Defenders of Wildlife et al v. United States Forest Service and 21 other new FOIA lawsuits, plus case descriptions

We have added 119 documents from 20 FOIA cases filed between June 5, 2022 and June 11, 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. Defenders of Wildlife et al v. United States Forest Service (filed Jun 8, 2022)
   Defenders of Wildlife and the Southern Environmental Law Center submitted FOIA requests to U.S. Forest Service for records related to the agency’s use of three categorical exclusions finalized in November 2020 and now codified in the Code of Federal Regulations. The agency acknowledged receipt of the request and told DOW that it interpreted the request as referring to records available on the agency’s website. DOW argued that its request was broader, but after hearing nothing further from the agency, DOW and the Southern Environmental Law Center filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. Church of the Eagle and the Condor et al v. Garland et al (filed Jun 9, 2022)
   The Church of the Eagle and the Condor submitted FOIA requests to the DEA and U.S. Customs and Border Protection for records concerning the seizure of ayahuasca, a controlled substance used by the Church as part of religious ceremonies. The Church also requested a fee waiver. The CBP acknowledged receipt of the request and released a heavily redacted copy of its Seized Asset Management and Enforcement Procedure Handbook. The Church filed an administrative appeal, challenging the denial of its fee waiver request and the redactions. The agency disclosed some portions of the handbook that had been previously redacted. The DEA acknowledged receipt of the Church’s request, but failed to acknowledge receipt of a second request from the Church. After hearing nothing further from either agency, the Church filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Voice of San Diego et al v. Naval Criminal Investigative Service et al (filed Jun 8, 2022)
   Voice of San Diego reporter Will Huntsberry submitted a FOIA request to the Naval Criminal Investigative Service for records concerning the agency’s investigation of the deaths of 20 named individuals between 2020 and 2021. Huntsberry also requested inclusion in the media fee category. The agency acknowledged receipt of the request. The agency indicated that 14 investigations had been completed and could be disclosed. Huntsberry asked NCIS to provide the records. After hearing nothing further from the agency, Huntsberry filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. GHASSAN v. U.S. DEPARTMENT OF JUSTICE (filed Jun 7, 2022)
   Dr. Omar Ghassan submitted a FOIA request to the Department of Justice for records concerning the agency’s use of assassinations. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Ghassan.
   Issues: Failure to respond within statutory time limit
5. GUN OWNERS OF AMERICA, INC. et al v. DEPARTMENT OF HOMELAND SECURITY (filed Jun 7, 2022)
   Gun Owners of America submitted a FOIA request for records concerning the creation of the Disinformation Governance Board. After hearing nothing further from the agency, Gun Owners of America filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION (filed Jun 8, 2022)
   The Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning communications sent to or from three named FERC officials and four named White House officials over an eight-month period. The agency acknowledged receipt of the request but 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. TOORKEY v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES (filed Jun 7, 2022)
   Tehmton Nariman Toorkey submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning himself. The agency acknowledged receipt of the request. The agency disclosed records but redacted some records under Exemption 6 (invasion of privacy). Toorkey filed an administrative appeal. Toorkey then filed a complaint with the Office of Government Information Services. OGIS said it could not open a case on his complaint. After hearing nothing further from the agency, Toorkey filed suit.
   Issues: Exemption 6 – Invasion of privacy
8. CENTER TO ADVANCE SECURITY IN AMERICA v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al (filed Jun 9, 2022)
   The Center to Advance Security in America submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the agency’s 2021 annual report. CASA also requested a fee waiver. The agency acknowledged receipt of the request and took a 10-day extension. After hearing further from the agency, CASA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. AMERICAN CENTER FOR LAW AND JUSTICE v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jun 9, 2022)
   The American Center for Law and Justice submitted a FOIA request to the Department of Homeland Security for records concerning the establishment of the Disinformation Governance Board. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ACLJ filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. ATLANTIC MONTHLY GROUP LLC et al v. U.S. DEPARTMENT OF JUSTICE (filed Jun 10, 2022)
    Atlantic Monthly reporter Caitlin Dickerson submitted a FOIA request to the Department of Justice for records concerning duty log entries from the El Paso office of the Western District of Texas from July 2017 to July 2018. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Atlantic Monthly filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
11. Defending the Republic v. Food and Drug Administration (filed Jun 7, 2022)
    Defending the Republic submitted a FOIA request to the FDA for records concerning the approval of the Moderna vaccine Spikevax. Defend the Republic also requested expedited processing. The FDA acknowledged receipt of the request. The agency denied Defending the Republic’s request for expedited processing. After hearing nothing further from the agency, Defending the Republic filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. SPARACINO PLLC v. UNITED STATES CENTRAL COMMAND J6-RDF (FOIA) (filed Jun 6, 2022)
    The law firm of Sparacino, which represents military servicemembers and their families who were killed or injured because of Iranian support for terrorism in Iraq, submitted a FOIA request to U.S. Central Command concerning records of 298 servicemembers, who were injured or killed by terrorists in Iraq. The agency acknowledged receipt off the request and asked Sparacino to modify its request. Sparacino did so, but after hearing nothing further from the agency, Sparacino filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
13. Bouvier v. Federal Bureau of Investigations et al (filed Jun 6, 2022)
    Angelique Bouvier filed suit against the FBI and a number of state and local governments for records concerning perceived wrongs committed on her by government. This is not a FOIA case.
    Issues: FOIA not mentioned
14. American Small Business League v. United States Small Business Administration (filed Jun 7, 2022)
    The American Small Business League submitted a FOIA request for records concerning prime contracts awarded by the agency in FY 2017. The agency acknowledged receipt of the request and indicated it would begin to process the request. After hearing nothing further from the agency, ASBL filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. KAPLAN v. NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY (filed Jun 7, 2022)
    Journalist Jonathan Kaplan submitted two FOIA requests to the National Geospatial Intelligence Agency for records concerning the reprisal report filed with the NGA’s Office of Inspector General as part of the investigation of Kaplan’s whistleblowing activities. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Kaplan filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
16. FUNCTIONAL GOVERNMENT INITIATIVE v. UNITED STATES FEDERAL TRADE COMMISSION (filed Jun 7, 2022)
    Functional Government Initiative submitted a FOIA request to the Federal Trade Commission for records concerning the agency’s investigation of anti-consumer behavior by oil and gas companies in response to a memo from President Biden. The agency acknowledged receipt of the request. The agency located 116 responsive pages but withheld them entirely under Exemption 5 (privileges). FGI filed an administrative appeal of the denial. The agency agreed that it had not performed an adequate search and remanded the request for further processing. After hearing nothing further from the agency, FGI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
17. The New York Times Company v. United States Department of Energy (filed Jun 7, 2022)
    The New York Times submitted a FOIA request to the Department of Energy for records concerning the fuel costs paid for waste coal by four named power plants, a cost element that affects investment owned by Sen. Joe Manion (D-WV). The Times also requested expedited processing. The agency acknowledged receipt of the request and denied the Times’ request for expedited processing. After hearing nothing further from the agency, the New York Times filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
18. Voice of San Diego et al v. Veterans Health Administration et al (filed Jun 8, 2022)
    Will Huntsberry, a reporter with the Voice of San Diego, submitted a FOIA request to the Veterans Health Administration for records concerning audits or reports on Volunteers of America Southwest. Huntsberry also requested inclusion in the media fee category. The agency acknowledged receipt of the request. The agency disclosed two documents with redactions under Exemption 6 (invasion of privacy). Huntsberry filed an administrative appeal. After hearing nothing further from the agency, the Voice of San Diego filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
19. FUNCTIONAL GOVERNMENT INITIATIVE v. UNITED STATES INTERNAL REVENUE SERVICE (filed Jun 8, 2022)
    Functional Government Initiative submitted a FOIA request to the IRS for records concerning the leak of data to ProPublica. FGI also requested a fee waiver. The agency acknowledged receipt of the request. The agency told FGI that its request was too broad to search and closed the request. FGI sent the IRS a letter arguing that its request was not too broad to search. After hearing nothing further from the agency, FGI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
20. Griego et al v. United States Forest Service (filed Jun 8, 2022)
    Patrick Greigo and a number of other requesters submitted FOIA requests to the U.S. Forest Service for records concerning plans and modifications to plans authorizing the described burn that led to the Hermit’s Peak Fire of April 6, 2022. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Greigo and the other requesters filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 4 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• Webb v. Office of Management & Budget (OMB) et al (filed Jun 3, 2022)
• MARTIN v. GARLAND et al (filed May 31, 2022)