ELECTRONIC FRONTIER FOUNDATION v. DEPARTMENT OF JUSTICE and 18 other new FOIA lawsuits, plus case descriptions

We have added 161 documents from 19 FOIA cases filed between April 24, 2022 and April 30, 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. ELECTRONIC FRONTIER FOUNDATION v. DEPARTMENT OF JUSTICE (filed Apr 27, 2022)
   Electronic Frontier Foundation submitted a FOIA request to the Department of Justice for records concerning records identified as potentially responsive to an earlier case. EFF also requested inclusion in the news media fee category and a public interest fee waiver. The agency acknowledged receipt of the request and told EFF that its request fell in the unusual circumstances category. After hearing nothing further from the agency, EFF filed suit.
   Issues: Public Interest Fee Waiver, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (filed Apr 25, 2022)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Justice for trial exhibits in the trial of the United States v. Couy Griffin, a New Mexico public official, who had been convicted of a lesser charge for participating in the January 6 attack on the Capitol. CREW also asked for a fee waiver and expedited processing. 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, Expedited processing, Litigation – Attorney’s fees
3. CATO INSTITUTE v. U.S. DEPARTMENT OF TRANSPORTATION (filed Apr 25, 2022)
   The Cato Institute submitted a FOIA request to the Department of Transportation for records concerning any mention of the Cato Institute in relation to the implementation of the Jones Act. The agency acknowledged receipt of the request and told the Cato Institute that it was processing the request. After hearing nothing further from the agency, the Cato Institute filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. WP COMPANY LLC v. CENTRAL INTELLIGENCE AGENCY (filed Apr 26, 2022)
   The Washington Post submitted a FOIA request to the CIA for records concerning the CIA histories requested by the Church Committee during its investigation. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Washington Post filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. AMERICANS FOR PROSPERITY FOUNDATION v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed Apr 26, 2022)
   The Americans for Prosperity Foundation submitted a FOIA request to U.S. Citizenship and Immigration Services for records reflecting the results of the Known Employer’s Pilot. AFPF also requested a fee waiver and inclusion in the new media preferential category. The agency acknowledged receipt of the request. USCIS told AFPF that its request was 1577 of 1653 pending requests. After hearing nothing further from the agency, AFPF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. ALCRESTA THERAPEUTICS, INC. et al v. BECERRA et al (filed Apr 26, 2022)
   Alcresta Therapeutics, Inc. submitted a FOIA request to the Department of Health and Human Services for records concerning communications between the Centers for Medicare and Medicaid Services and Medicare contractors concerning the price of RELiZORB, a product of Alcresta Therapeutics. Alcresta Therapeutics also requested expedited processing. The agency acknowledged receipt of the request and denied Alcresta’s request for expedited processing. The agency told Alcresta that there were 52 responsive pages and withheld half of them under Exemption 5 (privileges). Alcresta filed an administrative appeal. The agency located other documents but after the agency failed to respond to Alcresta’s appeal, the company filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. DAHLSTROM et al v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY (filed Apr 27, 2022)
   Julie Ann Dahlstrom and Heba Gowayed, professors at Boston University, submitted FOIA requests to the Department of Homeland Security for records concerning how U.S. Citizenship and Immigration Services administered the T-Visa program. Dahlstrom and Gowayed also requested expedited processing. The agency initially denied their request for expedited processing but later reversed its earlier decision and granted the request for expedited processing. However, after hearing nothing further from the agency, Dahlstrom and Gowayed filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees
8. AMERICAN OVERSIGHT v. CENTRAL INTELLIGENCE AGENCY et al (filed Apr 27, 2022)
   American Oversight submitted FOIA requests to the CIA and the Department of State for records concerning communications of various senior officials. The agencies acknowledged receipt of the requests but after hearing nothing further from the agency, American Oversight filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
9. PROTECT THE PUBLIC'S TRUST v. OFFICE OF MANAGEMENT AND BUDGET (filed Apr 28, 2022)
   Protect the Public’s Trust submitted a FOIA request to OMB for records concerning waivers or impartiality determinations issued to political appointees of the Biden administration. 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
10. AMERICANS FOR FAIR TREATMENT v. UNITED STATES POSTAL SERVICE et al (filed Apr 28, 2022)
    Americans for Fair Treatment submitted a FOIA request to U.S. Postal Service for records concerning the agency’s Privacy Act statement allowing the agency to disclose personal information to third parties on antigen tests for COVID-19 where required by law. The agency acknowledged receipt of the request and told AFT that it had no responsive records. AFT filed an administrative appeal. The agency affirmed its no records response but told AFT that its Privacy Act statement was meant to comply with the E-Government Act. AFT then filed suit.
    Issues: Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
11. GANNETT SATELLITE INFORMATION NETWORK, LLC v. FOOD AND DRUG ADMINISTRATION (filed Apr 29, 2022)
    USA Today submitted a FOIA request to the FDA for records concerning the Emergency Use Authorization application by Vivera Pharmaceuticals for its COVx-RT Test. The agency acknowledged receipt of the request. After hearing nothing further from the agency, USA Today filed suit.
    Issues: Failure to respond within statutory time limit, Choice of format, Litigation – Attorney’s fees
12. DEFENDING RIGHTS & DISSENT v. NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY et al (filed Apr 29, 2022)
    Defending Rights & Dissent submitted FOIA requests to the National Geospatial Intelligence Agency, the FBI, the Department of Justice, and the National Security Agency for records concerning investigations resulting from The Intercept publishing information about U.S. terror watch list in July and August 2014. The agencies acknowledged receipt of the requests. The FBI denied the request because it did not adequately describe searchable records. The NSA denied the request under Exemption 1 (national security). The NGA and the DOJ both told DRD that it was searching for records. After hearing nothing further from the agencies, DRD filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
13. FAMILY HEALTHCARE NETWORK v. CENTERS FOR MEDICARE AND MEDICAID SERVICES (filed Apr 29, 2022)
    Family Healthcare Network submitted FOIA requests to the Centers for Medicare and Medicaid Services for records concerning licensing determination for various rural health clinic. The agency acknowledged receipt of the request. The agency told FHN that it located 494 pages of responsive record as to one application. However, after hearing nothing further from the agency, FHN filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
14. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. FISH & WILDLIFE SERVICE et al (filed Apr 29, 2022)
    The Center for Biological Diversity submitted FOIA requests to U.S. Fish and Wildlife Service and the Department of Agriculture for records concerning communications and correspondence discussing or mentioning revision of the Cottonwood statutory language under Section 7 of the Endangered Species Act. The agency acknowledged receipt of the requests but after hearing nothing further from the agencies, CBD filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
15. FRIENDS OF THE EARTH v. COUNCIL ON ENVIRONMENTAL QUALITY (filed Apr 25, 2022)
    Friends of the Earth submitted a FOIA request to the Council on Environmental Quality for records concerning a report on federal oil and gas leasing program in response to Executive Order 14008. After hearing nothing from the agency, Friends of the Earth filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. US RIGHT TO KNOW v. UNITED STATES DEPARTMENT OF STATE (filed Apr 25, 2022)
    US Right to Know submitted a FOIA request to the Department of State for records concerning the federal government’s investigation of the origins of COVID-19. USRTK also requested a fee waiver. The agency acknowledged receipt of the request and told USRTK that unusual circumstances would prevent it from responding in a timely manner. After hearing nothing further from the agency, USRTK filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. GREENSPAN v. U.S. SECURITIES AND EXCHANGE COMMISSION (filed Apr 26, 2022)
    Aaron Greenspan submitted five FOIA requests to the Securities and Exchange Commission for records concerning the Tesla investigation and a variety of other unrelated topics. The agency acknowledged the receipt of the requests. The agency denied the Tesla request under Exemption 7(A) (interference with ongoing investigation or proceeding). After the agency failed to respond to the other requests, Greenspan filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
18. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. ENVIRONMENTAL PROTECTION AGENCY (filed Apr 28, 2022)
    Professionals Employees for Environmental Responsibility submitted a FOIA request to the EPA for records concerning the development of the Office of Pollution Prevention and Toxics development of the working definition referenced on the EPA’s “Per- and Polyfluroalkyl Substances (PFAS) 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 then told PEER that its request qualified for unusual circumstances. After hearing anything further from the agency, PEER filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
19. Gaines v. Commissioner of Social Security (filed Apr 29, 2022)
    Brent Gaines submitted a FOIA request to the Social Security Administration for records concerning agreements the agency has with employment networks. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gaines filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs