Colorado Wild Public Lands v. U.S. Department of the Interior et al and 25 other new FOIA lawsuits
We have added 172 documents from 25 FOIA cases filed between July 10, 2022 and July 16, 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.
- Colorado Wild Public Lands v. U.S. Department of the Interior et al (filed Jul 13, 2022)
Colorado Wild Public Lands submitted a FOIA request for records concerning the Blue Ranch Land Exchange and the associated EIS process being undertaken by the Bureau of Land Management. The agency acknowledged of the request. The agency disclosed 609 pages in full but withheld 91 pages under Exemption 5 (privileges). COWPL filed an administrative appeal. After hearing nothing further from the agency COWPL filed suit.
Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index - Amy Terra v. United States Department of Education (filed Jul 11, 2022)
Amy Terra submitted a FOIA request to the Department of Education for records concerning herself and the borrower defense discharge she received. The agency acknowledged receipt of the request. The agency disclosed 11 pages of records. Terra filed an administrative appeal. After hearing nothing further from the agency, Terra filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - terra (filed Jul 11, 2022)
- CHINESE AMERICAN LEGAL DEFENSE ALLIANCE v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Jul 11, 2022)
The Chinese American Legal Defense Alliance submitted a FOIA request to the Department of Justice for records concerning the implementation of the China Initiative involving prosecution of anti-Asian crimes. The agency acknowledged receipt of the request and told CALDA that its request qualified for the complex track for processing. After hearing nothing further from the agency CALDA filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - DANTZLER v. THE UNITED STATES DEPARTMENT OF JUSTICE OFFICE et al (filed Jul 11, 2022)
- TAYLOR v. USPTO et al (filed Jul 11, 2022)
Ezekiel Taylor submitted a FOIA request to U.S. Patent and Trademark Office for records concerning the patenting of an invention. The agency failed to acknowledge the requests and Taylor filed suit.
Issues: Failure to respond within statutory time limit - Zyzda-Martin, Leslie v. Office of Information and Privacy (filed Jul 11, 2022)
Col. Leslie Zyzda-Martin submitted a FOIA request to the U.S. National Guard Bureau for records concerning her employment by the National Guard. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Zyzda-Martin filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - American Civil Liberties Union Foundation of Southern California v. United States Immigration and Customs Enforcement et al (filed Jul 12, 2022)
The ACLU of Southern California submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the treatment of hospitalized detainees and detainees released from custody prior to their death. The ACLU of Southern California also requested expediting processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted the ACLU’s request for a fee waive but denied its request for expedited processing. After hearing nothing further from the agency, the ACLU of Southern California filed suit.
Issues: Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees - PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF JUSTICE (filed Jul 12, 2022)
Protect the Public’s Trust submitted a FOIA request to the Department of Justice for records concerning the ethics obligations of political appointees of the Biden administration. After hearing nothing from the agency for a year, PPT contacted the Justice Department. The agency told PPT that it had not received the original request. PPT resubmitted the request. 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, Adequacy – Search, Litigation – Attorney’s fees - AMERICANS FOR PROSPERITY FOUNDATION v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jul 12, 2022)
Americans for Prosperity Foundation submitted a FOIA request to the Department of Homeland Security for records concerning the formation of the Disinformation Governance Board. APF also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency APF filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - CITIZENS UNITED v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jul 12, 2022)
Citizens United submitted a FOIA for records concerning emails sent to or from several officials concerning the creation of the Disinformation Governance Board. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Citizens United filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - CASE NUMBER NOT USED (filed Jul 12, 2022)
- AMERICAN TRANSPARENCY v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jul 12, 2022)
American Transparency submitted a FOIA request to the National Institute of Health for records concerning the employment of Christine Grady, chief of NIH’s Bioethics Department. The agency acknowledged receipt of the request but after hearing nothing further from the agency, American Transparency filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - New York Legal Assistance Group, Inc. v. United States Department of Homeland Security et al (filed Jul 12, 2022)
New York Legal Assistance Group submitted FOIA requests to the Department of Homeland Security for records concerning the involvement of agency components in protests that occurred in New York City between May 25, 2020 and September 29, 2020. The agency acknowledged receipt of the request but after hearing nothing further, NYLAG filed an administrative appeal. Having heard nothing further pertaining to its appeal, NYLAG filed suit.
Issues: Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees - Wright v. National Guard Bureau (filed Jul 12, 2022)
Makela Wright submitted a FOIA request to the National Guard Bureau of records concerning the Jade Helm 15 exercise conducted in Texas. The agency acknowledged receipt of the request. The agency told Wright that it was working of the request but could not provide an estimated completion date. After hearing nothing further from the agency, Wright filed suit.
Issues: Failure to respond within statutory time limit - WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jul 13, 2022)
White Coat Waste Project submitted a FOIA request to the National Institute of Health for records concerning the agency’s use of dogs in experiments. The agency acknowledged receipt of the request but after hearing nothing further from the agency, WCWP filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - CATO INSTITUTE v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Jul 13, 2022)
The Cato Institute submitted a FOIA request to the National Archives and Records Administration for records concerning the Department of Defense ‘s Counterintelligence Field Activity and/or the Threat and Local Observation Notice report program. The agency acknowledged receipt of the request and told the Cato Institute that because its request required the review of voluminous classified records it would take 12 years to process. After hearing nothing further from the agency, the Cato Institute filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - FUNCTIONAL GOVERNMENT INITIATIVE v. UNITED STATES CONSUMER FINANCIAL PROTECTION BUREAU (filed Jul 14, 2022)
Functional Government Initiative submitted a FOIA request to the Consumer Financial Protection Agency for records concerning discussions concerning bank mergers. The agency acknowledged receipt of the request. The agency indicated that it had processed responsive records but 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 - CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA v. FEDERAL TRADE COMMISSION (filed Jul 14, 2022)
The Chamber of Commerce of the United States submitted four FOIA requests to the Federal Trade Commission for records concerning the improper votes cast by Rohit Chopra after he left his position as a commissioner at the FTC to take over the Consumer Protection Financial Bureau. The agency acknowledged receipt of the requests but hearing nothing further from the agency, the Chamber of Commerce filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Jul 14, 2022)
American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning GonaCon, a restricted use chemical by only government authorities or the agents to prevent wild horse reproduction. 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 - WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jul 14, 2022)
White Coat Waste Project submitted a FOIA request to the National Institute of Health for records concerning procurement and shipping records for dogs obtained under contract by the NIH. The agency acknowledged receipt of the request. The agency told WCWP that it would redact identifying information of NIH employees. WCWP agreed. However, after hearing nothing further from the agency, WCWP filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - GIBBS v. DEPARTMENT OF THE ARMY (filed Jul 14, 2022)
Sgt Calvin Gibbs submitted a FOIA request to the Department of Army for records concerning the audio tape of the Army Clemency and Parole Board for himself. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gibbs filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - CLEAN AIR COUNCIL v. U.S. DEPARTMENT OF THE INTERIOR et al (filed Jul 14, 2022)
The Clean Air Council submitted a FOIA request to the Department of Interior for records concerning the engineering report prepared by Philadelphia Gas Works related to a project PGW was working on with the National Park Service. The agency acknowledged receipt of the request and indicated that it was processing the request. CAC filed an administrative appeal. After hearing nothing further from the agency, CAC filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - CENTER FOR IMMIGRATION STUDIES v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES (filed Jul 15, 2022)
The Center for Immigration Studies submitted a FOIA request for records concerning the announcement that agency was reverting to its 2008-2009 civics test. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CIS filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Gale Construction Company v. United States Army Corps of Engineers, Jacksonville District (filed Jul 15, 2022)
Gale Construction Company submitted a FOIA request to the U.S. Army Corps of Engineers for records concerning the contract awarded to Treviicos South, Inc. for work on the Herbert Hoover Dike Cutoff Wall construction, for which Gale was a subcontractor. Gale submitted three pared down requests. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Gale Construction filed suit.
Issues: Failure to respond within statutory time limit, Fees
In addition, we have added 2 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.
- Augustine-Adams v. United States Department of Health and Human Services (filed Jul 7, 2022)
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