New Mexico Immigrant Law Center v. U.S. Immigration and Customs Enforcement and 15 other new FOIA lawsuits

We have added 108 documents from 16 FOIA cases filed between January 2, 2022 and January 8, 2022. 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. New Mexico Immigrant Law Center v. U.S. Immigration and Customs Enforcement (filed Jan 7, 2022)
   The New Mexico Immigrant Law Center submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the treatment of detainees represented by NMILC. NMILC also requested expedited processing. The agency acknowledged receipt of the request. After hearing nothing from the agency, NMILC filed an administrative appeal. The agency ignored the appeal but continued to process NMILC’s request. After hearing nothing further from the agency, NMILC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Expedited processing
2. Ecological Rights Foundation v. U.S. Department of Justice (filed Jan 6, 2022)
   Ecological Rights Foundation submitted a FOIA request to the Department of Justice for records concerning the Fitzpatrick Matrix. The agency acknowledged receipt of the request and told ERF that it had referred the request to the FBI for processing. After hearing nothing further from the agency, ERF filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. HUMAN RIGHTS FIRST v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT et al (filed Jan 4, 2022)
   Human Rights First submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the role of race in custody and asylum eligibility determinations. Human Rights First also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Human Rights First filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Adequacy – Search, Litigation – Attorney’s fees
4. FINDERS KEEPERS USA LLC v. U.S. DEPARTMENT OF JUSTICE (filed Jan 4, 2022)
   Finders Keepers USA submitted a FOIA request to the FBI for records concerning the investigation of an alleged missing shipment of gold purportedly buried in Pennsylvania state forest land in Dents Run, PA. The FBI acknowledged receipt of the request. The agency told Finders Keepers USA that the matter involved a pending law enforcement matter. Finders Keepers USA then filed an administrative appeal. The Office of Information Policy ruled in favor of Finders Keepers USA and order the FBI to search for records. The FBI located 2,378 responsive pages and 17 video files. Finders Keepers USA narrowed the scope of its request to avoid potential fees. Finders Keepers USA then requested expedited processing. The FBI denied Finders Keepers USA’s request for expedited processing. After hearing nothing further from the agency, Finders Keepers USA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. REED SMITH LLP v. FOOD AND DRUG ADMINISTRATION (filed Jan 4, 2022)
   The law firm of Reed Smith LLP submitted a FOIA request to the FDA for records concerning communications between the agency and United States Pharmacopeial Convention pertaining to the compounding of human and animal drugs. The agency acknowledged receipt of the request and told Reed Smith that because it had a backlog it would take more to process its request. After hearing nothing further from the agency, Reed Smith filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
6. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. ENVIRONMENTAL PROTECTION AGENCY (filed Jan 4, 2022)
   Public Employees for Environmental Responsibility submitted a FOIA request to the EPA for records concerning reports submitted to the agency under Section 8(e) of the Toxic Substances Control Act. PEER also requested a fee waiver. The agency acknowledged receipt of the request and granted PEER’s request for a fee waiver. After hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. INSIDER INC. et al v. U.S. DEPARTMENT OF DEFENSE (filed Jan 6, 2022)
   Investigative journalist Mattathias Schwartz submitted two FOIA requests to the Department of Defense for records concerning communications by the Joint Chiefs of Staff with White House staff in the run-up to the attack of the Capitol on Jan. 6, 2021. The agency acknowledged receipt of the requests. Schwartz then amended his requests to ask for expedited processing. The agency granted his request for expedited processing. After hearing nothing further from the agency, Schwartz filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. AMERICAN TRANSPARENCY et al v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jan 7, 2022)
   American Transparency, Inc. and Judicial Watch submitted a FOIA request to the National Institutes of Health for records concerning calendar entries for Anthony Fauci. The agency acknowledged receipt of the request but after hearing nothing further from the agency, American Transparency and Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
9. JUDICIAL WATCH, INC. v. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (filed Jan 7, 2022)
   Judicial Watch submitted a FOIA request to the Federal Reserve for records concerning emails sent by agency employees pertaining to the selection of any Federal Reserve Bank president. The agency acknowledged receipt of the request but 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
10. JUDICIAL WATCH, INC. v. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (filed Jan 7, 2022)
    Judicial Watch submitted a FOIA request to the Federal Reserve for records concerning emails related to the sale of stock by Federal Reserve officials. The agency acknowledged receipt of the request but 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
11. JUDICIAL WATCH, INC. v. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (filed Jan 7, 2022)
    Judicial Watch submitted a FOIA request to the Federal Reserve for records concerning guidance from the Federal Reserve or Federal Reserve banks pertaining to Community Development, Community Affairs or the Community Reinvestment Act. The agency acknowledged receipt of the request but 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
12. JUDICIAL WATCH, INC. v. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (filed Jan 7, 2022)
    Judicial Watch submitted a FOIA request to the Federal Reserve for records concerning a variety of conservative topics pertaining to issues like critical race theory. The agency acknowledged receipt of the request but 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
13. CRYER v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Jan 7, 2022)
    Actor Jon Cryer submitted FOIA requests to the FBI and the National Archives and Records Administration for records concerning his relative, Peter Niven Kiger, who was a member of War Resisters during the Vietnam War. The agencies acknowledged receipt of the requests. The FBI told Cryer that it had destroyed any records it had but that responsive records had been transferred to NARA. However, NARA told Cryer that it could find no records responsive to has request. After hearing nothing from NARA, Cryer filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Grosvenor v. U.S. Customs and Border Protection (filed Jan 7, 2022)
    Mark Grosvenor submitted a FOIA request to U.S. Customs and Border Protection for reasons why he was no longer approved to participate in the Trusted Traveler Program. The agency acknowledged receipt of the request. The agency denied his request. Grosvenor then filed an administrative appeal. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, Grosvenor filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. Conte v. National Archives and Records Administration (filed Jan 7, 2022)
    Journalist Andrea Conte submitted FOIA requests to the National Archives and Records Administration for records concerning the history of the collaboration between the Baltimore Police Department and the FBI to dismantle the Baltimore office of the Black Panther Party. The agency acknowledged receipt of the requests but never satisfied Conte’s requests. After hearing nothing further from the agency, Conte filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. Smolen v. The Federal Aviation Administration (filed Jan 4, 2022)
    Robert Smolen, an air traffic controller, submitted a FOIA request to the Federal Aviation Administration for records concerning the jurisdictional transfer of Newark from New York to Philadelphia. The agency acknowledged receipt of the request. The agency disclosed 58 heavily redacted pages. Smolen filed an administrative appeal. After hearing nothing from the agency, Smolen complained to the Office of Government Information Services. Although OGIS agreed to help mediate the dispute, after hearing nothing further from the FAA, Smolen filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs