CENTER FOR FOOD SAFETY v. UNITED STATES CENTERS FOR DISEASE CONTROL AND PREVENTION and 10 other new FOIA lawsuits

We have added 62 documents from 11 FOIA cases filed between September 11, 2022 and September 17, 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. CENTER FOR FOOD SAFETY v. UNITED STATES CENTERS FOR DISEASE CONTROL AND PREVENTION (filed Sep 14, 2022)
   The Center for Food Safety submitted a FOIA request to the Centers for Disease Control for records concerning antifungal resistance as a result of use of fungicides registered under the Federal Insecticide, Fungicide and Rodenticide Act. CFS also requested a fee waiver. The agency acknowledged receipt of the request. The agency asked CFS to narrow the scope of its request, which it did. However, after hearing nothing further from the agency, CFS filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Public Interest Fee Waiver
2. CENTER FOR FOOD SAFETY v. ENVIRONMENTAL PROTECTION AGENCY (filed Sep 12, 2022)
   The Center for Food Safety submitted a FOIA request to the EPA for records concerning speeches, talking points and/or meeting notes referenced in the agency’s report on the status of over-the-top dicambia. The agency acknowledged receipt of the request and asked CFS to narrow the scope of its request, which it did. However, after hearing nothing further from the agency, CFS filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION (filed Sep 12, 2022)
   The Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning correspondence between FERC and the White House on FERC’s processing of FOIA requests from January 2021 to August 2022. IEA also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, IER filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
4. HERITAGE FOUNDATION et al v. U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (filed Sep 13, 2022)
   The Heritage Foundation submitted a FOIA request to U.S. Equal Employment Opportunity Commission for records concerning the court case Bostock v. Clayton County. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, the Heritage Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. GOOCH v. DISTRICT OF COLUMBIA METROPOLITAN POLICE DEPARTMENT (filed Sep 12, 2022)
6. HERITAGE FOUNDATION et al v. U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (filed Sep 15, 2022)
   The Heritage Foundation submitted a FOIA request to U.S. Equal Employment Opportunity Commission for records concerning for calendars and calendar entries for listed agency officials. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, the Heritage Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Fees, Litigation – Attorney’s fees
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Sep 16, 2022)
   Judicial Watch submitted a FOIA request to the FBI for records concerning an August 6, 2020 briefing by supervisory intelligence analyst Brian Auten for Senator Ron Johnson (R-WI) and Senator Charles Grassley (R-IA). The FBI 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
8. KAYLL v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Sep 16, 2022)
   Jessica Kayll submitted a FOIA request to U.S. Customs and Border Protection for records concerning herself. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Kayll filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Nuclear Watch New Mexico v. National Nuclear Security Administration of the U.S. Department of Energy (filed Sep 15, 2022)
   Nuclear Watch New Mexico submitted a FOIA request to the National Nuclear Security Administration for records concerning Performance Evaluation Reports for various national laboratories. NWNM also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NWNM filed suit.
   Issues: Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees
10. Morris et al v. National Highway Traffic Safety Administration (filed Sep 12, 2022)
    Harold Morris and Laura Share submitted FOIA requests to the National Highway Traffic Safety Administration for records concerning a safety recall involving Harley Davidson motorcycles which were involved in an accident which involved Morris and Share. The agency acknowledged receipt of the request and told Morris and Share that it had no new records beyond what was available on its website. Morris and Share submitted more FOIA requests, insisting the agency had responsive records. After hearing nothing further from the agency, Morris and Share filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Institute for Energy Research v. Federal Energy Regulatory Commission (filed Sep 12, 2022)
    The Institute for Energy Research to the Federal Energy Regulatory Commission for records concerning calendar entries for two named FERC officials over a two-month period. IEA also requested a fee waiver. The agency acknowledged receipt of the request and disclosed 19 pages with redactions, citing Exemption 5 (privileges). IEA submitted a second FOIA request for phone bills for four officials. The agency acknowledged of the request and disclosed seven pages with redactions under Exemption 6 (invasion of privacy). IEA filed an administrative appeal. The agency denied IEA’s appeal and IEA filed suit.
    Issues: Public Interest Fee Waiver, Litigation – Attorney’s fees