AMERICAN ACCOUNTABILITY FOUNDATION v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES and 12 other new FOIA lawsuits

We have added 62 documents from 13 FOIA cases filed between March 27, 2022 and April 2, 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. AMERICAN ACCOUNTABILITY FOUNDATION v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 31, 2022)
   American Accountability Foundation submitted a FOIA request to the Department of Health and Human Services for records concerning emails from specific individuals pertaining to Family Endeavors, which had obtained a contract to provide housing for migrants on the southern border. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AAF filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. Electronic Frontier Foundation v. Department of Homeland Security (filed Mar 28, 2022)
   The Electronic Frontier Foundation submitted a FOIA request to the Department of Homeland Security for records concerning agreements with SRA International pursuant to the Visa Lifecycle Vetting Initiative. EFF also requested inclusion in the media fee category. The agency acknowledged receipt of the request and transferred the request to U.S. Immigration and Customs Enforcement for processing. After hearing nothing further from the agency, EFF filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
3. JOHNSON v. UNITED STATES DEPARTMENT OF EDUCATION (filed Mar 28, 2022)
   Robert Johnson, a history professor, submitted a FOIA request to the Department of Education for records concerning emails between Catherine Lhamon, who is head of the Office of Civil Rights and a list of specified individuals. The agency acknowledged receipt of the request and indicated that it fell within the unusual circumstances category for processing. After hearing nothing further from the agency, Johnson filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. LEOPOLD et al v. U.S. DEPARTMENT OF DEFENSE (filed Mar 29, 2022)
   BuzzFeed journalist Jason Leopold submitted a FOIA request to the Department of Defense for records concerning all reports prepared by or for the Office of Net Assessment from January 2017 to the present. The agency acknowledged receipt of the request and told Leopold that it had a backlog of 3,713 open requests and that his request would be processed in turn. After hearing nothing further from the agency, Leopold filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. ENVIRONMENTAL PROTECTION AGENCY et al (filed Mar 30, 2022)
   Professional Employees for Environmental Responsibility submitted a FOIA request to the EPA for records concerning certain information referenced in the agency’s webpage Per and Polyfluoralkyl Substances in Pesticide Packaging. PEER also requested a fee waiver. The agency acknowledged receipt of the request and granted PEER’s request for a fee waiver. The agency told PEER that its request might have some overlap with a previous request. The agency indicated that it would take 3-4 weeks to process the request. After hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. AMERICAN CIVIL LIBERTIES UNION et al v. DEPARTMENT OF JUSTICE (filed Mar 30, 2022)
   The ACLU and the Washington Lawyers Committee for Civil Rights and Urban Affairs submitted a FOIA request to the Department of Justice for records provided to the Office of the Inspector General in connection with its review of the Federal Bureau of Prisons’ Use of Restrictive Housing for Inmates with Mental Illness. The ACLU also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, the ACLU and WLCCRUA filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
7. ERB v. YELLEN (filed Mar 30, 2022)
   Dennis Erb submitted a FOIA request to the Department of Treasury for records concerning the agency’s 2018 decision to suspend Erb’s security clearance. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Erb filed suit.
   Issues: Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees
8. Lietz v. Drug Enforcement Administration (filed Mar 30, 2022)
   Paul Leitz submitted a FOIA request to the DEA for records concerning a search and seizure incident involving himself. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Leitz filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
9. Legal Aid Justice Center v. U.S. Department of Labor (filed Mar 30, 2022)
   The Legal Aid Justice Center submitted a FOIA request to the Department of Labor for records concerning information about how the agency makes determinations of contract impossibility under the H-2A guest worker program. LAJC also requested a fee waiver. The agency acknowledged receipt of the request. The agency located 142 pages but only disclosed 22 pages, citing Exemption 5 (privilege). LAJC filed an administrative appeal. After hearing nothing further from the agency, LAJC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. PROTECT THE PUBLIC'S TRUST v. NATIONAL INSTITUTES OF HEALTH (filed Mar 31, 2022)
    Protect the Public’s Trust submitted a FOIA request to the National Institute of Health for records concerning an August 2021 press release titled New CDC Study: Vaccination Offers Higher Protection that Previous COVID-19 Infection. 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
11. HETTENA v. CENTRAL INTELLIGENCE AGENCY (filed Mar 31, 2022)
    Seth Hettena, an investigative journalist, submitted a FOIA request to the CIA for records concerning the concluding document of the investigation of the Office of Inspector General into the death of Manadal al-Jamaidi. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Hettena filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
12. AMERICAN ACCOUNTABILITY FOUNDATION v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Mar 31, 2022)
    American Accountability Foundation submitted a FOIA request to the Department of Homeland Security for records concerning emails from specific individuals pertaining to Family Endeavors, which had obtained a contract to provide housing for migrants on the southern border. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AAF filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. AMERICAN ACCOUNTABILITY FOUNDATION v. U.S. AGENCY FOR GLOBAL MEDIA (filed Apr 1, 2022)
    American Accountability Foundation submitted 58 FOIA requests to U.S. Agency for Global Media for records concerning emails from specific individuals and subject relevant to Voice of America activity in the Middle East. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, AAF filed suit.
    Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit