJobs.com on issued concerning national security related labor and employment issues, submitted FOIA requests to the CIA, the Department of Justice, the Office of the Director of National Intelligence, and the Department of Defense for records concerning the Intelligence Workers Union. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Brown filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
9. NATIONAL STUDENT LEGAL DEFENSE NETWORK v. DEPARTMENT OF EDUCATION (filed Jul 22, 2021)
   The National Student Legal Defense Network submitted two FOIA requests to the Department of Education. The first FOIA request asked for records concerning the extent to which issues related to student finances were brought before the Biden-Harris transition team. The agency acknowledged receipt of the request and provided some records. NSLDN submitted a second FOIA request for records concerning filing in any cases pending before the Office of Hearing Appeals. The agency acknowledged receipt of the request and indicated it had responsive records. However, 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
10. DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF JUSTICE (filed Jul 23, 2021)
    Democracy Forward Foundation submitted a FOIA request to the Department of Justice for records concerning guidance on implementation of E.O. 13798, which modified a Trump E.O. pertaining to religious liberties. DFF also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, DFF filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
11. DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF EDUCATION (filed Jul 23, 2021)
    Democracy Forward Foundation submitted a FOIA request to the Department of Education for records concerning guidance on implementation of E.O. 13798, which modified a Trump E.O. pertaining to religious liberties. DFF also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, DFF filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
12. DEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF LABOR (filed Jul 23, 2021)
    Democracy Forward Foundation submitted a FOIA request to the Department of Labor for records concerning guidance on implementation of E.O. 13798, which modified a Trump E.O. pertaining to religious liberties. DFF also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, DFF filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
13. Llamas et al v. U.S. Army et al (filed Jul 18, 2021)
    Noelle Llamas and Ken Klipperstein, a reporter at the Intercept, submitted FOIA requests to the Department of Army, the FBI, and the Secret Service for emails from those agencies sent or received during the Jan. 6, 2021, insurrection at the Capitol. Klipperstein also requested inclusion in the news media fee category. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Llamas and Klipperstein filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Llamas et al v. U.S. Customs and Border Protection et al (filed Jul 18, 2021)
    Noelle Llamas and Ken Klipperstein, a reporter for the Intercept, submitted FOIA requests to U.S. Customs and Border Protection, the Department of Homeland Security, and the Department of Justice for records concerning the messaging related to the deployment of law enforcement assets during the rise of the Black Lives Matter demonstrations after the murder of George Floyd. Klipperstein also requested inclusion in the news media fee category. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, Llamas and Klipperstein filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. Carter v. U.S. Department of Justice (filed Jul 22, 2021)
    Darryl Carter submitted a FOIA request to the FBI for records concerning tips received by the agency on matters of public corruption. After the agency acknowledged receipt of the request, Carter submitted a request for expedited processing. After hearing nothing further from the agency, Carter filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
16. ALLIANCE MEMBER SERVICES v. INTERNAL REVENUE SERVICE et al (filed Jul 19, 2021)
    The Alliance Member Services submitted a FOIA request to the IRS for records concerning correspondence from Rep. Edward Royce and the IRS pertaining to an exemption issued to the National Association of Insurance Commissioner from filing an IRS Form 990. The agency acknowledged receipt of the request. The agency denied the request under Exemption 5 (privileges) and Exemption 3 (other statutes). AMS filed an administrative appeal of the denial. The agency upheld its original denial. AMS then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees
17. Legacy Foundation Action Fund, Inc v. United States Bureau of the Census (filed Jul 19, 2021)
    The Legacy Foundation Action Fund submitted a FOIA request to the U.S. Bureau of the Census for records concerning the term synthetic and other keywords related to statistical data. LFAF also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, LFAF filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Expedited processing, Litigation – Attorney’s fees
18. GREENSPAN v. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (filed Jul 20, 2021)
    Aaron Greenspan, a data journalist, who runs the website PlainSite, submitted two FOIA requests to the Board of Governors of the Federal Reserve System for emails from chairman Jerome Powell that mentioned the word “bubble.” Greenspan also requested a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Greenspan filed suit.
    Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
19. First Look Institute, Inc. et al v. U.S. Department of State (filed Jul 20, 2021)
    First Look Institute, which published the Intercept, submitted three FOIA requests to the Department of State for records concerning emails sent to Ava Leone from jprince@demcouncil.org. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, First Look Institute filed suit.
    Issues: Failure to respond within statutory time limit, Choice of format, Litigation – Attorney’s fees

In addition, we have added 4 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• BALL v. OFFICE OF INTERNATIONAL AFFAIRS et al (filed Jul 13, 2021)
• VEYTIA v. FEDERAL BUREAU OF PRISONS (filed Jul 7, 2021)