AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF DEFENSE et al and 15 other new FOIA lawsuits, plus case descriptions

We have added 126 documents from 15 FOIA cases filed between October 17, 2021 and October 23, 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. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF DEFENSE et al (filed Oct 21, 2021)
   American Oversight submitted FOIA requests to the Department of Defense, the Department of Homeland Security, the Department of Interior, and the Department of Justice for records concerning communications sent or received by officials at the various agencies. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, American Oversight filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. AMERICAN FRIENDS SERVICE COMMITTEE v. UNITED STATES AIR FORCE et al (filed Oct 19, 2021)
   We Count submitted FOIA requests to the Department of the Air Force and the Department of Homeland Security for records concerning the detention center at the old Homestead Air Force Base, which had previously been a Superfund site. We Count also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. The Air Force initially to We Count that had no records but then agreed to conduct a search. After hearing nothing further from either agency, We Count filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. COLL v. UNITED STATES DEPARTMENT OF DEFENSE (filed Oct 19, 2021)
   Journalist Steve Coll submitted two FOIA requests to the Department of Defense for records concerning the Saddam Hussein Regime Conflict Records Research Center. Coll also requested a fee waiver. After hearing nothing further from the agency, Coll filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. FROST BROWN TODD LLC v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Oct 19, 2021)
   The law firm of Frost Brown Todd LLC submitted FOIA requests to the Centers for Medicare and Medicaid Management for records concerning the risk adjustment processing system filter logic and the way in which payments were calculated. The agency acknowledged receipt of the requests and told FBT that it would cost $120,000 to search the records. FBY paid the fee and CMS disclosed in multiple interim releases but withheld a number of records under Exemption 5 (privileges). After hearing nothing further from the agency, FBT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. PROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. DEPARTMENT OF THE TREASURY (filed Oct 21, 2021)
   The Project on Government Oversight submitted a FOIA request to the IRS for records concerning a whistleblower’s allegations of improprieties in the presidential audit process. POGO also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted POGO’s request for expedited processing but told POGO its request was too broad to search. After hearing nothing further from the agency, POGO filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. COLORADO WILD PUBLIC LANDS v. UNITED STATES FOREST SERVICE (filed Oct 21, 2021)
   Colorado Wild Public Lands submitted two FOIA requests to U.S. Forest Service for records concerning the Valle Seco Land Exchange. The agency acknowledged receipt of the requests and told CWPL that it could disclose records until the NEPA process was completed. CWPL filed administrative appeals of the denial. After hearing nothing further from the agency, CWPL filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. U.S. FOREST SERVICE (filed Oct 22, 2021)
   Public Employees for Environmental Responsibility submitted two FOIA requests to U.S. Forest Service for records concerning a summary of incidents of violence, threats, or harassment against USFS employees in 2019 and 2020. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. TOBIAS v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Oct 22, 2021)
   Reporter Jimmy Tobias submitted two FOIA requests to the National Institute of Health. His first FOIA request was for records concerning communications between Anthony Fauci and Kristian Andersen, an associate professor at Scripps Research. The agency acknowledged receipt of the request and located 24 responsive pages. The agency withheld 17 pages entirely under Exemption 6 (invasion of privacy) and redacted portions of the remaining seven pages. Tobias filed an administrative appeal. His second FOIA request was for communications Fauci and Jeremy Farrar, the director of the Wellcome Trust. The agency acknowledged receipt of the request. The agency located 174 responsive pages. The agency withheld 30 pages entirely under Exemption 5 (privileges). The agency redacted portions of the remaining 144 records under Exemption 5, Exemption 6, and Exemption 4 (commercial and confidential). Tobias filed an administrative appeal of the second request. After hearing nothing further from the agency, Tobias filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. RICHARDSON v. UNITED STATES OF AMERICA, ON BEHALF OF ITS AGENCY, THE INTERNAL REVENUE SERVICE (filed Oct 22, 2021)
   Janet Richardson submitted a FOIA request to the IRS for records concerning the agency’s audit of her husband’s medical practice. The agency acknowledged receipt of the request. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Richardson filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. STANTON v. UNITED STATES ATTORNEY'S OFFICE FOR MIDDLE DISTRICT OF GEORGIA (filed Oct 19, 2021)
    Brian Stanton submitted a FOIA request to the U.S. Attorney’s Office for the Middle District of Georgia for records concerning his conviction. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Stanton filed suit.
    Issues: Failure to respond within statutory time limit
11. Flannery Georgalis, LLC v. Higher Learning Commission (filed Oct 20, 2021)
    The law firm of Flannery Georgalis filed suit against the Higher Learning Commission, a recognized accrediting agency approved by the Department of Education. Although the law firm was seeking information, this is not a FOIA request because the Higher Learning Commission is not a federal agency subject to FOIA.
    Issues: FOIA not mentioned
12. Black Hills Clean Water Alliance v. U.S. Forest Service et al (filed Oct 21, 2021)
    The Black Hills Clean Water Alliance submitted a FOIA request to U.S. Forest Service for records concerning exploratory gold drilling in the Northern Hills. The agency acknowledged request and disclosed records in PDF form and posted many records to its website. However, a number of records were withheld. BHCWA filed an administrative appeal. The agency responded to the appeal by upholding its original decision. BHCWA then filed suit.
    Issues: Search, Litigation – Vaughn index, Litigation – Attorney’s fees
13. Tarabein v. United States of America (filed Oct 18, 2021)
    Rassan Tarabein filed against the United States after being denied records about his conviction related to the Centers for Medicare and Medicaid Services. This is not a FOIA case.
    Issues: FOIA not mentioned
14. Froehlich v. Transportation Security Administration et al (filed Oct 18, 2021)
    Matthew Froelich submitted a FOIA request to the Transportation Security Administration for records concerning video taken of his missing laptop at the airport. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Froelich filed suit.
    Issues: Failure to respond within statutory time limit
15. Goodman v. Federal Bureau Of Investigation (filed Oct 19, 2021)
    Ryan Goodman, editor of Just Security, submitted a FOIA request to the FBI for records concerning communications between the FBI and social media companies before Jan. 6, 2021. Goodman’s request also included a list of search terms. The agency acknowledged receipt of the request but told Goodman that it was too broad to search. Goodman filed an administrative appeal. The agency upheld its denial. Goodman then filed suit.
    Issues: Expedited processing, Public Interest Fee Waiver, Litigation – Attorney’s fees

In addition, we have added 1 document from 1 case, with an earlier filing date, that has recently appeared on PACER.

• CASE NUMBER NOT USED (filed Oct 15, 2021)