YAHOO INC. et al v. CENTRAL INTELLIGENCE AGENCY and 13 other new FOIA lawsuits, plus case descriptions

We have added 76 documents from 13 FOIA cases filed between May 22, 2022 and May 28, 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. YAHOO INC. et al v. CENTRAL INTELLIGENCE AGENCY (filed May 25, 2022)
   Yahoo reporter Michael Isikoff submitted a FOIA request to the CIA. The agency denied Isikoff’s FOIA request. Isikoff filed an administrative appeal. After hearing nothing further from the agency, Isikoff filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. James V. Lacy et al v. United States Department of State (filed May 26, 2022)
   James Lacey and the United States Justice Foundation submitted three FOIA requests to the Department of State for records concerning communications pertaining to Hunter Biden. The agency acknowledged receipt of the requests. The agency assigned all three requests to the complex track. After hearing nothing further from the agency, Lacey and the United States Justice Foundation filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Expedited processing, Failure to respond within statutory time limit
3. CENTER TO ADVANCE SECURITY IN AMERICA v. U.S. DEPARTMENT OF STATE (filed May 23, 2022)
   The Center to Advance Security in America submitted three FOIA requests to the Department of State for records concerning a July 2021 memo suggesting that the Afghan government would collapse shortly after U.S. troops pulled out of Afghanistan. CASA requested a fee waiver for each request. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, CASA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION (filed May 25, 2022)
   The Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning email sent to or from four senior FERC officials from two White House email domains over the course of a seven-month period. IER also requested a fee waiver. diThe agency acknowledged receipt of the request and took a 10-day extension in which to respond to the 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
5. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed May 25, 2022)
   The American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records that discuss or describe Monitoring Plans in force for the period of September 1, 2019 through September 28, 2021 in Wyoming. AWHC also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, AWHC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. NATIONAL STUDENT LEGAL DEFENSE NETWORK v. U.S. DEPARTMENT OF EDUCATION (filed May 25, 2022)
   The National Student Legal Defense Network submitted three FOIA requests to the Department of Education for records concerning the number of borrower defense claims covering a specific period. NSLDN also requested a fee waiver for each request. The agency acknowledged receipt of the requests and granted NSLDN’s requests for fee waivers. After hearing nothing further from the agency pertaining to any of the requests, NSLDN filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. AMERICAN WILD HORSE CAMPAIGN v. UNITED STATES FOREST SERVICE (filed May 25, 2022)
   The American Wild Horse Campaign submitted a FOIA request to U.S. Forest Service for records concerning government bills of lading of wild horse shipped out of the Double Devil’s Wild Horse Corrals in Alturas, California from December 2020 to the present. The agency acknowledged receipt of the request. The agency disclosed 75 pages of records in full and 342 pages with redactions. AWHC filed an administrative appeal. After hearing nothing further from the agency, AWHC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed May 26, 2022)
   Protect the Public’s Trust submitted a FOIA request to the Department of Homeland Security for records concerning waivers or impartiality determinations allows senior officials to ethics policies. 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
9. ENERGY POLICY ADVOCATES v. SECURITIES AND EXCHANGE COMMISSION (filed May 27, 2022)
   Energy Policy Advocates submitted two FOIA requests to the Securities and Exchange Commission for records concerning communications sent to or from four SEC officials that were also sent to four White House officials. EPA also requested a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, EPA filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
10. EARTHRIGHTS INTERNATIONAL v. U.S. DEPARTMENT OF TREASURY (filed May 27, 2022)
    Earthrights International submitted a FOIA request to the Department of Treasury for 2017 records discussing participation in and/or implementation of the extractive industries transparency initiative. Earthrights also requested a fee waiver. The agency acknowledged receipt of the request but decided that any existing responsive records would be at the Department of Defense. Earthrights filed an administrative appeal. After hearing nothing further from the agency, Earthrights filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. EARTHRIGHTS INTERNATIONAL v. U.S. DEPARTMENT OF THE INTERIOR (filed May 27, 2022)
    Earthrights International submitted a FOIA request to the Department of Interior for 2017 records discussing participation or implementation of the extractive industries transparency initiative. Earthrights also requested a fee waiver. The agency acknowledged receipt of the request. The agency located the response to an earlier FOIA request that seemed to address the same issue and asked Earthrights if would accept that response. Earthrights indicated that would but after hearing nothing further from the agency Earthrights filed suit.
    Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
12. Maritime Legal Aid & Advocacy, Ltd. v. U.S. Maritime Administration (filed May 25, 2022)
    The Maritime Legal Aid and Advocacy, Ltd. submitted a FOIA request to the U.S. Maritime Administration for records concerning sexual abuse on merchant ships. MLAA also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, MLAA filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
13. Koch et al v. Federal Bureau Of Investigation (filed May 28, 2022)
    William Koch, who collects rare wines, and Bradley Goldstein, who writes about wines, submitted two FOIA requests to the FBI for records concerning the deceased wine counterfeiter Meinhard Gorke. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Koch and Goldstein filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 1 document from 1 case, with an earlier filing date, that has recently appeared on PACER.

• Lovelace v. U.S. Department of Justice (filed May 16, 2022)