CITIZENS UNITED v. U.S. DEPARTMENT OF THE INTERIOR and 20 other new FOIA lawsuits, plus case descriptions
We have added 153 documents from 21 FOIA cases filed between August 14, 2022 and August 20, 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.
- CITIZENS UNITED v. U.S. DEPARTMENT OF THE INTERIOR (filed Aug 17, 2022)
Citizens United submitted a FOIA request to the Department of Interior for records concerning communications between the agency’s White House Liaison and the White House pertaining to the Hatch Act. Citizens United submitted the same request to three offices, the Assistant Secretary for Indian Affairs, the Bureau of Indian Affairs, and the Office of the Solicitor. The agency acknowledged receipt of all four requests but after hearing nothing further from the agency, Citizens United filed suit.
Issues: Litigation – Vaughn index, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees - Jonathan William McKinney v. Federal Bureau of Investigation (filed Aug 15, 2022)
Jonathan McKinney submitted a FOIA request to the FBI for records concerning his identification of Ismael Zambada Garcia as being on the FBI’s Top 10 listing. After hearing nothing further from the agency, McKinney filed suit.
Issues: Failure to respond within statutory time limit - AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Aug 15, 2022)
The American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning 12 different classes of records relating to BLM operations in the State of Nevada. The agency acknowledged receipt of the request. AWHC amended its request to cover only 5 classes of records. After hearing nothing further from the agency, AWHC filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - PROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Aug 15, 2022)
The Project on Government Oversight submitted a FOIA request to the Office of the Inspector General of the Department of Homeland Security for records concerning allegations of sexual harassment and workplace sexual misconduct. POGO also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, POGO filed suit.
Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees - FINKELSTEIN v. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Aug 16, 2022)
Journalist Katherine Finkelstein submitted a FOIA request to the Department of Health and Human Services for records concerning Mount Sinai research documents. The agency acknowledged receipt of the request and asked Finkelstein to narrow her request. Finkelstein agreed to narrow her request but after hearing nothing further from the agency, Finkelstein filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - MORRISON URENA, L.C. v. UNITED STATES DEPARTMENT OF STATE (filed Aug 16, 2022)
The law firm of Morrison Urena, L.C. submitted a FOIA request for records concerning changes in the agency’s policy on diversity visas. Morrison Urena also requested expedited processing. The agency acknowledged receipt of the request and denied Morrison Urena’s request for expedited processing. After hearing nothing further from the agency, Morrison Urena filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - CITIZENS UNITED v. UNITED STATES DEPARTMENT OF STATE (filed Aug 17, 2022)
Citizens United submitted a FOIA request to the Department of State for records concerning communications between the agency’s White House Liaison and the White House pertaining to the Hatch Act. The State Department 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 - CITIZENS FOR THE PRESERVATION OF WAINSCOTT, INC. v. UNITED STATES ARMY CORPS OF ENGINEERS (filed Aug 17, 2022)
Citizens for the Preservation of Wainscott, a non-profit organization dedicated to preserving the beauty of Wainscott in the hamlet of East Hampton, NY, submitted a FOIA request to U.S. Army Corps of Engineers for records concerning PFAS testing of the South Fork Project. The agency acknowledged receipt of the request and told CPW that it had located responsive records and would respond shortly. However, after hearing nothing further from the agency, CPW filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - MUSTAFA CHOHAN v. U.S. DEPARTMENT OF STATE (filed Aug 16, 2022)
Fida Ul Mustafa Chohan submitted a FOIA request to the Department of State for records concerning the cancellation of his visa. The agency acknowledged receipt of the request but did not send Mustafa Chohan the records he sought. Chohan does not mention in his complaint having filed an administrative appeal. However, he filed suit against the agency.
Issues: Failure to respond within statutory time limit - JUDICIAL WATCH, INC. v. DEPARTMENT OF JUSTICE (filed Aug 18, 2022)
Judicial Watch submitted a FOIA request to the FBI for records concerning a named FBI case from San Antonio. 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 - SAVAGE et al v. UNITED STATES DEPARTMENT OF JUSTICE (filed Aug 19, 2022)
New York Times reporters Charlie Savage and Scott Shane submitted a FOIA request to the Department of Justice for records concerning John Durham’s investigation of CIA rendition program. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Savage and Shane filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - KHAN et al v. DEPARTMENT OF HOMELAND SECURITY (DHS) et al (filed Aug 19, 2022)
Fraz Khan submitted FOIA requests to the Department of Homeland Security and the Department of Justice for records concerning his arrest and detention. The agencies acknowledged receipt of the request but after hearing nothing further from the agencies, Khan 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 DEFENSE (filed Aug 19, 2022)
Judicial Watch submitted a FOIA request to the Department of Defense for records from the National Ground Intelligence Center pertaining to the potential security risk of Afghan refugees in the United States.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Aug 19, 2022)
American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning BLM employee training on firearm and/or euthanasia training. 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 - RADICE v. CENTRAL INTELLIGENCE AGENCY (filed Aug 19, 2022)
Jeffrey Radice, a documentary filmmaker, submitted a FOIA request to the CIA for records concerning a deceased individual identified as Werner Stiller. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Radice filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - PROXITY ELECTRONIC COMMERCE SYSTEMS, LLC v. GENERAL SERVICES ADMINISTRATION (filed Aug 20, 2022)
Proxity Electronic Commerce Systems submitted a FOIA request to the General Services Administration for records concerning contractors in the Beta Sam database, including business name, business address, phone number, business email, and business DUNS. The agency acknowledged receipt of the request and withheld phone numbers and business emails. Proxity Electronic Commerce Systems filed an administrative appeal. GSA denied the appeal and Proxity Electronic Commerce Systems filed suit.
Issues: Litigation – Attorney’s fees - LORANCE v. ARMY (filed Aug 20, 2022)
Clint Lorrance submitted a FOIA request to the Department of Army for records concerning discussions about his case and possible release from prison. The agency acknowledged receipt of his request but after hearing nothing further from the agency, Lorrance filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - National Immigration Litigation Alliance v. U.S. Immigration and Customs Enforcement (ICE) (filed Aug 17, 2022)
The National Immigration Litigation Alliance submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the removal of withholding and Convention Against Torture grantees to non-designated countries. NILA also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NILA filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Brennan Center For Justice At New York University School Of Law v. U.S. Department of Homeland Security et al (filed Aug 18, 2022)
The Brennan Center for Justice submitted a FOIA request to the Department of Homeland Security for records concerning the nature of social media monitoring services provided or marketed by Voyager Labs, Logically, Inc., or ShadowDragon. The Brennan Center also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Brennan Center filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Hadfield v. U.S. Department of Commerce et al (filed Aug 18, 2022)
Thomas Hadfield submitted a FOIA request to the Department of Commerce for records concerning Great Lakes anomalies from the database maintained by the National Oceanic and Atmospheric Administration. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Hadfield filed suit.
Issues: Failure to respond within statutory time limit - Goetz et al v. U.S. Food and Drug Administration (filed Aug 19, 2022)
James Goetz submitted a FOIA request with the FDA for records concerning an agency study of Zantac. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Goetz filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
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