PROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY and 12 other new FOIA lawsuits

We have added 91 documents from 13 FOIA cases filed between October 9, 2022 and October 15, 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. PROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Oct 12, 2022)
   The Project on Government Oversight submitted a FOIA request to the Department of Homeland Security’s Office of Inspector General for records concerning its Report of Investigation resulting from a use of force incident where a border patrol agent shot and killed Claudia Gomez Gonzalez on May 2018. POGO also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request and granted POGO’s request for a fee waiver. After hearing nothing further from the agency, POGO filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Expedited processing
2. The Center for Investigative Reporting et al v. Department of Homeland Security (filed Oct 11, 2022)
   Najiib Aminy, a producer for Reveal, submitted a FOIA request to the Department of Homeland Security for records concerning humanitarian parole applications by Afghan nationals from January to February 2021. Aminy also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request and granted Aminy’s request for a fee waiver and expedited processing. After several rounds of clarification, the agency disclosed some responsive records but after the agency failed to respond completely, Aminy filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees
3. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF LABOR (filed Oct 10, 2022)
   Protect the Public’s Trust submitted a FOIA request to the Department of Labor for records concerning ethics materials received by senior politic appointees of the Biden administration. PPT also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, PPT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
4. DOUPE et al v. FEDERAL AVIATION ADMINISTRATION (filed Oct 11, 2022)
   Curtis Doupe, the owner of Doupe Services d/b/a as Curtis Air Taxi, submitted five FOIA requests to the Federal Aviation Administration for records concerning policies at the East Hampton, New York airport. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Doupe filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. HERITAGE FOUNDATION et al v. DEPARTMENT OF JUSTICE (filed Oct 12, 2022)
   The Heritage Foundation submitted two FOIA requests to the Department of Justice for records concerning communications from listed individuals related to protests, picketing, and parading. The Heritage Foundation also requested a fee waiver and expedited processing. The agency acknowledged receipt of the requests. The Heritage Foundation contacted the Office of Information Policy concerning its request for expedited processing. OIP told the Heritage Foundation that its request had been put in the complex queue for processing. 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 – Attorney’s fees
6. MOSCOU v. FEDERAL BUREAU OF INVESTIGATION et al (filed Oct 14, 2022)
7. CHELMOWSKI v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Oct 14, 2022)
   James Chelmowski submitted FOIA requests to the National Archives and Records Administration for records concerning himself. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Chelmowski filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. CHELMOWSKI v. UNITED STATES ENVIRONMENT PROTECTION AGENCY (filed Oct 14, 2022)
   James Chelmowski submitted FOIA requests to the EPA for records concerning himself. The agency acknowledged receipts of the requests but after hearing nothing further from the agency, Chelmowski filed suit.
   Issues: Failure to respond within statutory time limit, attorney’s fees
9. CHELMOWSKI v. FEDERAL COMMUNICATION COMMISSION (filed Oct 14, 2022)
   James Chelmowski submitted FOIA requests to the FCC for records concerning himself. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Chelmowski filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. National Immigration Litigation Alliance et al v. US Department of State (filed Oct 13, 2022)
    The National Immigration Litigation Alliance and Church World Services submitted a FOIA request to the Department of State for records concerning the staffing, processing, and adjudication of Form I-730 Refugee/Asylee Relative Petitions. The agency acknowledged receipt of the request. DOS told NILA that it would not be able to respond within 20 days. After hearing nothing further from the agency, NILA filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
11. Center For Biological Diversity v. Tennessee Valley Authority (filed Oct 11, 2022)
    The Center for Biological Diversity submitted two FOIA requests to the Tennessee Valley Authority for records concerning communications between Board members and any listed outside organization concerning a list of specific issues. The agency acknowledged receipt of the requests. The agency indicated that it could find no records in response to the first request but did find and release records concerning the second request. However, the agency also withheld records under Exemption 5 (privileges) and Exemption 4 (commercial and confidential). CBD filed an administrative appeal of the decisions, and the agency upheld its denials. CBD then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees
12. Hall v. The United States of America et al (filed Oct 13, 2022)
    Charles Hall submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning whether Josefat Alvarado had been deported. Hall was involved in an accident caused by Alvarado and his insurance company filed an insurance claim against Alvarado as an uninsured motorist. However, the court required Hall to show that Alvarado was in Tennessee illegally. Hall filed a request with USCIS, which refused to confirm Alvarado’s status. Hall then filed suit.
    Issues: Failure to respond within statutory time limit
13. Public Health and Medical Professionals for Transparency et al v. Food and Drug Administration (filed Oct 11, 2022)
    Public Health and Medical Professionals for Transparency submitted two FOIA requests to the FDA for records concerning the COVID-19 vaccines. The agency acknowledged receipt of the requests. After the agency failed to respond, PHMPT filed suit, asking the court to require the FDA to disclose records at a rate of 55,000 pages a month.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees