AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE et al and 8 other new FOIA lawsuits, plus case descriptions

We have added 59 documents from 9 FOIA cases filed between August 21, 2022 and August 27, 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. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF STATE et al (filed Aug 22, 2022)
   American Oversight submitted six FOIA requests to the Department of State and the Department of Health and Human Services for records concerning the use of the Public Health Act to keep migrants out of the United States. The agencies acknowledged receipt of the requests but after hearing nothing further from the agency, American Oversight filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. CENTER TO ADVANCE SECURITY IN AMERICA v. US DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Aug 23, 2022)
   The Center to Advance Security in America submitted a FOIA request to the Department of Health and Human Services for records concerning a list of non-governmental agencies that received funding from HHS’s Office of Refugee Resettlement to assist with housing and other services for migrants on the southern border. CASA also requested a fee waiver. The acknowledged receipt of the request but after hearing nothing further from the agency, CASA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. JUDICIAL WATCH, INC. v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Aug 23, 2022)
   Judicial Watch submitted a FOIA request to the National Archives and Records Administration for records concerning the referral from NARA to the Department of Justice pertaining to the records keeping practices of former President Donald Trump. 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
4. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES BUREAU OF LAND MANAGEMENT (filed Aug 24, 2022)
   Public Employees for Environmental Responsibility submitted two FOIA requests to the Bureau of Land Management for records concerning a summary of threats of violence against BLM employees 2018 and 2020. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Aug 25, 2022)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Justice for records concerning the members of the Election Threats Task Force and tips it had received. CREW requested a fee waiver and expedited processing. The agency acknowledged receipt of the request and denied CREW’s request for expedited processing. After hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation – Attorney’s fees
6. AMERICAN CENTER FOR LAW AND JUSTICE v. UNITED STATES DEPARTMENT OF STATE (filed Aug 26, 2022)
   American Center for Law and Justice submitted a FOIA request to the Department of State for records concerning the Biden administration’s decision to remove Nigeria from the Countries of Particular Concern list. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ACLJ filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. Northeast Justice Center, LLC v. U.S. Citizenship and Immigration Services (filed Aug 23, 2022)
   The Northeast Justice Center submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the agency’s Vital Records Program. The agency acknowledged receipt of the request and asked NJC to clarify its request. NJC attempted to provide clarification but after hearing nothing further from the agency, NJC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
8. Milliron v. U.S. Department of Defense et al (filed Aug 25, 2022)
   Ryan Milliron submitted FOIA requests to the Department of Defense and the FBI for records concerning former President Donald Trump’s relationship with Alpha Bank and Russia. The agencies acknowledged receipt of the requests. DOD released five pages of emails with redactions. The FBI did not respond. After hearing nothing further from the agencies, Milliron filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
9. Tanner v. Executive Office for Immigration Review (filed Aug 22, 2022)
   Tabetha Tanner submitted a FOIA request to the Executive Office for Immigration Review for records concerning removal proceedings against her client. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Tanner filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees