CENTER FOR IMMIGRATION STUDIES v. U.S. DEPARTMENT OF HOMELAND SECURITY et al and 15 other new FOIA lawsuits
We have added 114 documents from 16 FOIA cases filed between July 17, 2022 and July 23, 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.
- CENTER FOR IMMIGRATION STUDIES v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Jul 18, 2022)
The Center for Immigration Studies submitted a FOIA request to the Department of Homeland Security for records concerning the announcement of a new Temporary Protected Status Designation for Haiti. The agency acknowledged receipt of the agency but after hearing nothing further from the agency, CIS filed suit.
Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jul 17, 2022)
Judicial Watch submitted three FOIA requests to the U.S. Secret Service for records concerning the use of security and/or other services for Hunter Biden and any travel companions on international travel. The agency acknowledged receipt of the requests and indicated that it had completed searching for one request but after hearing nothing further from the agency, Judicial Watch filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jul 18, 2022)
Judicial Watch submitted a FOIA request to the National Institute of Health for records concerning communications with Bioethics Director Christine Grady pertaining to SARS and COVID vaccines. The agency acknowledged receipt of the request and asked Judicial Watch if it would limit the request to a similar request from a third party. Judicial Watch declined to do so. After hearing nothing further from the agency, Judicial Watch filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - NATIONAL PUBLIC RADIO, INC. et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jul 18, 2022)
Jingnan Hao, an associate producer at National Public Radio, submitted a FOIA request to the Department of Health and Human Services for records concerning the allocation of vaccines and the delivery and administration of vaccine doses. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NPR filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Bloomberg L.P. et al v. United States Postal Service (filed Jul 18, 2022)
Bloomberg, L.P. and Dow Jones submitted a request to the U.S. Postal Service for records concerning change-of-address requests submitted between January and June 2021. The agency acknowledged receipt of the requests and denied them under Exemption 3 (other statutes). Bloomberg and Dow Jones filed administrative appeals. After hearing nothing further from the agency, Bloomberg and Dow Jones filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION (filed Jul 19, 2022)
The Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning calendar entries for four senior agency officials. IER also requested a fee waiver. The agency acknowledged receipt of the request. The agency disclosed heavily redacted calendar entries, primarily under Exemption 5 (privileges). IER filed an administrative appeal. After hearing nothing further from the agency, IER filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - BADER FAMILY FOUNDATION v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Jul 19, 2022)
The Bader Family Foundation submitted a FOIA request to the FDA and the Department of Health and Human Services for records concerning communications from February 2022 to the present concerning guidance on gender-affirming care for young people. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Bader Family Foundation filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF ENERGY (filed Jul 20, 2022)
The Center for Biological Diversity submitted a FOIA request to the Department of Energy for records concerning the implementation of the North American Energy Resilience Model. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CBD filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (filed Jul 20, 2022)
The Project for Privacy and Surveillance Accountability submitted a FOIA request to the Office of the Director of National Intelligence for records concerning ONDI’s promise to inform the intelligence of its purchase and use of private data. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PPSA filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - ALASKA FOREST ASSOCIATION v. U.S. FOREST SERVICE et al (filed Jul 20, 2022)
Alaska Forest Association submitted a FOIA request to the U.S. Forest Service for records concerning the Southeast Alaska Sustainability Strategy launched by the Forest Service in mid-2021. The agency acknowledged receipt of the request. After hearing nothing further from the agency, AFA filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - TOBIAS v. U.S. DEPARTMENT OF COMMERCE (filed Jul 20, 2022)
Journalist Jimmy Tobias submitted seven FOIA requests to the Department of Commerce for records including communications between Deputy Secretary Don Graves and the American Clean Power Association and/or the Solar Energy Industries Association. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, Tobias filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - KINSELLA v. BUREAU OF OCEAN ENERGY MANAGEMENT et al (filed Jul 20, 2022)
Simon Kinsella filed suit against the Bureau of Ocean Energy Management over the building of an off-shore wind facility. This is not a FOIA request.
Issues: FOIA not mentioned - Barrack v. United States Department of Justice (filed Jul 21, 2022)
Thomas Barrack submitted a FOIA request to the Department of Justice’s National Security Division for records concerning the registration with the Justice Department of individuals acting as foreign agents under the Foreign Agents Registration Act. The agency acknowledged receipt of the request and eventually responded by invoking a Glomar response neither confirming nor denying the existence of records, citing Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Barrack filed an administrative appeal to the Office of Information Policy. The agency upheld its Glomar response and Barrack filed suit.
Issues: Adequacy – Search, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Jul 21, 2022)
Judicial Watch submitted two FOIA requests to the Department of State for records concerning emails regarding the termination of the Contingency and Crisis Response Bureau and/or the Bureau of Medical Services’ Directorate of Operations. The agency acknowledged receipt of the requests but after hearing further from the agency, Judicial Watch filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - CATO INSTITUTE v. FEDERAL BUREAU OF INVESTIGATION et al (filed Jul 21, 2022)
The Cato Institute submitted a FOIA request to the FBI for records concerning 13 identified institutions. The agency acknowledged receipt of the request. The FBI divided the Cato Institute’s request into 13 separate requests. However, the Cato Institute only pursued its request on the Patriot Front. The FBI processed records it had already disclosed on Patriot Front and promised to make other records available online. After hearing nothing further from the agency, the Cato Institute filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Jul 23, 2022)
Judicial Watch submitted a FOIA request to the Department of Defense for records concerning PowerPoint presentations used for training and/or classroom instruction discussing critical race theory. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
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