HERITAGE FOUNDATION et al v. DEPARTMENT OF JUSTICE and 19 other new FOIA lawsuits, plus case descriptions
We have added 151 documents from 20 FOIA cases filed between September 4, 2022 and September 10, 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.
- HERITAGE FOUNDATION et al v. DEPARTMENT OF JUSTICE (filed Sep 7, 2022)
The Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning communications external to the U.S. government relating to the search of former President Donald Trump’s Mar-a-Lago residence to retrieve records falling within the scope of the Presidential Records Act. The Heritage Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, the Heritage Foundation filed suit.
Issues: Expedited processing, Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Earth Island Institute v. United States National Park Service, et al. (filed Sep 6, 2022)
The Earth Island Institute submitted two FOIA requests to the National Park Service for records concerning the Biomass Removal Project. EII also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request, denied EII’s request for expedited processing but granted its request for a fee waiver. EII filed an administrative appeal of the agency’s denial of its request for expedited processing. The agency denied its appeal for expedited processing. After hearing nothing further from the agency, EII filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Lavelle v. National Institutes of Health (filed Sep 9, 2022)
Kristin Lavelle submitted a FOIA request to the National Institute of Health for records concerning a report on fluoride. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lavelle filed suit.
Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit - HERITAGE FOUNDATION et al v. NATIONAL ARCHIVES AND RECORD ADMINISTRATION (filed Sep 6, 2022)
The Heritage Foundation submitted a FOIA request to the National Archives and Records Administration for records concerning communications between the agency and Bedminster or Mar-a-Lago pertaining to whether records located at former President Donald Trump’s residences were subject to the Presidential Records Act. The Heritage Foundation also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Heritage Foundation filed suit.
Issues: Failure to respond within statutory time limit, Expedited processing, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - ENERGY POLICY ADVOCATES v. DEPARTMENT OF THE TREASURY (filed Sep 6, 2022)
Energy Policy Advocates submitted a FOIA request to the Department of Treasury for records concerning calendars for Secretary Janet Yellin. EPA also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, EPA filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - IMMIGRANT INVESTORS ASSOCIATION, INC. v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed Sep 7, 2022)
Immigrant Investors Association submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the agency’s policies and practices for adjudicating source-of-fund issues. The agency acknowledged receipt of the request but after hearing nothing further from the agency, IIA filed suit. - TURSE v. U.S. DEPARTMENT OF DEFENSE et al (filed Sep 7, 2022)
Nick Turse, an investigative reporter, submitted a FOIA request to the Department of Defense and U.S. Africa Command for records concerning the investigation of an incident in which the Nigerian air force bombed the Rann Internally Displaced Persons’ camp. The agency acknowledged receipt of the request and disclosed some records. Turse followed up with another request. After hearing nothing further from the agency, Turse filed suit.
Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees - FUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF TRANSPORTATION et al (filed Sep 7, 2022)
Functional Government Initiative submitted a FOIA request to the Federal Highway Administration for records concerning the issuance of a FHWA December 2021 memo entitled Policy on Using Bipartisan Infrastructure Law Resources to Build a Better America. The agency acknowledged receipt of the request 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 - PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF COMMERCE (filed Sep 7, 2022)
1. Protect the Public’s Trust submitted a FOIA request to the Department of Commerce for records concerning Danhua Capital, PathAI, or Andrew Moffit. PPT also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request and granted PPT’s request for a fee waiver. After hearing nothing further from the agency, PPT filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICA FIRST LEGAL FOUNDATION v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Sep 8, 2022)
America First Legal Foundation submitted three FOIA requests to the National Archives and Records Administration for records concerning communications with Hunter Biden, James Biden, or other individuals associated with Rosemont Seneca Partners or the Lion Hall Group. AFL also requested expedited processing. The agency acknowledged receipt of the requests, denied AFL’s request for expedited processing and asked for clarification of the scope of the requests. After hearing nothing further from the agency, AFL filed suit.
Issues: Failure to respond within statutory time limit, Expedited processing, Adequacy – Search, Litigation – Attorney’s fees - NATIONAL POLICE ASSOCIATION v. NATIONAL INSTITUTES OF HEALTH (filed Sep 9, 2022)
The National Police Association submitted a FOIA request to the National Institute of Health for records concerning cordectomies conducted upon beagles. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NPA filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - SPARACINO PLLC v. UNITED STATES CENTRAL COMMAND (filed Sep 9, 2022)
The law firm Sparacino, which represents veterans and their families who were killed or injured by terrorists in Iraq, submitted ten FOIA requests to U.S. Central Command for records concerning a variety of issues. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Sparacino filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees - FUNCTIONAL GOVERNMENT INITIATIVE v. DEPARTMENT OF HOMELAND SECURITY et al (filed Sep 9, 2022)
Functional Government Initiative submitted FOIA requests to the Department of Homeland Security and U.S. Customs and Border Protection for records concerning the implementation of the Synthetics Trafficking and Overdose Prevention Act. The agency acknowledged receipt of the request but after hearing nothing further from the agency, FGI filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Gyetvay v. The United States Department of Justice (filed Sep 9, 2022)
- Gyetvay v. Internal Revenue Service (filed Sep 9, 2022)
Mark Gyetvay submitted FOIA requests to the IRS for records concerning himself from 2006 to 2016. The agency acknowledged receipt of the requests. The agency told Gyetvay that located nearly 12,000 responsive files. However, the agency withheld nearly all the responsive records, citing Exemption 3 (other statutes) and Exemption 7(A) (interference with ongoing investigation or proceeding). Gyetvay filed an administrative appeal. The agency upheld its original decision on appeal. Gyetvay then filed suit.
Issues: Litigation – Attorney’s fees - Goetz et al v. U.S. Food and Drug Administration (filed Sep 6, 2022)
James Goetz submitted a FOIA request to 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. This case was originally filed in the Northern District of California but has also been assigned to the Southern District of Florida.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Richmond et al v. Acting Commissioner of Social Security Administration (filed Sep 6, 2022)
Terry Richmond, an attorney representing Alexander Schultz in his social security disability claim, submitted FOIA requests to the Social Security Administration for records concerning Schultz. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Richmond filed suit on behalf of Schultz.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Perrusquia v. Tennessee Valley Authority (JRG2) (filed Sep 7, 2022)
Jose Marcus Perrusquia submitted a FOIA request to the Tennessee Valley Authority for records concerning the salary and total compensation of each of the TVA’s four regional vice presidents. The agency acknowledged receipt of the request. The agency denied the request under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Perrusquia filed an administrative appeal of the denial. The agency upheld its denial. Perrusquia then filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Miller v. U.S. Department of State et al (filed Sep 8, 2022)
Travis Miller submitted FOIA requests to the Department of State, the Office of the Director of National Intelligence, the Department of Defense, and the FDA for records concerning COVID-19 and SARS-CoV-2. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Miller filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index - Lavelle v. National Institutes of Health (filed Sep 9, 2022)
Kristin Lavelle submitted a FOIA request to the National Institute of Health for records concerning a report on fluoride. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lavelle filed suit.
Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
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