CHINESE AMERICAN LEGAL DEFENSE ALLIANCE v. UNITED STATES DEPARTMENT OF ENERGY and 11 other new FOIA lawsuits

We have added 93 documents from 10 FOIA cases filed between May 29, 2022 and June 4, 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. CHINESE AMERICAN LEGAL DEFENSE ALLIANCE v. UNITED STATES DEPARTMENT OF ENERGY (filed May 30, 2022)
   The Chinese American Legal Defense Alliance submitted a FOIA request to the Department of Energy for records concerning the Chinese Initiative. The agency acknowledged receipt of the request. CALDA narrowed its request to emails to and from DOE from the Department of Justice and the FBI. After hearing nothing further from the agency, CALDA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. National Public Radio, Inc. et al v. Federal Bureau of Investigation et al (filed Jun 1, 2022)
   NPR reporter Eric Westervelt submitted FOIA requests to the FBI for records concerning operations conducted between 9 am May 30, 2020, and 11 am June 1, 2020 around Lafayette Square in Washington, DC. Westervelt also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied the request entirely under Exemption 7(A) (ongoing investigation or proceeding). Westervelt filed an administrative appeal to the Office of Information Policy, which upheld the FBI’s denial. Westervelt then submitted the same request to the District of Columbia National Guard. The National Guard acknowledged receipt but did nothing further. Westervelt also submitted the FOIA request to the U.S. Park Police. The Park Police identified that it had released records on the Lafayette Square operation but not directly responsive to Westervelt’s specific time frame request. Westervelt filed an administrative appeal to the Park Police. After hearing nothing further from the agencies, Westervelt filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
3. FRIENDS OF THE EARTH et al v. U.S. DEPARTMENT OF STATE (filed May 31, 2022)
   Friends of the Earth submitted a FOIA request to the Department of State for records concerning the official actions of State Department Senior Energy Advisor Amos Hochstein in his official capacity. FOE also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, FOE filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees
4. SCHAERR v. UNITED STATES DEPARTMENT OF JUSTICE (filed May 31, 2022)
   Gene Schaerr, general counsel for the Project on Privacy and Surveillance Accountability, submitted a FOIA request to the FBI for records concerning claims of Russian interference with the 2016 election that were provided to Congress by the FBI. The agency acknowledged receipt of the request. The agency closed two requests for personally identifying information. The FBI also directed Schaerr to some records posted on its website. Schaerr submitted the same request to DOJ’s National Security Division. NSD also acknowledged receipt of the request. After hearing nothing further from the agency, Schaerr filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
5. AMERICAN OVERSIGHT v. U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed May 31, 2022)
   American Oversight submitted three FOIA requests to the National Archives and Records Administration for records concerning communications between NARA officials and the Trump White House, including the transfer of records found at Mar-a-Lago to NARA. The agency acknowledged receipt of the requests. The agency responded that each request fell into the unusual circumstances category and would take further time to process. After hearing nothing further from the agency, American Oversight filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION (filed Jun 2, 2022)
   The Institute for Energy Research submitted FOIA requests to the Federal Energy Regulatory Commission for records concerning email communications of four FERC officials to or from three outside email domains belonging to two activist groups over the course of seven months. IER also asked for a fee waiver. The agency acknowledged the receipts and consolidated them into a single request. After hearing nothing further from the agency, IER filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
7. INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION (filed Jun 2, 2022)
   The Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning FOIA requests received by FERC over a two-week period and the agency’s replies or responses to those requests. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, IER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Public Interest Fee Waiver
8. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF TRANSPORTATION (filed Jun 2, 2022)
   Protect the Public’s Trust submitted a FOIA request to the Department of Transportation for records concerning the delegation of authority from the Secretary of Transportation to other officials in the department. PPT also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, PPT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. National Public Radio, Inc. et al v. Federal Bureau of Investigation et al (filed Jun 1, 2022)
   NPR reporter Eric Westervelt submitted FOIA requests to the FBI for records concerning operations conducted between 9 am May 30, 2020, and 11 am June 1, 2020 around Lafayette Square in Washington, DC. Westervelt also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied the request entirely under Exemption 7(A) (ongoing investigation or proceeding). Westervelt filed an administrative appeal to the Office of Information Policy, which upheld the FBI’s denial. Westervelt then submitted the same request to the District of Columbia National Guard. The National Guard acknowledged receipt but did nothing further. Westervelt also submitted the FOIA request to the U.S. Park Police. The Park Police identified that it had released records on the Lafayette Square operation but not directly responsive to Westervelt’s specific time frame request. Westervelt filed an administrative appeal to the Park Police. After hearing nothing further from the agencies, Westervelt filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Roark v Social Security Administration, The (filed May 31, 2022)
    Lance Roark submitted a FOIA request to the Social Security Administration for records. After hearing nothing from the agency, Roark filed suit.
    Issues: Failure to respond within statutory time limit

In addition, we have added 7 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• WILLIAMS v. U.S. DEPARTMENT OF COMMERCE et al (filed May 27, 2022)
• CASE NUMBER NOT USED (filed May 23, 2022)