ENERGY POLICY ADVOCATES v. SECURITIES AND EXCHANGE COMMISSION and 7 other new FOIA lawsuits, plus case descriptions

We have added 64 documents from 8 FOIA cases filed between May 8, 2022 and May 14, 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. ENERGY POLICY ADVOCATES v. SECURITIES AND EXCHANGE COMMISSION (filed May 12, 2022)
   Energy Policy Advocates submitted two FOIA requests to the Securities and Exchange Commission for records concerning correspondence between four agency officials and the White House over a seven-month period. The other request was for calendar appointments for two officials. EPA also requested inclusion in the new media fee category. The agency acknowledged receipt of the requests and granted EPA’s request for news media status. After hearing nothing more from the agency, EPA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
2. AMERICA FIRST LEGAL FOUNDATION v. DEPARTMENT OF DEFENSE (filed May 9, 2022)
   The America First Legal Foundation submitted a FOIA request to the Department of Defense for records concerning the agency’s involvement in monitoring the social media accounts of uniformed servicemembers, contractors, and civilian employees. The agency acknowledged receipt of the request and told AFL that its request was too broad to search. AFL agreed to focus on five search terms that could be used for its list of custodians. The agency told AFL that three of its search terms were still too broad. After hearing nothing further from the agency, AFL filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. JOSH HAWLEY FOR SENATE v. FEDERAL ELECTION COMMISSION (filed May 10, 2022)
   Josh Hawley for Senate submitted a FOIA request to the Federal Election Commission for records concerning the agency’s votes on the administrative complaints and the controlling statement of reasons in Giffords v. NRA. The agency acknowledged receipt of the request. The agency withheld some documents under Exemption 5 (privileges). Josh Hawley for Senate filed an administrative appeal. The agency told Josh Hawley for Senate that it could not decide whether to affirm or deny its appeal. After hearing nothing further from the agency, John Hawley for Senate, filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. DELLA ROCCA et al v. UNITED STATES POSTAL SERVICE (filed May 10, 2022)
   Brian Della Rocca, Lawrence Doyle, and John Moynihan submitted a FOIA request to the U.S. Postal Service for records concerning barcode scan records for specific docking bats/trailers between October 1, 2020 and November 15, 2020. The agency acknowledged receipt of the request. Della Rocca clarified the meaning of his request. After hearing nothing further from the agency, Della Rocca, Doyle, and Moynihan filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. AL OTRO LADO v. U.S. CUSTOMS AND BORDER PROTECTION (filed May 11, 2022)
   Al Otro Lado, a non-partisan organization located primarily in Los Angeles providing legal services for indigents and migrants, submitted two FOIA requests to U.S. Customs and Border Protection for records concerning the agency’s use of the CBP One Mobile Application. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Al Otro Lado filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. PROTECT THE PUBLIC'S TRUST v. FEDERAL ENERGY REGULATORY COMMISSION (filed May 12, 2022)
   Protect the Public’s Trust submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning waivers and impartiality determinations for 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
7. INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION (filed May 13, 2022)
   The Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning correspondence of six senior agency officials to or from a White House email domain over the course of seven months. The agency acknowledged receipt of the request. After hearing nothing further from the agency, the Institute for Energy Research filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
8. SHAW v. DEPARTMENT OF DEFENSE (filed May 13, 2022)
   Steven Shaw submitted a FOIA request to the Defense Department for records concerning his whistleblower investigation. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Shaw filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees