The New York Times Company v. United States Department of State and 26 other new FOIA lawsuits

We have added 150 documents from 25 FOIA cases filed between January 30, 2022 and February 5, 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. The New York Times Company v. United States Department of State (filed Jan 31, 2022)
   The New York Times submitted two FOIA requests to the Department of State for records concerning correspondence sent or received between August 1, 2015 and December 14, 2019 by a specific list of U.S. Embassy Officials in the U.S. Embassy in Romania that mentioned any of a specific list of keywords. The agency acknowledged receipt of the request. The New York Times submitted a second request expanding the time frame of the request. The agency acknowledged receipt of that request as well. After hearing nothing further from the agency, the New York Times Company filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Hart v. Facebook, Inc. et al (filed Feb 3, 2022)
   Justin Hart sued Facebook for interfering with his business. He also sued several federal defendants, including President Joe Biden. This is not a FOIA claim.
   Issues: FOIA not mentioned
3. SEETHINK FILMS et al v. FEDERAL BUREAU OF INVESTIGATION (filed Jan 31, 2022)
   SeeThink Films, a documentary film company, submitted a FOIA request to the FBI for records concerning the Sullivan Institute for Research in Psychoanalysis, an organization that operated between 1957 and 1992, in which psychotherapists exercised an extreme degree of control over patients. The agency acknowledged receipt of the request and divided the request into six separate requests based on subject matter. After hearing nothing further from the agency, SeeThink Films filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. CENTER FOR IMMIGRATION STUDIES v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Feb 1, 2022)
   The Center for Immigration Studies submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning aliens removed by ICE in FYI 2019, FYI 2020, and FYI 2021. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CIS filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
5. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Feb 1, 2022)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Justice for records concerning the referral by the Department of Commerce’s Office of Inspector General to DOJ’s Public Security Section concerning finding that former Commerce Secretary Wilbur Ross mispresented the rationale for the restatement of the citizenship question on the 2020 Census. CREW also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. MORRISON URENA, L.C. v. UNITED STATES DEPARTMENT OF STATE (filed Feb 2, 2022)
   Morrison Urena, L.C., an immigration law firm, submitted a FOIA request to the Department of State for records concerning the Kentucky Consular Center’s policies on awarding diversity visas. Morrison Urena also requested expedited processing. The agency acknowledged receipt of the request and invoked unusual circumstances. After hearing nothing further from the agency, Morrison Urena filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. MORRISON URENA, L.C. v. UNITED STATES DEPARTMENT OF STATE (filed Feb 2, 2022)
   The immigration law firm of Morrison Urena, L.C. submitted a FOIA request to the Department of State for records concerning ALDAC cables sent to consulates amending or rescinding the Feb. 19, 2021 guidance known as 21 14702. Morrison Urena also requested expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Morrison Urena filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. GREENSPAN v. U.S. DEPARTMENT OF TRANSPORTATION et al (filed Feb 3, 2022)
   Aaron Greenspan, who operates a website dedicated to making government and business dealings more accessible to the public, submitted FOIA requests to the National Highway Traffic Safety Administration and the Securities and Exchange Commission. His two requests to NHTSA asked for records on self-driving vehicles and radar removal. His two requests to the SEC asked for records on its investigation of Tesla and communications with Cheryl Crumpton, who worked at the Office of Ethics Counsel. NHTSA acknowledged receipt of the requests, but Greenspan heard nothing more from NHTSA. The SEC acknowledged the two requests. The SEC denied his request for records on its Tesla investigation under Exemption 7(A) (interference with ongoing investigation or proceeding). After hearing nothing further from the agency concerning either request, Greenspan filed suit against both agencies.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. PROTECT THE PUBLIC'S TRUST v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed Feb 3, 2022)
   Protect the Public Trust submitted two FOIA requests to the EPA for records. PPT’s first request asked for records concerning political appointees of the Biden administration who had worked with various named environmental groups. PPT also requested a fee waiver. The agency acknowledged receipt of the request and denied PPT’s request for a fee waiver. PPT’s other FOIA request asked for records concerning for calendar appointments for various named employees with third parties outside the government. PPT also requested a fee waiver. The agency acknowledged receipt of the request and granted PPT’s request for a fee waiver. After hearing nothing further from the agency pertaining to either request, PPT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
10. CATHOLICVOTE CIVIC ACTION et al v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Feb 4, 2022)
    CatholicVote Civic Action and Judicial Watch submitted two FOIA requests to U.S. Customs and Border Protection and the Department of Health and Human Services for records concerning communications between CBP and the Diocese of Brownville, Texas, and other Catholic organizations. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency, CatholicVotes Civic Action and Judicial Watch filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
11. CATHOLICVOTE CIVIC ACTION et al v. U.S. DEPARTMENT OF JUSTICE (filed Feb 4, 2022)
    CatholicVote Civic Action and Judicial Watch submitted a FOIA request to the Department of Justice for records concerning communications between the Office of the Solicitor General and a number of Catholic officials and/or organizations. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CatholicVote Civic Action and Judicial Watch filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
12. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Feb 4, 2022)
    Judicial Watch submitted a FOIA request to the FDA for records concerning the adverse event reports associated with a list of case numbers. 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. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Feb 4, 2022)
    Judicial Watch submitted a FOIA request to the FDA for records concerning emails sent to or from Center for Biologics Evaluation and Research Director Marion Gruber concerning booster vaccines. 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
14. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Feb 4, 2022)
    Judicial Watch submitted a FOIA request to the Department of Health and Human Services for records concerning emails from the HHS biosecurity board, known as the Ferrets Committee regarding gain-of-function research. 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
15. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Feb 4, 2022)
    Judicial Watch submitted a FOIA request to the FDA for records concerning emails sent to or from HHS biosecurity official Lawrence Kerr regarding gain-of-function research. 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
16. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Feb 4, 2022)
    Judicial Watch submitted a FOIA request to the Department of Health and Human Services for records concerning communications pertaining to a Sept. 21, 2021 letter from Sen. James Lankford to Secretary Xavier Becerra demanding an investigation of the University of Pittsburgh’s program of fetal body parts procurement. The agency acknowledged receipt of the request. Judicial Watch submitted a second FOIA request to the National Institute of Heath for records concerning communications to or from NIH Director Frances Collins pertaining to the Lankford letter. 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
17. NATIONAL TREASURY EMPLOYEES UNION v. U.S. CUSTOMS AND BORDER PROTECTION (filed Feb 4, 2022)
    National Treasury Employees Union submitted a FOIA request to U.S. Customs and Border Protection for records concerning emails related to the search term “weather and safety leave.” The agency acknowledged receipt of the request but after hearing nothing further from the agency, NTEU filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. ENERGY POLICY ADVOCATES v. ENVIRONMENTAL PROTECTION AGENCY (filed Feb 4, 2022)
    Energy Policy Advocates submitted a FOIA request to the EPA for records concerning the development of the National Ambient Air Quality Standards and Paris Climate Agreement. EPA also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted EPA’s request for a fee waiver but denied its request for expedited processing. After hearing nothing further from the agency, EPA filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
19. STONEHILL v. UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION (filed Feb 4, 2022)
    Pauline Stonehill, co-executor of the Estate of Harry Stonehill, submitted a FOIA request to the Criminal Division of the Department of Justice for records concerning a number of FOIA requests submitted by the Estate. After hearing nothing further from the agency, Stonehill filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
20. Hutchinson, III v. United States Department of Labor (filed Jan 31, 2022)
    Freddie Hutchinson submitted a FOIA request to the Department of Labor for records concerning the investigation of his administrative complaint against his employer. The agency acknowledged receipt of the request and told Hutchinson that it had a backlog of requests. After hearing nothing further from the agency, Hutchinson filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
21. Connett v. National Institutes of Health (filed Feb 3, 2022)
    Michael Connett, an attorney, submitted a FOIA request to the National Institute of Health for records concerning communications to or from Lawrence Taback, Deputy Director of NIH that contain the words fluoride or fluoridation in relation to a revised draft of a National Toxicology Program systematic review. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Connett filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
22. The New York Times Company et al v. Federal Bureau of Investigation (filed Jan 31, 2022)
    New York Times reporter Alexa Mills submitted a FOIA request to the FBI asking the agency to review the redactions in a 130-page investigation into the murder of Pvt. Felix Hall, who died at Fort Benning, Georgia, in 1941 and reconsider disclosing more information from the redacted report. The FBI acknowledged receipt of the request but told Mills that it did not consider the requested records qualified for reprocessing. Mills filed an administrative appeal of the FBI”s decision and the Office of Information Policy upheld the FBI’s decision on the basis of Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The New York Times Company and Mills and then filed suit.
    Issues: Litigation – Attorney’s fees
23. Emery Celli Brinckerhoff Abady Ward & Maazel LLP v. United States Department of Homeland Security et al (filed Feb 1, 2022)
    The law firm of Emery Celli Brinckerhoff Abady Ward & Maazel submitted a FOIA request to the Department of Homeland Security for records concerning the investigation of the death of Hernandez Vasquez while in custody on May 20, 2019. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the law firm filed suit.
    Issues: Failure to respond within statutory time limit
24. Halsey et al v. United States Army Corps of Engineers (filed Feb 3, 2022)
    Gerald and Betty Halsey submitted a FOIA request to U.S. Army Corps of Engineers for records concerning an April 13, 2017 dam breach on Rattlesnake Creek in Asotin County, Washington. The agency acknowledged receipt of the request and told the Halseys that it was referring the request to its district office. After hearing nothing further from the agency, the Halseys filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
25. WILDEARTH GUARDIANS v. U.S. BUREAU OF RECLAMATION (filed Jan 31, 2022)
    WildEarth Guardians submitted a FOIA request to U.S. Bureau of Reclamation for records concerning communications between the agency and the State of New Mexico pertaining to the Middle Rio Grande Conservancy District. The agency acknowledged receipt of the request but after hearing anything further from the agency, WildEarth Guardians filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

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

• MORENO v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY et al (filed Jan 24, 2022)
• KOURANI v. EXECUTIVE OFFICE OF US ATTORNEY et al (filed Jan 24, 2022)