Montana Environmental Information Center et al v. Office of the Secretary of the Interior et al

We have added 118 documents from 15 FOIA cases filed between March 13, 2022 and March 19, 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. Montana Environmental Information Center et al v. Office of the Secretary of the Interior et al (filed Mar 18, 2022)
   The Montana Environmental Information Center, WildEarth Guardians, and the Center for Biological Diversity submitted a FOIA request to the Department of the Interior for records concerning implementation of Biden Eos dealing with issues like climate change, and oil and gas leasing on federal lands. The agency acknowledged receipt of the request. However, after hearing nothing further from the agency, MEIC and the other plaintiffs filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. TOBIAS v. U.S. DEPARTMENT OF INTERIOR et al (filed Mar 14, 2022)
   Journalist Jimmy Tobias submitted nine FOIA requests to the Department of Interior for records concerning appointment calendars for various Biden agency appointees. The agency acknowledged the receipt of the requests but after hearing nothing further from the agency, Tobias filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. MALIK v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Mar 14, 2022)
   Adam Malik submitted FOIA requests to the Department of Homeland Security, the FBI, and the National Archives and Records Administration for records concerning the seizure of his Iphone at DFW Airport on January 3, 2021. The agencies acknowledged receipt of the requests. Malik also submitted a request to U.S. Customs and Border Protection for records concerning its manuals and guidance for seizing of materials. The agency acknowledged that request but withheld large portions of manuals under Exemption 7(E) (investigative methods and techniques). Other agencies withheld records as well. Malik eventually filed suit against all the agencies.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. CULHANE MEADOWS, PLLC v. U.S. POSTAL SERVICE (filed Mar 14, 2022)
   The law firm of Culhane Meadows, PLLC submitted a FOIA request to U.S. Postal Service for records concerning ethical conduct communications and instructions between the USPS Ethical Conduct Officer and USPS official Douglas Veatch. The agency acknowledged receipt of the request. The agency disclosed 17 pages but withheld portions under Exemption 5 (privileges). Culhane Meadows filed an administrative appeal. The agency upheld its original decision. Culhane Meadows then filed suit.
   Issues: Litigation – Attorney’s fees
5. FEDERATION FOR AMERICAN IMMIGRATION REFORM v. UNITED STATES CUSTOMS AND BORDER PROTECTION, et al (filed Mar 15, 2022)
   The Federation for American Immigration Reform submitted a FOIA request to U.S. Customs and Border Protection for records concerning the number of illegal aliens who entered the country with COVID-19. The agency acknowledged receipt of the request. The agency responded to the request by referring FAIR to its website. FAIR then filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 16, 2022)
   Judicial Watch submitted a FOIA request to the FDA for records concerning data and studies submitted by Pfizer and BioNTech to the FDA, including but not limited to BARDA, relating to booster vaccinations for SARS-Cov2 virus. The agency acknowledged receipt of the request and told Judicial Watch it was invoking a 10-day extension. 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
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 16, 2022)
   Judicial Watch submitted a FOIA request to the FDA for records concerning submissions from Pfizer and BioNTech for the SARS-CoV-2 vaccine known as Comirnaty. The agency acknowledged receipt of the request. 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
8. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Mar 16, 2022)
   Judicial Watch submitted a FOIA request to the Department of Justice for records concerning communications between Special Counsel John Durham and Attorney General Merrick Garland. The agency acknowledged receipt of the request and invoked a 10-day extension. 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
9. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Mar 16, 2022)
   Judicial Watch submitted a FOIA request to the Department of Justice for records concerning a virtual meeting pertaining to threats to election officials. The agency acknowledged receipt of the request. The agency referred the request to the FBI and the Office of Information Policy. The agency also told Judicial Watch that its request qualified as unusual circumstances. 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. U.S. DEPARTMENT OF STATE (filed Mar 16, 2022)
    Judicial Watch submitted a FOIA request to the Department of State for records concerning the number of applications for a National Security Exemption to any COVID-19 related travel restrictions. The agency acknowledged receipt of the request. The agency told Judicial Watch that it was invoking a 10-day extension. 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. PROTECT THE PUBLIC’S TRUST v. U.S. DEPARTMENT OF TRANSPORTATION (filed Mar 18, 2022)
    Protect the Public Trust submitted a FOIA request to the Department of Transportation for records concerning waivers or policy exemption Biden administration appointees from its ethics pledge. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PPT filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. GUN OWNERS OF AMERICA, INC. et al v. U.S. DEPARTMENT OF STATE (filed Mar 18, 2022)
    Gunowners of America and the Gun Owners Foundation submitted a FOIA request to the Department of State for records concerning whether President Biden had consulted with the Congress before banning the importation of firearms and ammunition manufactured in Russia. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gunowners of America and Gun Owners Foundation filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
13. ELECTRONIC PRIVACY INFORMATION CENTER v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Mar 18, 2022)
    The Electronic Privacy Information Center submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning ICE’s communications and contracts with ShadowDragon and ICE’s use of SocialNet. EPIC also requested inclusion in the news media fee category, a fee waiver, and expedited processing. EPIC heard nothing further from ICE concerning this request. EPIC also submitted a second request on ICE’s use of Babel Street. EPIC also requested inclusion in the news media fee category and expedited processing. EPIC did not hear anything further from the agency on this request as well. EPIC then filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
14. American Civil Liberties Union of Massachusetts, Inc. v. U.S. Immigration and Customs Enforcement (filed Mar 16, 2022)
    The ACLU of Massachusetts submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning all guidance to ICE OPLA and OCC attorneys that is currently in effect. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the ACLU of Massachusetts filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
15. Borromeo v. MAYORKAS et al (filed Mar 17, 2022)
    Shirley Borromeo submitted FOIA requests to the Department of Homeland Security for records concerning herself. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Borromeo filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees