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BUZZFEED INC. v. U.S. DEPARTMENT OF STATE and 23 other new FOIA lawsuits, plus case descriptions

by Harry Hammitt on April 1st, 2022

We have added 97 documents from 12 FOIA cases filed between March 20, 2022 and March 26, 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. BUZZFEED INC. v. U.S. DEPARTMENT OF STATE (filed Mar 22, 2022)
    BuzzFeed, Inc submitted a FOIA request to the Department of State for records concerning emails and text messages sent to Gregg Johnstone, Special Countermeasures Section Chief regarding the report from the JASON science advisory group report on injuries sustained by U.S. diplomatic personnel in Cuba in 2016 and 2017. The agency acknowledged receipt and gave BuzzFeed an estimated date of completion. However, after hearing nothing further from the agency, BuzzFeed filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
  2. DELLA ROCCA v. UNITED STATES POSTAL SERVICE (filed Mar 22, 2022)
    Brian Della Rocca submitted a FOIA request to U.S. Postal Service for records concerning cargo information relating to specifically identified contracts during a specifically identified period of time. The agency acknowledged receipt of the request. The agency told Della Rocca that his request was too broad. Della Rocca explained to the agency why he worded his request the way he did but did not narrow the scope of the request. After hearing nothing further from the agency, Della Rocca filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  3. CORE v. UNITED STATES DEPARTMENT OF LABOR (filed Mar 23, 2022)
    Brenda Core submitted a FOIA request to the Department of Labor for records concerning specifically identified actions related to the agency’s medical actions pertaining to herself. The agency acknowledged receipt of the request. The agency then told her that it had granted her request in full. Since she had received no records, Core filed an administrative appeal. The agency remanded her request for further processing. After hearing nothing further from the agency, Core filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  4. PROTECT THE PUBLIC'S TRUST v. DEPARTMENT OF STATE (filed Mar 23, 2022)
    Protect the Public’s Trust submitted a FOIA request to the Department of State for records concerning meetings by Senior Advisor Jesse Young in the performance of his work for the SECC. The agency acknowledged receipt of the request and told PPT that its request was put in the complex queue for processing. After hearing nothing further from the agency, PPT filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  5. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. ENVIRONMENTAL PROTECTION AGENCY (filed Mar 23, 2022)
    Public Professionals for Environmental Responsibility submitted a FOIA request to the EPA for records showing that rebuilding the Safer Choices program would be a cost-effective investment of staff resources. 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
  6. GUN OWNERS OF AMERICA, INC. et al v. UNITED STATES SECRET SERVICE (filed Mar 23, 2022)
    Gunowners of America and Gun Owners Foundation submitted FOIA requests to U.S. Secret Service for records concerning the agency’s investigation of a Palmetto State Armory AR-15 lower receiver LETSGO-15.” 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
  7. BEVERIDGE & DIAMOND, P.C. v. ENVIRONMENTAL PROTECTION AGENCY (filed Mar 25, 2022)
    The law firm of Beverage & Diamond submitted two FOIA requests to the EPA for records concerning the factors or criteria used to identify the 25 high priority sites that are the subject of an Office of Inspector General report. The agency acknowledged receipt of the requests. The agency provided some records but after being dissatisfied with the agency’s response, Beverage & Diamond filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
  8. Moore Injury Law, LLC et al v. United States Department of Labor (filed Mar 21, 2022)
    Moore Injury Law, LLC submitted FOIA requests to the Occupational Safety and Health Administration for records concerning inspections of the ConMed Corporation located at Lithia Springs, Georgia. The agency produced 381 redacted records pertaining to two inspection reports. Moore Injury Law filed an administrative appeal. After hearing nothing further from the agency, Moore Injury Law filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
  9. Bahrampour v. Department of the Army (filed Mar 23, 2022)
    Afshin Bahrampour submitted a FOIA request to the Department of the Army for records concerning bio-effects of certain non-lethal weapons. The agency acknowledged receipt of the request. The agency disclosed a non-classified report from 2010. Dissatisfied with the agency’s response, Bahrampour filed suit.
    Issues: Failure to respond within statutory time limit
  10. Southern Environmental Law Center v. Tennessee Valley Authority (filed Mar 24, 2022)
    The Southern Environmental Law Center submitted a FOIA request to the Tennessee Valley Authority for records concerning the agency’s communications with methane gas companies. The agency acknowledged receipt of the request. The agency disclosed two heavily redacted contracts called Precedent Agreements, which were redacted under Exemption 4 (commercial and confidential). SELC withdrew the remainder of its request. SELC then filed an administrative appeal. The agency affirmed its original denial and added Exemption 5 (privileges) as well. SELC then filed suit.
    Issues: Litigation – Attorney’s fees
  11. Hall v. United States of America et al (filed Mar 21, 2022)
    Virgil Hall, a federal prisoner, was arrested for DUI in the State of Utah. Drugs were found in his vehicle and his convicted of possession. He tried to access records concerning his conviction but after hearing nothing from the DEA, he filed suit.
    Issues: Failure to respond within statutory time limit
  12. LaROSE v. U.S. Department of Energy (filed Mar 21, 2022)
    Shea LaRose submitted two FOIA requests to the Department of Energy for records concerning himself. The agency acknowledged receipt of the requests but told LaRose’s attorney that he needed to provide certification of authorization. After hearing nothing further from the agency, LaRose filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 76 documents from 12 cases, with earlier filing dates, that have recently appeared on PACER.

  1. 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
  2. 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
  3. 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
  4. 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
  5. 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
  6. 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
  7. 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
  8. 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
  9. 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
  10. 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
  11. 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
  12. 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

From → FOIA, PACER

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