AMERICA FIRST LEGAL FOUNDATION v. FEDERAL BUREAU OF INVESTIGATION et al and 31 other new FOIA lawsuits
We have added 337 documents from 32 FOIA cases filed between October 2, 2022 and October 8, 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.
- AMERICA FIRST LEGAL FOUNDATION v. FEDERAL BUREAU OF INVESTIGATION et al (filed Oct 4, 2022)
America First Legal submitted a FOIA request to the FBI for records concerning contacts between the agency and Facebook between October and November 2020 related to Hunter Biden’s laptop and Russian dis- or misinformation. AFL also requested expedited processing. The agency acknowledged receipt of the request and denied AFL’s request for expedited processing and put it in the general category for fee purposes. The agency then told AFL that it was closing the request because it did not adequate describe the records sought. AFL then filed suit.
Issues: Litigation – Vaughn index, Litigation – Attorney’s fees, Adequacy – Search, Expedited processing, Public Interest Fee Waiver - NYENEKOR v. FEDERAL BUREAU OF PRISONS et al (filed Oct 3, 2022)
- TURSE v. U.S. DEPARTMENT OF DEFENSE et al (filed Oct 2, 2022)
Nick Turse, an investigative reporter, submitted a FOIA request to U.S. Special Operations Command for records concerning the after-action review of a 2018 incident in Somalia. The agency acknowledged receipt of the request and responded three years later by locating four responsive records, referring one record to the Office of the Secretary for review, and withholding one record entirely under Exemption 1 (national security). The other two records were disclosed with redactions. Turse filed an administrative appeal. After hearing nothing further from the agency, Turse filed suit.
Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Fees, Litigation – Attorney’s fees - AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Oct 2, 2022)
The American Wild Horse Campaign submitted four FOIA requests to the Bureau of Land Management for records concerning the Rock Springs Grazing Association Allotment and Management records. The agency acknowledged receipt of the requests and disclosed records in response to some of them. AWHC filed administrative appeals of the four requests. The agency denied the appeals and AWHC filed suit.
Issues: Adequacy – Search, Litigation – Attorney’s fees - AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Oct 2, 2022)
The American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning communications from Wild Horse and Burro Specialists and Field Managers under the jurisdiction of BLM’s Oklahoma Office with James or Jimmy Galloway. 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 - KITLINSKI v. U.S. EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS (filed Oct 3, 2022)
Darek Kitlinski submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning communications send or received by AUSA Kimere Kimball concerning a complaint that Kitlinski made against Kimball to the State Board of California. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Kitlinski filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Recovery of Costs - GOVERNMENT ACCOUNTABILITY & OVERSIGHT v. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (filed Oct 4, 2022)
Government Accountability and Oversight submitted three FOIA requests to the National Oceanic and Atmospheric Administration. The first request asked for records concerning the costs of sending officials to a conference in Portugal. The second request asked for records on the agency’s management of social media platforms. The third request asked for records concerning a fact-checking post of corrupted climate change data. The agency acknowledged receipt only the first request. After hearing nothing further from the agency, GAO filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - FUNCTIONAL GOVERNMENT INITIATIVE v. SECURITIES AND EXCHANGE COMMISSION (filed Oct 4, 2022)
Functional Government Initiative submitted a FOIA request to the Securities and Exchange Commission for records concerning communications between the agency and outside groups regarding climate-related disclosures. FGI also requested a fee waiver. The agency acknowledged receipt of the request and told FGI that its fee waiver request was deficient and its request too broad for search purposes. FGI contacted the agency and indicated that it did not believe the request was too broad. The agency agreed to conduct a search 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 - LEOPOLD et al v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Oct 4, 2022)
Journalist Jason Leopold submitted four FOIA requests to the National Archives and Records Administration for records concerning former President Trump’s allegations concerning classified information at Mar-a-Lago as well as claims that former President Obama kept 33 million classified documents after he left office. Leopold also asked for expedited processing for all four requests. The agency responded to a request concerning NARA’s role in taking NARA-owned records from Mar-a-Lago and while it withheld 1,500 records, it did not complete processing the request. After hearing nothing further from the agency concerning his requests, Leopold filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION (filed Oct 4, 2022)
The Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning text messages sent over a 13-month period to or from Chairman Richard Glick sent from one or more of seven named individuals. 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, Litigation – Attorney’s fees - LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE et al (filed Oct 5, 2022)
Journalist Jason Leopold submitted FOIA requests to the Department of Justice, the Office of the Director of National Intelligence, and the National Archives and Records Administration. Leopold submitted a FOIA request to DOJ for records concerning the search for presidential records at Mar-a-Lago. He asked for expedited processing for the request. The agency acknowledged receipt of the request and granted Leopold’s request for expedited processing. He sent a second FOIA request to DOJ asking for records concerning former President Trump’s claim that he had a standing order to declassify records before being sent to Mar-a-Lago. Leopold asked for expedited processing and DOJ granted his request. Leopold sent a third request to DOJ, asking for guidance provided to NARA about the records at Mar-a-Lago. He also asked for expedited processing for the third request, which was granted. Leopold submitted a FOIA request to ODNI for records concerning Trump’s alleged standing order to declassify records. He also asked for expedited processing, which was granted. Leopold submitted a FOIA request to NARA for records concerning a letter from Evan Corcoran and the agency’s response. He also asked for expedited processing, which was granted. Leopold submitted another FOIA request to NARA for records concerning letters sent from Congress to NARA pertaining to the presidential records issues at Mar-a-Lago. He requested expedited processing, which NARA granted. After hearing nothing further from the agencies, Leopold filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - LEOPOLD et al v. FEDERAL BUREAU OF INVESTIGATION et al (filed Oct 5, 2022)
Journalist Jason Leopold submitted FOIA requests to the FBI, the Department of Justice, the National Archives and Records Administration, and the Office of the Director of National Intelligence. He submitted a request to the FBI for records concerning threats received by agents because of their participation in the search for presidential records at Mar-a-Lago. He asked for expedited processing which the FBI granted. He submitted a FOIA request to DOJ for records concerning threat assessments as the result of the search of Mar-a-Lago. He asked for expedited processing, which was granted. Leopold submitted another FOIA request to the National Security Division at DOJ for records concerning discussions with NARA pertaining to the Mar-a-Lago search. He asked for expedited processing for that request, which was granted. He submitted a FOIA request to NARA asking for any communications to NARA from Trump designating Kash Patel and/or journalist John Solomon as his representatives for access to presidential records. Leopold asked for expedited processing, which was granted. Leopold submitted a FOIA request to ONDI for records concerning risk assessments of the potential damage to national security from unsecured classified records at Mar-a-Lago. Leopold asked for expedited processing which was granted. After hearing nothing further from the agencies concerning any of his requests, Leopold filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - NATIONAL PUBLIC RADIO, INC. et al v. UNITED STATES MARSHALS SERVICE (filed Oct 5, 2022)
Fernando Alphonso, supervising editor of digital news for NPR, submitted a FOIA request to the U.S. Marshals Service for records concerning the conditions of Ghislaine Maxwell’s confinement at MDC Brooklyn. The agency acknowledged receipt of the request and denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). NPR filed an administrative appeal of the denial. After hearing nothing further from the agency, NPR filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - HALEEM v. DEPARTMENT OF DEFENSE et al (filed Oct 5, 2022)
Deen Haleem submitted FOIA requests to the Department of Defense, the Department of Justice, and the Office of the National Director of Intelligence for records concerning the suspension of his security clearance. The agencies acknowledged receipt of the requests and provides some records with redactions. After hearing nothing further from the agencies, Haleem filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Oct 6, 2022)
Citizens for Responsibility and Ethics in Washington submitted two FOIA requests to the Department of Justice for records concerning complaints to the Office of Professional Responsibility related to possible professional misconduct by Justice on the Supreme Court. OPR acknowledged receipt of the requests and told CREW that it did not maintain that type of record. CREW filed an administrative appeal to the Office of Information Policy, which remanded the request to OPR to conduct a search. After hearing nothing further from the agency, CREW filed suit.
Issues: Litigation – Attorney’s fees - AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF THE TREASURY et al (filed Oct 6, 2022)
American Oversight submitted FOIA requests to the Department of Treasury and the U.S. International Development Financial Corporation for records concerning communications from former Treasury Secretary Steven Mnuchin or his deputies during Mnuchin’s Jan. 5 – Jan. 11, 2021 delegation to the Middle East. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, American Oversight filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search - AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Oct 6, 2022)
The American Wild Horse Campaign submitted four FOIA requests to the Bureau of Land Management for records. The agency acknowledged receipt of the requests but after hearing nothing concerning any of the requests, AWHC filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - AMERICA FIRST LEGAL FOUNDATION v. U.S. DEPARTMENT OF AGRICULTURE et al (filed Oct 6, 2022)
America First Legal Foundation submitted FOIA requests to the Department of Agriculture and ten other cabinet-level agencies for records concerning the agencies’ strategic plans to promote voting. AFL also requested a fee waiver. The agencies acknowledged receipt of the requests and several denied AFL’s request for a fee waiver and indicated that they had no responsive records. AFL filed administrative appeals of those denials. After hearing nothing further from the agencies, AFL filed suit.
Issues: Litigation – Attorney’s fees, Litigation – Vaughn index, Adequacy – Search, Failure to respond within statutory time limit, Public Interest Fee Waiver - AMERICA FIRST LEGAL FOUNDATION v. U.S. DEPARTMENT OF THE TREASURY et al (filed Oct 6, 2022)
America’s First Legal Foundation submitted FOIA requests to the Department of Treasury, the Department of Veterans Affairs, and the Department of Housing and Urban Development for records concerning the agencies’ strategic plan for promoting access to voting. The agencies acknowledged receipt of the requests and disclosed some records with redactions. AFL filed administrative appeals of those denials. After hearing nothing further from the agencies, AFL filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees - ERICKSON IMMIGRATION GROUP, PC v. UNITED STATES DEPARTMENT OF LABOR (filed Oct 6, 2022)
The Erickson Immigration Group submitted a FOIA request to the Department of Labor for records concerning implementation of the permanent labor certification program. The agency acknowledged receipt of the request. The agency told Erickson that most of the records were protected by Exemption 5 (privileges). Erickson filed an administrative appeal. After hearing nothing from the agency, Erickson filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - MOSCOU v. U.S. DEPARTMENT OF JUSTICE (filed Oct 7, 2022)
James Moscou, an investigative journalist, submitted a FOIA request to the Department of Justice for records concerning emails of Brett Talley, Assistant Attorney General in the Office of Legal Policy from September 16, 2018 to October 6, 2018. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Moscou filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Oct 7, 2022)
Judicial Watch submitted a FOIA request to the Department of Defense for records concerning emails sent to or from Secretary of Defense Lloyd Austin and his senior staff relating to Defense Medical Epidemiology Database, Sen. Ron Johnson, and/or vaccines. The agency acknowledged receipt of the request and invoked a 10-day extension for responding to the request. 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 - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Oct 7, 2022)
Judicial Watch submitted a FOIA request to the Administration for families and Children, a component of the Department of Health and Human Services for records concerning the preparations and logistics for transporting Unaccompanied Alien Children to and from Chattanooga’s Wilson Air Center on May 14, 2021. 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 - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Oct 7, 2022)
Judicial Watch submitted a FOIA request to the National Institute of Health for records concerning a Zoom meeting on Oct. 20, 2021 between NIH officials and officials at the University of Pittsburgh related to fetal tissue research. 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 - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Oct 7, 2022)
Judicial Watch submitted a FOIA request to the National Institute of Health for records concerning communications concerning human fetal tissue research collection between the Office of Extramural Research and the University of Pittsburgh, the University of Pittsburgh Medical Center, the National Abortion Federation, and Planned Parenthood. 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 - VANDA PHARMACEUTICALS, INC. v. FOOD AND DRUG ADMINISTRATION (filed Oct 7, 2022)
Vanda Pharmaceuticals submitted a FOIA request to the FDA for records concerning communications outside the FDA with any individual or entity regarding any aspect of Vanda’s tradipitant development program sent by or to 111 named FDA employees. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Vanda Pharmaceuticals filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Oct 8, 2022)
The American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning emails to Paul McGuire from the Mustang Heritage Foundation that discuss Tim Leonard or John Shetler. After hearing nothing further from the agency, AWHC filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - WILSON v. FEDERAL BUREAU OF INVESTIGATION (filed Oct 8, 2022)
John Wilson submitted a FOIA request to the FBI for records concerning himself. The FBI acknowledged receipt of the request. The FBI denied the request entirely. Wilson filed an administrative appeal of the denial but after hearing nothing further from the agency, Wilson filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Klamath-Siskiyou Wildlands Center v. United States Bureau of Land Management et al (filed Oct 3, 2022)
The Klamath-Siskiyou Wildlands Center submitted a FOIA request to the Bureau of Land Management for records concerning communications regarding the Rogue Gold vegetation management project. KSWC also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. BLM denied KSWC’s request for expedited processing but granted its request for a fee waiver. The agency told KSWC that it had located 463 potentially responsive records. The agency said it would disclose 221 pages in full but withheld 52 pages in full and 204 pages in part under Exemption 5 (privileges). KSWC filed an administrative appeal of the denial. BLM responded with a second and final disclosure of records that also included exemption claims under Exemption 5. KSWC filed a second administrative appeal. However, after hearing nothing further from the agency, KSWC filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Institute for Energy Research v. Federal Energy Regulatory Commission Case electronically transferred to District of Columbia. (filed Oct 4, 2022)
The Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning all correspondence between the agency and the White House. IER also requested a fee waiver. The agency acknowledged receipt of the request and located four responsive records, which it withheld under Exemption 5 (privileges). IER filed an administrative appeal of the denial. 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 - Gass v. U.S. Customs and Border Protection (filed Oct 3, 2022)
Asteway Jesse Gass, an Ethiopian citizen who had entered the United States in 1987, submitted FOIA request to U.S. Customs and Border Protection for records concerning himself. The agency acknowledged receipt of the request but told Gass it could find no records based on his description. Gass filed an administrative appeal but after hearing nothing further from the agency, Gass filed suit.
Issues: Adequacy – Search, attorney’s fees, Failure to respond within statutory time limit - Jiajie Chen et al v. Internal Revenue Service (filed Oct 3, 2022)
Jiajie Chen submitted a FOIA request to the IRS for records concerning the administrative audit of Chen’s 2017 tax return. Chen also asked for a Vaughn index. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Chen filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
No comments yet
Recent Tweets
7 days 
30 days 
over 30 days
