AMERICAN CENTER FOR LAW AND JUSTICE v. FEDERAL BUREAU OF INVESTIGATION and 18 other new FOIA lawsuits

We have added 124 documents from 19 FOIA cases filed between December 11, 2022 and December 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. AMERICAN CENTER FOR LAW AND JUSTICE v. FEDERAL BUREAU OF INVESTIGATION (filed Dec 13, 2022)
   American Center for Law and Justice submitted a FOIA request to the FBI for records concerning the agency’s interactions with social media platforms, including stories about Hunter Biden. The agency acknowledged of the request. The agency invoked a Glomar response neither confirming nor denying the existence of records because of the inclusion of third-party identifiers. ACLJ filed an administrative appeal of the Glomar response. After hearing nothing further from the agency, ACLJ filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. Makki v. United States Citizenship and Immigration Services (filed Dec 15, 2022)
   Refaat Makki submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning any notice sent to Makki in connection to his N-400 Application for Citizenship. The agency acknowledged receipt of the request. The agency disclosed 13 pages, which did not include the notice Makki requested. Makki filed an administrative appeal. The agency remanded the case for further search. After hearing nothing further from the agency, Makki filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. INSTITUTE FOR ENERGY RESEARCH v. UNITED STATES DEPARTMENT OF THE TREASURY (filed Dec 11, 2022)
   The Institute for Energy Research submitted a FOIA request to the Department of Treasury for records concerning certain described correspondence sent to or from named Treasury official. IER also requested a fee waiver. The agency acknowledged receipt of the request. 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. Alvaro Casillas Villarreal v. United States of America (filed Dec 12, 2022)
   Alvaro Casillas Villarreal, a Mexican citizen, submitted a FOIA request to the DEA for records concerning money-laundering charges against him for using too much cash for transactions. After hearing nothing further from the agency, Casillas Villarreal filed suit.
   Issues: Failure to respond within statutory time limit
5. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES FISH AND WILDLIFE SERVICE (filed Dec 12, 2022)
   Professional Employees for Environmental Responsibility submitted a FOIA request for records concerning a current grant or contract agreement for Wildlife and Sport Fish Restoration Program funding for any state agency in Alaska. PEER also asked for a fee waiver. The agency acknowledged receipt of the request. The agency granted PEER’s its request for a fee waiver. After hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. LOS PADRES FORESTWATCH v. U.S. FOREST SERVICE (filed Dec 12, 2022)
   Los Padres Forestwatch submitted FOIA requests to U.S. Forest Service for records concerning a proposal to clear vegetation and wildlife habitat across more than 235,000 acres of Los Padres National Forest. LPF’s FOIA requests asked for expedited processing and a fee waiver. The agency acknowledged receipt of the requests. The agency responded fully to some of LPF’s requests but after hearing nothing further from the agency, LPF filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. AYALA ARGUETA et al v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Dec 12, 2022)
   Jose Ayala Argueta submitted a FOIA request to the Executive Office for Immigration Review for records concerning Ayala Argueta. The agency acknowledged receipt of the request. The agency invoked a 10-day extension in which to respond. After hearing nothing further from the agency, Ayala Argueta filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. FUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF TRANSPORTATION (filed Dec 12, 2022)
   Functional Government Initiative submitted a FOIA request to the Department of Transportation for records concerning meetings of the Supply Chain Disruptions Task Force. The agency acknowledged receipt of the request 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
9. PEBBLE LIMITED PARTNERSHIP v. UNITED STATES DEPARTMENT OF THE ARMY (filed Dec 12, 2022)
   Pebble Limited Partnership submitted a FOIA request to the U.S. Army Corps of Engineers for records concerning communications between Department leadership and specific individuals from July 2020 to January 2021. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PLP filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. INSTITUTE FOR ENERGY RESEARCH v. UNITED STATES DEPARTMENT OF THE TREASURY (filed Dec 14, 2022)
    The Institute for Energy Research submitted a FOIA request to the Department of Treasury for records concerning certain described non-email correspondence sent to or from named Treasury officials. IER 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
11. Law Office of Timothy W. Davis, LLC v. Executive Office for Immigration Review (filed Dec 14, 2022)
    Attorney Timothy Davis submitted 104 FOIA requests to the Executive Office for Immigration Review for records concerning the immigration court files for a number of his clients. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Davis filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Block v. U.S. Securities and Exchange Commission (filed Dec 14, 2022)
    Carleton Block submitted FOIA requests to the SEC for records concerning emails sent to or from certain named individuals and certain specific issues. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Block filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
13. Ellis v. National Security Agency et al (filed Dec 14, 2022)
    Michael Ellis submitted two FOIA requests to the National Security Agency for records concerning the reasons why he was not confirmed at the general counsel of the NSA after the Biden administration began. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Ellis filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
14. Justice & Diversity Center of the Bar Association of San Francisco v. Department of Homeland Security et al (filed Dec 15, 2022)
    The Justice & Diversity Center of the Bar Association of San Francisco submitted a FOIA request to the Department of Homeland Security for records Dedicated Docket Program. The agency acknowledged receipt of the request. The agency asked JDC to narrow the scope of its request. JDC did so. However, after hearing nothing further from the agency, JDC filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
15. KHATCHADOURIAN v. FEDERAL BUREAU OF INVESTIGATION et al (filed Dec 15, 2022)
    Raffi Khatchadourian, a journalist, submitted a FOIA request to the FBI for records concerning James Ralph Rose. Khatchadourian also requested a fee waiver and provided proof of death for Rose. The agency acknowledged receipt of the request. The agency told Khatchadourian that it could find no responsive records. Khatchadourian filed an administrative appeal. After hearing nothing further from the agency, Khatchadourian filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
16. LEOPOLD v. U.S. DEPARTMENT OF TREASURY (filed Dec 15, 2022)
    Reporter Jason Leopold submitted two FOIA requests to the Department of the Treasury for records concerning license applications submitted to the Office of Foreign Assets Control since the Russian invasion of Ukraine to do business with sanctioned Russian oligarchs. The agency acknowledged receipt of the request and provided Leopold with 445 lines of data. Leopold then provide OFAC with specific licenses to process. After hearing nothing further from the agency, Leopold filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
17. WELTER et al v. UNITED STATES DEPARTMENT OF THE AIR FORCE (filed Dec 15, 2022)
    Teresa and Paul Welter submitted a FOIA request to the Department of the Air Force for records concerning themselves. The agency acknowledged receipt of the request. The agency provided some records but after hearing nothing further from the agency, the Welters filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
18. Advocates for the West v. Bonneville Power Administration (filed Dec 15, 2022)
    Advocates for the West submitted a FOIA request to the Bonneville Power Administration for records concerning BPA’s relationship with Kintama Research Services. The agency acknowledged receipt of the request. The agency disclosed more than 7,000 pages but withheld 1,172 pages under Exemption 5 (privileges). Advocates for the West filed an administrative appeal. BPA denied the appeal. Advocates of the West then filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
19. MORRISON URENA, L.C. v. UNITED STATES DEPARTMENT OF STATE (filed Dec 16, 2022)
    The immigration law firm of Morrison Urena submitted a FOIA request to the Department of State for records concerning two cables 21 STATE 107294 for developing plans for processing DV applications, and 21 STATE 127630, which expands NIV interview waivers. The law firm requested expedited processing. The agency acknowledged receipt of the request. The agency denied the law firm’s request for expedited processing. After hearing nothing further from the agency, Morrison Urena filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search