WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF JUSTICE and 11 other new FOIA lawsuits

We have added 87 documents from 12 FOIA cases filed between August 15, 2021 and August 21, 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. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF JUSTICE (filed Aug 19, 2021)
   White Coat Waste Project submitted a FOIA request to the Drug Enforcement Administration for records concerning the contract and statement of work of Institutional Animal Care and Use Committee approved protocols. The agency acknowledged receipt of the request but after hearing nothing further from the agency, WCWP filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. CODREA v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (filed Aug 18, 2021)
   David Codrea, a blogger on Second Amendment issues, submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning the investigation of an incident in which a gun belonging to Hunter Biden disappeared from his vehicle. The agency acknowledged receipt of the request and initially told Codrea that it found no records. The agency withdrew its no records response and told Codrea that unless it he could show a public interest in disclosure, disclosure would violate Hunter Biden’s privacy. Codrea argued that 22 House members wanted the investigation pursued. After hearing nothing further from the agency, Codrea filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
3. Longas-Palacio v. Jaddou et al (filed Aug 16, 2021)
   Johanna Longas-Palacio submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning her Alien file. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Longas-Palacio filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
4. WASHINGTON BLADE et al v. U.S. DEPARTMENT OF STATE (filed Aug 17, 2021)
   The Washington Blade submitted a FOIA request to the Department of State for records concerning emails to or from the U.S. Ambassador of Germany pertaining to efforts to decriminalize homosexuality. The Washington Blade also requested expedited processing. The agency acknowledged receipt of the request and asked the Blade to narrow the scope of its request. The Blade did so but after hearing nothing further from the agency, the Washington Blade filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees
5. Maney v. Locsin et al (filed Aug 17, 2021)
   Eric Maney filed suit against Teodoro Locsin, a consular affairs officer at the Department of State dealing with the Philippines charging that he had failed to provide Maney’s son with medical care. This is not a FOIA case.
   Issues: FOIA not mentioned
6. Tahirih Justice Center v. United States Citizenship and Immigration Services et al (filed Aug 17, 2021)
   The Tahirih Justice Center submitted two FOIA requests to U.S. Citizenship and Immigration Services for records concerning the agency’s decision to change its policy to give priority to the most recently filed asylum applicants. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Tahirih Justice Center filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. HLASS et al v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed Aug 18, 2021)
   Laura Hlass, a law professor at Tulane University Law School specializing in immigration law, submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning applications for Special Immigrant Juvenile Status for fiscal years prior to 2010. She also requested updated data since 2010. She also requested expedited processing. The agency acknowledged receipt of the request and told Hlass that her request was considered a simple request for processing purposes. After hearing nothing further from the agency, Hlass filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Vaughn index, Litigation – Attorney’s fees
8. JUST FUTURES LAW v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Aug 19, 2021)
   Just Futures Law submitted a FOIA request to the Department of Homeland Security for records concerning a list of companies offering personal data collection, storage, analysis, and distribution that have contracts with DHS. Just Futures Law also requested expedited processing. The agency acknowledged of the request and told Just Futures Law that it was referring the request to U.S. Immigration and Customs Enforcement for processing. After hearing nothing further from the agency, Just Futures Law filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Expedited processing, Litigation – Vaughn index, Litigation – Attorney’s fees
9. GANNETT SATELLITE INFORMATION NETWORK, LLC v. U.S. DEPARTMENT OF DEFENSE et al (filed Aug 19, 2021)
   Gannett Satellite Information Network , the publisher of USA Today, submitted a FOIA request to the Department of Defense and the National Guard Bureau for records concerning memos of Notices of Proposed Resolutions issued by the Chief, Complaints Management and Adjudication for the National Guard Bureau to State Equal Employment Managers from January 2011 to the present. USA Today also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and told USA Today that its request was put on the complex track for processing. The agency denied USA Today’s request for expedited processing. USA Today filed an administrative appeal of the agency’s decision to deny expedited processing. After hearing nothing further from the agency, USA Today filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Aug 19, 2021)
    White Coat Waste Project submitted a FOIA request to Office of Acquisition and Logistics Management, a component of the National Institute of Health for records concerning contracts for the procurement of dogs for lab experiments. The agency acknowledged receipt of the request and provided WCWP with 25 pages of records. After hearing nothing further from the agency, WCWP filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF AGRICULTURE (filed Aug 19, 2021)
    The White Coat Waste Project submitted a FOIA request to the Department of Agriculture for records concerning communications regarding feline euthanasia. The agency acknowledged receipt of the request but after hearing nothing further from the agency, WCWP filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. First Look Institute, Inc. et al v. U.S. Immigration and Customs Enforcement (filed Aug 20, 2021)
    Travis Manson, a video producer for the Intercept, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning video and audio recordings of the forced feeding of former detainee Ajay Kumar at the El Paso Service Processing Center in 2019. Manson provided a Privacy Act waiver from Kumar. The agency acknowledged receipt of the request but told Manson that it found no records. Manson filed an administrative appeal 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