Sierra Club et al v. DeJoy and 17 other new FOIA lawsuits, plus case descriptions
We have added 170 documents from 18 FOIA cases filed between July 24, 2022 and July 30, 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.
- Sierra Club et al v. DeJoy (filed Jul 28, 2022)
The Sierra Club and Elders Climate Action submitted a FOIA request to the U.S. Postal Service for records concerning a contract between USPS and Oshkosh Defense for the production of 50,000 to 165,000 mail delivery vehicles, of which only 10 percent of vehicles were required to electric. The agency acknowledged receipt of the request. The agency withheld some records under Exemption 3 (other statutes), Exemption 4 (commercial and confidential), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). The Sierra Club and ECA filed an administrative appeal. USPS responded by indicating it would withhold Oshkosh’s entire 200-page proposal under Exemption 4. The Sierra Club and ECA filed a second administrative appeal. However, after hearing nothing further from the agency, the Sierra Club and ECA filed suit.
Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit - US Right to Know v. United States Department of Health and Human Services (filed Jul 27, 2022)
U.S. Right to Know submitted two FOIA requests to the Department of Health and Human Services for records concerning the origins of COVID-19. USRTK also requested fee waivers. The agency acknowledged receipt of the requests. USRTK narrowed the scope of the first request. However, after hearing nothing further from the agency concerning either request, USTRK filed suit.
Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees - US Right to Know v. United States Department of State (filed Jul 28, 2022)
U.S. Right to Know submitted two FOIA requests to the Department of State. The first request asked for records concerning the agency’s report entitled “Face Sheet: Activity at the Wuhan Institute of Virology” and a press statement titled “Ensuring a transparent, thorough investigation of COVID-19’s origins. The second request asked for records concerning a list of keywords related to group of agency employees. USRTK also requested a fee waiver for both requests. The agency acknowledged receipt of the requests. After hearing nothing further from the agency as to either request, USRTK filed suit.
Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees - CENTER FOR FOOD SAFETY v. UNITED STATES ARMY CORPS OF ENGINEERS (filed Jul 25, 2022)
The Center for Food Safety submitted a FOIA request to the U.S. Army Corps of Engineers for records concerning the agency’s decision to issue Nationwide Permit 56, previously referred to as Nationwide Permit B. The agency acknowledged receipt of the request and told CFS that although it had received responsive documents for processing it could not provide an estimated date of completion for the request. After hearing nothing further from the agency, CFS filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - AMERICAN ACCOUNTABILITY FOUNDATION v. U.S. DEPARTMENT OF DEFENSE (filed Jul 25, 2022)
The American Accountability Foundation submitted three FOIA requests to the Department of Defense for records concerning the implementation of EO 14019, which requires agencies to take steps to facilitate voter registration. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of its requests, AAF filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - AMERICAN ACCOUNTABILITY FOUNDATION v. U.S. DEPARTMENT OF EDUCATION (filed Jul 25, 2022)
The American Accountability Foundation submitted five FOIA requests to the Department of Education for records concerning the implementation of EO 14019, which requires agencies to help facilitate voter registration. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, AAF filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - AMERICAN ACCOUNTABILITY FOUNDATION v. U.S. DEPARTMENT OF LABOR (filed Jul 25, 2022)
The American Accountability Foundation submitted two FOIA requests to the Department of Labor for records concerning the implementation of EO 14019, which requires agencies to help facilitate voter registration. AAF requested correspondence and calendar entries for Taylor Barnes, a DOL official. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, AAF filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - NEW CIVIL LIBERTIES ALLIANCE v. DEPARTMENT OF HEALTH & HUMAN SERVICES (filed Jul 25, 2022)
The New Civil Liberties Alliance submitted a FOIA request to the Department od Health and Human Services for records concerning communications of 16 HHS employees pertaining to an RFI issued by the Surgeon General pertaining to sources of misinformation related to COVID-19. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NCLA filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - TOBIAS v. U.S. DEPARTMENT OF INTERIOR et al (filed Jul 26, 2022)
Journalist Jimmy Tobias submitted eight FOIA requests to the Department of Interior for records concerning correspondence between DOI officials and specific energy companies. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Tobias field suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - FUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF THE TREASURY (filed Jul 27, 2022)
Functional Government Initiative submitted a FOIA request to the Department of Treasury for records concerning correspondence and communications of 21 Treasury employees pertaining to the renomination of Jerome Powell to be chair of the Federal Reserve. The agency acknowledged receipt of the request and indicated that it would start processing it. However, 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 - DOBKIN v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Jul 27, 2022)
Adin Dobkin submitted a FOIA request to the National Archives and Records Administration for records concerning the deceased individual William Martin Hanson. The agency acknowledged receipt of the request. The agency indicated that it had located 300 potentially responsive records and that the completion time for the request would be 39 months. Dobkin then filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - TRACE MEDIA, INC. et al v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Jul 27, 2022)
Will Van Sant, a reporter for Trace Media, submitted four FOIA requests to the Dept of Justice for a variety of records, focusing on communications and calendar entries of various employees. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Trace Media filed suit. Van Sant also submitted four FOIA requests to the Bureau of Alcohol, Tobacco and Firearms for records concerning similar topics as to his DOJ requests. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Van Sant filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - FINKELSTEIN v. NATIONAL INSTITUTES OF HEALTH (filed Jul 28, 2022)
Katherine Finkelstein, a journalist for Vanity Fair, submitted a FOIA request to the National Institute of Health for records concerning the Living Brain Project. Finkelstein also requested expedited processing. The agency acknowledged receipt of the request and denied Finkelstein’s request for expedited processing. Finkelstein asked for an estimated time of completion which the agency failed to provide. After hearing nothing further from the agency, Finkelstein filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - PROTECT THE PUBLIC'S TRUST v. U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT (filed Jul 28, 2022)
Protect the Public’s Trust submitted five FOIA requests to U.S. Agency for International Development for records concerning staff travel costs for attending the Climate Change conference in Glasgow, as well as requests for travel cost records for Administrator Samantha Powers. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, PPT filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD (filed Jul 29, 2022)
Public Employees for Environmental Responsibility submitted two FOIA requests to U.S. Chemical Safety and Hazard Investigation Board for records concerning the CSB ExxonMobil Investigation. The agency acknowledged receipt of the requests. The agency disclosed 44 witness statements but failed to disclose others. After hearing nothing further from the agency, PEER filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - CENTER TO ADVANCE SECURITY IN AMERICA v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Jul 29, 2022)
The Center to Advance Security in America submitted FOIA requests to the Department of Homeland Security for records concerning the transportation of illegal aliens from the southern border to the interior of the United States. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, CASA filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Clayton v. Fowlerville School District et al (filed Jul 29, 2022)
Justin Clayton filed a suit against the Fowlerville School District. This is not a FOIA case.
Issues: FOIA not mentioned - Lee v. United States Internal Revenue Service (filed Jul 29, 2022)
Chien-Hsien Lee submitted a FOIA request to the IRS for records concerning taxpayer liability under Section 6039F, which deals with reporting foreign gifts, for 2018. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lee filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
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