CATO INSTITUTE v. U.S. DEPARTMENT OF HOMELAND SECURITY and 13 other new FOIA lawsuits, plus case descriptions

We have added 109 documents from 13 FOIA cases filed between July 3, 2022 and July 9, 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. CATO INSTITUTE v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jul 5, 2022)
   The Cato Institute submitted a FOIA request to the Department of Homeland Security for records concerning implementation of Presidential Proclamation 9645. The agency acknowledged receipt of the request. The agency told the Cato Institute that it found no responsive records. The Cato Institute asked the agency how it conducted its search. The agency then told the Cato Institute that it could file an administrative appeal. The Cato Institute filed an administrative appeal. After hearing nothing further from the agency, the Cato Institute filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. RUDOMETKIN v. WORMUTH (filed Jul 5, 2022)
   David Rudometkin submitted FOIA requests to the Department of the Army for records concerning himself. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Rudometkin filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. CENTER TO ADVANCE SECURITY IN AMERICA v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jul 5, 2022)
   The Center to Advance Security in America submitted FOIA requests to the Department of Homeland Security for records concerning policies to combat misinformation as well as the January 6 assault on the Capitol. CISA also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CISA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. PROTECT THE PUBLIC'S TRUST v. NATIONAL INSTITUTES OF HEALTH (filed Jul 5, 2022)
   Protect the Public’s Trust submitted a FOIA request to the National Institute of Health for records concerning a study on Visceral Leishmaniasis. PPT also requested a fee waiver. 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
5. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Jul 6, 2022)
   The American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning foals born to wild horses or wild burros in BLM’s Off-Range Corral holding facilities. The agency acknowledged receipt of the request but 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. Hachette Book Group, Inc. et al v. United States Drug Enforcement Administration et al (filed Jul 6, 2022)
   Hachette Book Group submitted FOIA requests to the Drug Enforcement Administration for records concerning four bank accounts maintained on behalf of members of the Medellin cartel in Panama. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Hachette Book Group filed. Hachette Book Group also submitted a FOIA request to the Department of State for records concerning Francisco Baraya, providing a third-party authorization from Baraya. The agency acknowledged receipt of that request. The agency withheld information about Baraya’s visa application under Exemption 3 (other statutes). Hachette Book Group filed an administrative appeal but after hearing nothing further from the agency, Hachette Book Group filed suit against the State Department as well.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Zenith Law Group v. Drug Enforcement Administration (filed Jul 7, 2022)
   The Zenith Law Group submitted a FOIA request to the Drug Enforcement Administration for records concerning practices and procedures pertaining to civil asset forfeitures. After hearing nothing further from the agency, Zenith Law Group filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
8. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Jul 7, 2022)
   The American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning foals born to wild horse or wild burrows in BLM’s Off-Range Corral holding facilities. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AWHC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jul 7, 2022)
   The Heritage Foundation submitted a FOIA request to the Department of Homeland Security for records concerning the agency and Babel Street Products. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request. The agency indicated that its search yielded a potential 2.1 gigs of data and asked the Heritage Foundation to narrow its request. After hearing nothing further fro0m the agency, the Heritage Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. SCHMITZ v. DEPARTMENT OF DEFENSE INSPECTOR GENERAL (filed Jul 7, 2022)
    Joseph Schmitz, who served as the DOD’s Inspector General from 2002 to 2005, submitted a FOIA request to the Department of Defense Office of Inspector General for records concerning a purchase and sales agreement. The agency acknowledged receipt of the request. The redacted information under Exemption 4 (commercial and confidential) and Exemption 6 (invasion of privacy). Schmitz filed an administrative appeal. After hearing nothing further from the agency, Schmitz filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Milliron v. U.S. Department of Defense (filed Jul 7, 2022)
    Ryan Milliron submitted a FOIA request to the Defense Advanced Research Projects Agency for records concerning emails from the account of Angelos Keromytis from various third parties. The agency acknowledged receipt of the request and told Milliron that his request qualified for unusual circumstances. After hearing nothing further from the agency, Milliron filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
12. Greater Hells Canyon Council v. United States Department of Agriculture. et al (filed Jul 7, 2022)
    Greater Hell’s Canyon Council submitted a FOIA request for records from the U.S. Forest Service for records concerning the preparation and completion of the Screens Amendment. The agency acknowledged receipt of the request. The agency responded to the request but withheld a majority of records under Exemption 5 (privileges). The Council filed an administrative appeal of the denial. The Council also added a count concerning the agency’s failure to respond to a previous administrative appeal. After hearing nothing further from the agency, the Council filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Caetano v. Internal Revenue Service et al (filed Jul 8, 2022)
    Nathaniel Caetano, a prisoner, sought access to records from the Internal Revenue Service, a number of other federal agencies, and state agencies. This is not a FOIA case.
    Issues: FOIA not mentioned

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

• MORRISON URENA, L.C. v. UNITED STATES DEPARTMENT OF STATE (filed Jun 29, 2022)