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Center for Investigative Reporting et al v. United States Department of Labor and 15 other new FOIA lawsuits

by Harry Hammitt on November 25th, 2022

We have added 107 documents from 16 FOIA cases filed between November 13, 2022 and November 19, 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 Investigative Reporting et al v. United States Department of Labor (filed Nov 15, 2022)
    The Center for Investigative Reporting submitted FOIA requests to the Department of Labor for records concerning a spreadsheet of all Type 2 consolidated EEO-1 report data submitted by all federal contractors in 2016. The agency acknowledged receipt of the requests and indicated that the request was too voluminous. The agency ultimately published a Federal Register notice telling contractors that CIR had requested data potentially covered by Exemption 4 (commercial and confidential). After hearing nothing further from the agency, CIR filed suit.
    Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
  2. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF JUSTICE (filed Nov 16, 2022)
    Protect the Public’s Trust submitted a FOIA request to the Department of Justice for records concerning for meetings and communications between the agency and the National School Boards Association. 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
  3. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF THE TREASURY et al (filed Nov 17, 2022)
    American Oversight submitted FOIA requests to the Department of Treasury and the IRS for records concerning emails sent or received by any political appointee related to James Comey or Andrew McCabe. The agency acknowledged receipt of the request. The agency indicated that it would need more time to respond. After hearing nothing further from the agency, American Oversight filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
  4. LOWY et al v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES et al (filed Nov 18, 2022)
    Karen Lowy and Daniel Jaffe, victims of a mass shooting at Edmund Burke School in Northeast Washington, DC, submitted FOIA requests to the Bureau of Alcohol, Tobacco and Firearms and the Department of Justice for records concerning the shooting. The agencies acknowledged receipt of the requests. The agency denied the requests. Lowy and Jaffe filed administrative appeals. After hearing nothing further from the agencies, Lowy and Jaffe filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  5. Save the Yellowstone Grizzly v. United States Department of Interior, Fish and Wildlife Service (filed Nov 16, 2022)
    Save the Yellowstone Grizzly submitted a FOIA request to the Department of Interior for records concerning five incidents involving the killing or relocation of grizzly bears. SYG also requested a fee waiver. The agency acknowledged receipt of the request. The agency granted SYG’s request for a fee waiver. However, after hearing nothing further from the agency, SYG filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  6. Texas Public Policy Foundation v. United States Department of State (filed Nov 16, 2022)
    Texas Public Policy Foundation submitted a FOIOA request to the Department of State for records concerning the agency’s efforts to support the 2030 Nationally Determined Contribution emissions standard. The agency acknowledged receipt of the request and told TPPF that it would not be able to meet the 20-day time limit for responding. After hearing nothing further from the agency, TPPF filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  7. Texas Public Policy Foundation v. United States Department of Energy (filed Nov 16, 2022)
    The Texas Public Policy Foundation submitted a FOIA request to the Department of Energy for records concerning the agency’s efforts to support the 2030 Nationally Determined Contribution emissions standard. The agency also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, TPPF filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  8. Texas Public Policy Foundation v. United States Department of Commerce (filed Nov 16, 2022)
    Texas Public Policy Foundation submitted a FOIA request to the Department of Commerce for records concerning the agency’s efforts to support the 2030 Nationally Determined Contribution emissions standard target. TPPF also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, TPPF filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  9. MIKHASHOV v. DEPARTMENT OF DEFENSE et al (filed Nov 14, 2022)
    Andrey Mikhashov submitted FOIA requests to the Department of the Army for records concerning himself. The Army acknowledged receipt of the request. The Army disclosed some records with redactions under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). After hearing nothing further from the agency, Mikhashov filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
  10. ZUMMER v. U.S. DEPARTMENT OF JUSTICE (filed Nov 15, 2022)
    Michael Zimmer submitted FOIA requests to the Department of Justice for records concerning its Morel prosecution. The agency acknowledged receipt of the requests. The agency denied both requests under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Zimmer filed administrative appeals of the denials. After hearing nothing further from the agency, Zimmer filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  11. Tri-Valley CAREs v. United States Department of Energy/National Nuclear Security Administration (filed Nov 16, 2022)
    Tri-Valley Communities Against a Radioactive Environment submitted eight FOIA requests to the Department of Energy and the National Nuclear Security Administration for records concerning an incident at Lawrence Livermore Laboratory that involved missing radioactive material. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Tri-Valley Communities filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  12. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Nov 16, 2022)
    Judicial Watch submitted a FOIA request to the Air Force Academy for records concerning materials for teaching critical race theory. 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
  13. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Nov 16, 2022)
    Citizens for Responsibility and Ethics in Washington submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning contracts or agreements between the agency and GEO Group or Core Civic. CREW also requested a fee waiver. The agency acknowledged receipt of the request. The agency told CREW that its request was pending. After hearing nothing further from the agency, CREW filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  14. Brodsky v. Federal Bureau of Investigations (filed Nov 18, 2022)
    Joel Brodsky submitted a FOIA request to the FBI for records concerning himself, including his work as a confidential informant. The agency acknowledged receipt of the request. The agency told Brodsky that it found no responsive records. Brodsky filed an administrative appeal and the Office of Information Policy remanded the case for searching. Brodsky was contacted by a special agent to discuss his role as a confidential source. However, after the agency failed to respond, Brodsky filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
  15. Zakarneh v. USCIS et al (filed Nov 18, 2022)
    Tareq Zakarneh submitted FOIA requests to U.S. Citizenship and Immigration Services for records about himself. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Zakarneh filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
  16. Rhoades v. United States Army Corps of Engineers (filed Nov 18, 2022)
    William Rhoades submitted a FOIA request to U.S. Army Corps of Engineers for records concerning Permit #81-0479. The agency acknowledged receipt and told Rhoades the records had probably been destroyed based on routine destruction schedules. However, after hearing nothing further from the agency, Rhoades filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees

From → FOIA, PACER

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