NATIONAL PUBLIC RADIO, INC. et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, plus case descriptions

We have added 83 documents from 15 FOIA cases filed between December 5, 2021 and December 11, 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. NATIONAL PUBLIC RADIO, INC. et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Dec 6, 2021)
   National Public Radio submitted two FOIA requests to the Department of Health and Human Services for records concerning the COVID-19 Incident Management Team Weekly Reports generated by the Biomedical Advanced Research and Development Authority. In response to its first FOIA request, the agency located 47 pages responsive to the request and withheld them entirely under Exemption 4 (commercial and confidential) and Exemption 5 (privileges). NPR filed an administrative appeal of the denial. NPR submitted a second FOIA request for the weekly reports for an updated time period. After hearing nothing further from the agency, NPR filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. Martinez v. Administrative Office of the United States Courts (filed Dec 6, 2021)
   Jose Martinez submitted a FOIA request to the Administrative Office of U.S. Courts for records concerning transcripts of his trial. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Martinez filed suit.
   Issues: Failure to respond within statutory time limit
3. ENERGY POLICY ADVOCATES v. SMALL BUSINESS ADMINISTRATION (filed Dec 6, 2021)
   Energy Policy Advocates submitted a FOIA request to the Small Business Administration for records concerning allegations that payments made under the Paycheck Protection Program were being forgiven to industries favored by the Biden administration at a faster rather than others. EPA also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, EPA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. CENTER FOR FOOD SAFETY v. ENVIRONMENTAL PROTECTION AGENCY (filed Dec 7, 2021)
   The Center for Food Safety submitted a FOIA request to the EPA for records concerning crop seeds treated with any of four listed chemicals. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CFS filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. The New York Times Company et al v. United States Department of Health And Human Services (filed Dec 7, 2021)
   The New York Times submitted a FOIA request to the Indian Health Services for records used to track persons eligible for the Purchased/Referred Care Program. The New York Times also clarified that it did not want personally identifying information. 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, Adequacy – Search, Litigation – Attorney’s fees
6. American Civil Liberties Union et al v. United States Customs and Border Protection et al (filed Dec 7, 2021)
   The ACLU submitted FOIA requests to agencies in the Department of Homeland Security, the Department of Justice, and the Department of Transportation for records concerning 37 specific aircraft used for aerial surveillance. The ACLU also requested a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, the ACLU filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
7. BOUNDY v. UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) (filed Dec 7, 2021)
   David Boundy submitted FOIA requests to U.S. Patent and Trademark Office for records concerning the signatory requirements. The agency acknowledged receipt of the request and had discussions with Boundy of the scope of his request but after the agency failed to respond, Boundy filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. AMERICANS FOR PROSPERITY FOUNDATION v. FEDERAL TRADE COMMISSION (filed Dec 8, 2021)
   Americans for Prosperity Foundation submitted a FOIA request to the Federal Trace Commission for records concerning the decision to replace the 2015 Section 5 policy statement concerning unfair methods of competition. The agency acknowledged receipt of the request and placed it in unusual circumstance processing queue. After hearing nothing further from the agency, APF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. National Public Radio, Inc. et al v. United States Central Command (filed Dec 8, 2021)
   National Public Radio submitted two FOIA request to U.S. Central Command for records concerning the attempt to kill Abu Bakr al-Baghdadi. NPR also requested expedited processing and a fee waiver. The agency acknowledged of the requests but after hearing nothing further from the agency, NPR filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Empower Oversight Whistleblowers & Research v. U.S. Securities and Exchange Commission (filed Dec 8, 2021)
    Empower Oversight Whistleblowers and Research submitted six FOIA request for records concerning communications between William Hinman and any personnel from Simpson Thatcher. The agency acknowledged receipt of the request but after hearing nothing further from the agency, EOWR filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
11. NATIONAL VETERANS LEGAL SERVICES PROGRAM v. U.S. DEPARTMENT OF VETERANS AFFAIRS (filed Dec 9, 2021)
    National Veterans Legal Services Program submitted a FOIA request to the Department of Veterans Affairs for records concerning the first page of each Board of Veterans Appeals decision from October 2019 through September 2020. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NVLSP filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
12. SCHILLING v. U.S. DEPARTMENT OF TRANSPORTATION (filed Dec 9, 2021)
    Robert Schilling submitted 51 FOIA requests to the Department of Transportation for records concerning grants awarded to Jaunt, Inc., a local transit authority in Charlottesville, Virginia. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Schilling filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Bowes et al v. Village of Phoenix et al (filed Dec 9, 2021)
    Cathy Bowes filed suit against the Village of Phoenix on charges related to sexual assault. While she alleged that various local public bodies failed to respond to FOIA requests, this is not a FOIA claim.
    Issues: FOIA mentioned only tangentially
14. The New York Times Company et al v. Federal Bureau of Investigation (filed Dec 9, 2021)
    New York Times reporters Lee Levine and Stephen Wermiel submitted FOIA requests to the FBI for records concerning the surveillance of New York Times reporters during the COINTELPRO investigation. The New York Times also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied the request, claiming it did not adequately describe records. The New York Times filed an administrative appeal but after hearing nothing further from the agency, the New York Times filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
15. Western Watersheds Project v. National Park Service (filed Dec 9, 2021)
    Western Watershed Project submitted nine FOIA requests to the National Parks Service for records concerning annual updates for the agency’s range program. The agency acknowledged receipt of the requests. The agency disclosed some records but withheld others. After hearing nothing further from the agency, WWP filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, 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.

• WHITMAN v. DEPARTMENT OF THE ARMY (filed Nov 29, 2021)