INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION and 18 other new FOIA lawsuits

We have added 109 documents from 15 FOIA cases filed between November 6, 2022 and November 12, 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. INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION (filed Nov 8, 2022)
   Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning text message threads and other non-email electronic communications sent by three FERC employees over a specified of time that to or from six named officials in the White House. The agency acknowledged receipt of the request and located 90 responsive text messages, releasing 47 in full. The agency withheld 21 text messages in full and released other redactions, primarily under Exemption 4 (commercial and confidential) and Exemption 5 (privileges). EPA filed an administrative appeal of the denial. The agency denied EPA’s appeal. EPA then filed suit.
   Issues: Litigation – Attorney’s fees, Public Interest Fee Waiver
2. INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION (filed Nov 7, 2022)
   The Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning for calendars kept by two named FERC officials over a two-month period. The agency acknowledged receipt of the request. The disclosed some records but withheld others under Exemption 5 (privileges). IER filed an administrative appeal of the denial. The agency upheld is original decision. IER submitted a second FOIA request for phone bills for mobile devices for four employees over a period of six to 13 months. The agency acknowledged receipt of the request. The agency provided some records but withheld most of the records under Exemption 6 (invasion of privacy). IER filed an administrative appeal of the redactions. The agency upheld its original decision and argued that the phone records were not agency subject to FOIA. IER then filed suit.
   Issues: Public Interest Fee Waiver, Litigation – Attorney’s fees
3. SONOMA FILMS LLC v. CENTRAL INTELLIGENCE AGENCY (filed Nov 8, 2022)
   Sonoma Films submitted a FOIA request to the CIA for records concerning Ante Pavelic and Father Krunoslav Draganovic and their involvement in operations conducted at the behest of the U.S. government during the post-World War II and Cold War eras. The agency acknowledged receipt of the request and withheld records under Exemption 1(national security) and Exemption 3 (other statutes). Sonoma filed an administrative appeal. After hearing nothing further from the agency, Sonoma Films filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. ILLINOIS ASSOCIATION OF COUNTY VETERANS ASSISTANCE COMMISSIONS v. U.S. DEPARTMENT OF VETERANS AFFAIRS (filed Nov 10, 2022)
   The Illinois Association of County Veterans Assistance Commissions submitted a FOIA request to the Department of Veterans Affairs for records concerning the Blue Water Navy Standard Operating Procedure. The agency acknowledged receipt of the request. The agency denied the request entirely under Exemption 5 (privileges). IACVAC filed an administrative appeal. After hearing nothing further from the agency, IACVAC filed suit.
   Issues: Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees
5. NATIONAL STUDENT LEGAL DEFENSE NETWORK v. UNITED STATES DEPARTMENT OF EDUCATION (filed Nov 11, 2022)
   The National Student Legal Defense Network submitted FOIA requests to the Department of Education for records concerning a list of institutions that have recertified as eligible to participate in Title IV, HEA programs since December 2021. The agency acknowledged receipt of the requests. After hearing nothing further from the agency pertaining to any of its request, NSLDN filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. INFORMED CONSENT ACTION NETWORK v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Nov 11, 2022)
   The Informed Consent Action Network submitted a FOIA request to the Department of Health and Human Services for records concerning emails sent or received by Moncef Slaoui between January 2020 and the present that include the term ATI or Advanced Technology. The agency acknowledged receipt of the request and told ICAN that it was searching for responsive records. After hearing nothing further from the agency, ICAN filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. REIDA v. GENERAL SERVICES ADMINISTRATION (filed Nov 10, 2022)
   Sarah Reida, an attorney on behalf of Proxity, submitted a FOIA request to the General Services Administration for records concerning registered active federal contractors within the beta.sam.gov database. The agency acknowledged receipt of the request and told Reida that it had been granted. However, the agency subsequently told her that it would withhold contact information for sam registrants. Reida considered this a denial of her request. She filed an administrative appeal. GSA denied Reida’s administrative appeal. She then filed suit.
   Issues: attorney’s fees
8. Edgar County Watchdogs v. US Army Corps of Engineers (filed Nov 11, 2022)
   The Edgar County Watchdogs submitted a FOIA request to the U.S. Army Corps of Engineers for records concerning contracts/agreements/leases issued for marinas to operate in Edgar County, Ill. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Edgar County Watchdogs filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. VANDA PHARMACEUTICALS, INC. v. FOOD AND DRUG ADMINISTRATION (filed Nov 7, 2022)
   Vanda Pharmaceuticals submitted a FOIA request to the FDA for records concerning communications related to Vanda’s tradipitant development program mentioning any of 11 named FDA employees. The agency acknowledged receipt of the request. The agency denied the request under Exemption 5 (privileges). Vanda filed an administrative appeal. After hearing nothing further from the agency, Vanda filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. Sherven, Matthew v. Federal Bureau of Investigation (filed Nov 7, 2022)
    Matthew Sherven submitted a FOIA request to the FBI for records concerning instances in which the FBI authorized enhanced interrogation techniques. The agency acknowledged receipt of the request. The agency told Sherven that it was not required under FOIA to answer questions. Sherven then filed suit.
    Issues: Failure to respond within statutory time limit
11. SCARLETT v. OFFICE OF INSPECTOR GENERAL (filed Nov 8, 2022)
    Carol Scarlett submitted a FOIA request to the Office of Inspector General at the National Science Foundation for records concerning investigatory records related to her complaint. The agency acknowledged receipt of the request and provided a close-out report with redactions. Scarlett then filed suit.
    Issues: Litigation – Vaughn index, Litigation – Attorney’s fees
12. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF THE INTERIOR (filed Nov 8, 2022)
    Protect the Public’s Trust submitted a FOIA request to the Department of Interior for records concerning the ethics obligations of political appointees. 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
13. INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION (filed Nov 8, 2022)
    Institute for Energy Research submitted a FOIA request to the Federal Regulatory Commission for records concerning communications between the agency and the White House pertaining to its processing of two IER FOIA requests. The agency acknowledged receipt of the request and denied the request entirely under Exemption 5 (privileges). IER filed an administrative appeal. The agency denied IER’s appeal. IER then filed suit.
    Issues: Public Interest Fee Waiver, Litigation – Attorney’s fees
14. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Nov 8, 2022)
    White Coat Waste Project submitted three FOIA request to the Department Health and Human Services for records concerning the National Institute of Health’s contracts for experiments on dogs. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, WCWP filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Nov 8, 2022)
    White Coat Waste Project submitted three FOIA requests to the Department of Health and Human Services for records concerning communications between NIH employees and Washington Post reporters Dana Milbank, Beth Reinhard, and Yasmeen Abutaleb from 10/21/21 to the present. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, WCWP filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 4 documents from 4 cases, with earlier filing dates, that have recently appeared on PACER.

1. STASZAK v. UNITED STATES DEPARTMENT OF JUSTICE (filed Nov 4, 2022)
2. CASE NUMBER NOT USED (filed Nov 4, 2022)
3. GODBOLT v. MNUCHIN (filed Nov 3, 2022)
4. ERIC v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY (filed Oct 31, 2022)