GUN OWNERS OF AMERICA, INC. et al v. DEPARTMENT OF HOMELAND SECURITY et al and 9 other new FOIA lawsuits

We have added 77 documents from 9 FOIA cases filed between January 1, 2023 and January 7, 2023. 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. GUN OWNERS OF AMERICA, INC. et al v. DEPARTMENT OF HOMELAND SECURITY et al (filed Jan 3, 2023)
   Gun Owners of America and Gun Owners Foundation submitted FOIA requests to the Department of Homeland Security and the FBI for records concerning the Intelligence in Depth report entitled Diverse DVE Landscape Probably Will Persist, dated December 30, 2020. The agencies acknowledged receipt of the requests. DHS told GOA that it did not have a copy of the record. After hearing nothing further from the agencies, GOA filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. Burgos-Torres v. Hurd (filed Jan 5, 2023)
   Julio Burgos-Torres, a federal prisoner, submitted a FOIA request to the Department of Justice for records concerning his involvement with the Carolina Boys. The agency acknowledged receipt of the request. The agency disclosed 1126 pages with redactions. Burgos-Torres filed an administrative request. The agency denied his appeal and Burgos-Torres filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search
3. IMMIGRANT INVESTORS ASSOCIATION, INC. v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed Jan 6, 2023)
   The Immigrant Investors Association submitted a FOIA request for records concerning the processing of incoming I-526 and I-829 petitions. The agency acknowledged receipt of the request. After hearing nothing further from the agency, IIA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Koprowski et al v. City of New Orleans (filed Jan 5, 2023)
   Journalist Gene Koprowski requested records regarding the relationship between Lee Harvey Oswald and David Ferrie from the City of New Orleans, citing the JFK Assassination Records Act as the basis for his request. The city located the records but told Koprowski that the records were damaged by Hurricane Katrina and the destroyed by hackers in 2019. Koprowski then filed suit to force the city to disclose records.
   Issues: Failure to respond within statutory time limit
5. ENERGY POLICY ADVOCATES v. DEPARTMENT OF THE TREASURY (filed Jan 1, 2023)
   Energy Policy Advocates submitted a FOIA request to the Department of Treasury for records concerning non-email communications sent to or from four White House climate aides over a specified period of time. EPA also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, EPA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. ZUMMER v. U.S. DEPARTMENT OF JUSTICE (filed Jan 3, 2023)
   Michael Zimmer, a former FBI agent, submitted a FOIA request to the Department of Justice for records concerning the investigation of Michael Turlich’s business transactions during the BP oil spill in 2010. The agency acknowledged receipt of the request. The agency issued a Glomar response, neither denying nor confirming the existence of records. Zimmer filed an administrative appeal but after hearing nothing further from the agency, Zimmer filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. CENTER FOR BIOLOGICAL DIVERSITY v. FEDERAL EMERGENCY MANAGEMENT AGENCY et al (filed Jan 4, 2023)
   The Center for Biological Diversity submitted a FOIA request to the Federal Emergency Management Agency for records concerning the agency’s transition from fossil fuels to renewable energy sources. The agency acknowledged receipt of the request and asked CBD to clarify portions of its request. CBD clarified the request. After hearing nothing further from the agency, CBD filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. CIZEK v. DEPARTMENT OF DEFENSE et al (filed Jan 4, 2023)
   Curt Cizek, a former chaplain with the Air Force, submitted a FOIA request to the Department of Defense for records concerning his separation for the service because of his failure to be made major. The agency acknowledged receipt of the request. The agency disclosed records with redactions. Cizek filed an administrative appeal, but after hearing nothing further from the agency, Cizek filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Bender v. U.S. Department of Transportation et al (filed Jan 6, 2023)
   Raymond Bender submitted FOIA requests to the Federal Aviation Administration for records. The agency acknowledged receipt of the requests and provided records in response some request, withholding records under various exemptions. Bender filed administrative appeals, but dissatisfied with the agency’s responses, Bender filed suit.
   Issues: Failure to respond within statutory time limit

In addition, we have added 1 document from 1 case, with an earlier filing date, that has recently appeared on PACER.

• Lovelace v. Department of Justice (filed Dec 29, 2022)