Southern Environmental Law Center v. Tennessee Valley Authority (TV2) and 20 other new FOIA lawsuits
We have added 146 documents from 21 FOIA cases filed between January 8, 2023 and January 14, 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.
- Southern Environmental Law Center v. Tennessee Valley Authority (TV2) (filed Jan 12, 2023)
The Southern Environmental Law Center submitted a FOIA request to the Tennessee Valley Authority for records concerning the agency’s understanding of, and actions in response to, Executive Orders 14008 and 13990. The agency acknowledged receipt of the request. TVA disclosed eight documents but withheld 31 documents under Exemption 5 (privileges). SELC filed an administrative appeal of the denial. The agency upheld its denial and SELC filed suit.
Issues: Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. US DEPARTMENT OF JUSTICE (filed Jan 11, 2023)
Judicial Watch submitted a FOIA request to the FBI for records concerning notifications to social media companies pertaining to Russian disinformation and Hunter Biden’s laptop. The agency acknowledged receipt of the request. 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 - DELGADO v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Jan 12, 2023)
Adam Delgado, a retired agent of the Bureau of Alcohol, Tobacco and Firearms, submitted a FOIA request to the FBI for records concerning why he was removed from the joint task force on terrorism at the request of the FBI. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Delgado filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - DELGADO v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Jan 12, 2023)
Adam Delgado, a retired ATF agent and whistleblower, submitted FOIA requests to the Department of Justice, the National Finance Center, and the Department of Agriculture for records concerning his removal from the joint terrorism task force at the request of the FBI. The agencies acknowledged receipt of the request. NFC told Delgado that it had no records while the Bureau of Alcohol, Tobacco and Firearms indicated it had records but would not release them. After hearing nothing further from the agencies, Delgado field suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - TRUESDALE v. UNITED STATES PUBLIC HEALTH SERVICE et al (filed Jan 11, 2023)
Alvin Truesdale, a federal prisoner, submitted a number of FOIA requests to the Bureau of Prisons and other agencies. After hearing nothing further from the agencies, Truesdale filed suit.
Issues: Failure to respond within statutory time limit - INFORMED CONSENT ACTION NETWORK v. FOOD AND DRUG ADMINISTRATION (filed Jan 13, 2023)
Informed Consent Action Network submitted a FOIA request to the FDA for records concerning reports of possible concern shared by the FDA with the CDC pursuant to section 2.5 of the VAERS Standard Operating Procedures for COVID-19. The agency acknowledged receipt of the request. The agency denied the request under Exemption 5 (privileges). ICAN filed an administrative appeal. ICAN submitted a second request for records concerning related to Proportional Reporting Ratio analyses. The agency acknowledged receipt of the request but told ICAN that it found no responsive records. ICAN filed an administrative appeal of that decision as well. After hearing nothing further as to either administrative appeal, ICAN filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jan 13, 2023)
Judicial Watch submitted a FOIA request to the Department of Health and Human Services for records concerning efforts by Alexandria Phillips, Communications Director, Office of the Surgeon General, to contact employees of social media companies concerning COVID-19 vaccines. The agency acknowledged receipt of the request and told Judicial Watch it was processing the request. 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 - AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Jan 13, 2023)
The American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning the BLM’s Comprehensive Animal Welfare Policy assessments of wild horse and burro gathers in Nevada for the period January 1, 2021to the date of the request. The agency acknowledged receipt of the request. The agency told AWHC that the records were already publicly available. AWHC filed an administrative appeal of that decision. The agency upheld its initial decision. AWHC then filed suit.
Issues: Adequacy – Search, Litigation – Attorney’s fees - AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Jan 13, 2023)
The American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning the BLM’s Comprehensive Animal Welfare Policy assessments of wild horse and burro gathers in Nevada for the period January 1, 2021to the date of the request. The agency acknowledged receipt of the request. After hearing nothing further from the agency, AWHC filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Freedom Coalition of Doctors for Choice v. Centers for Disease Control and Prevention (filed Jan 13, 2023)
Freedom Coalition of Doctors for Choice submitted a FOIA request to the Centers for Disease Control for records concerning data obtained from v-safe users from the free text fields within the COVID-19 vaccine v-safe program. FCDC also requested expedited processing. The agency acknowledged receipt of the request. The agency denied FCDC’s request for expedited processing. FCDC filed an administrative appeal challenging the denial of expedited processing. After hearing nothing further from the agency, FCDC filed suit.
Issues: Expedited processing – Compelling Need, Litigation – Attorney’s fees - Greeley v. United States Department of Veteran Affairs (filed Jan 13, 2023)
Lorrie Greeley submitted a FOIA request to the Department of Veterans Affairs for records concerning a construction contract with Walsh Construction Puerto Rico known as the Seismic Corrections, Renovations , VAMC, San Juan, Puerto Rico. The agency acknowledged receipt of the request. However, the agency only provided eight responsive emails. Greeley filed an administrative appeal challenging the low number of document disclosed. After hearing nothing further from the agency, Greeley filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - ENERGY POLICY ADVOCATES v. SECURITIES AND EXCHANGE COMMISSION (filed Jan 9, 2023)
Energy Policy Advocates submitted a FOIA request to the Securities and Exchange Commission for records concerning bills covering the mobile devices of two SEC Commissioners during a specified period of time. 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 - BAKER v. U.S. DEPARTMENT OF STATE (filed Jan 9, 2023)
Karl Baker, a journalist, submitted a FOIA request to the Department of State for records concerning emails sent to or from the staff of the U.S. Embassy in Mexico mention Hunter Biden or related topics during April 2013. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Baker filed an administrative appeal. After hearing nothing further, Baker filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - AMERICAN WILD HORSE CAMPAIGN v. ANIMAL AND PLANT HEALTH INSPECTION SERVICE (filed Jan 9, 2023)
The American Wild Horse Campaign submitted two FOIA requests to the Animal and Plant Health Inspection Service for records concerning international health certificates issued by the agency for equus asinus. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, AWHC filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Milliron v. U.S. Department of Defense et al (filed Jan 9, 2023)
Ryan Milliron submitted FOIA requests to the Department of Defense, the CIA, the FBI, and the Office of the Director of National Intelligence for records concerning issues related to DARPA. The agencies acknowledged receipt f the requests but after failing to respond properly, Milliron filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - JOHNSON v. U.S. CUSTOMS AND BORDER PROTECTION (filed Jan 10, 2023)
Larry Johnson submitted a FOIA request to U.S. Customs and Border Protection for records concerning his interrogation at Port Blaine pertaining to seizure of medication for traumatic brain injury. The agency acknowledged receipt of the request but after the agency failed to respond, Johnson filed suit.
Issues: Failure to respond within statutory time limit - Villatoro Padilla v. U.S. Department of Homeland Security (DHS) (filed Jan 10, 2023)
Jose Padilla, a citizen of Guatemala, submitted a FOIA request to the Department Homeland Security for records concerning his entries and exits from the United States. The agency acknowledged receipt of the request. The agency disclosed three pages with redactions under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(E) (investigative methods and techniques). Padilla filed an administrative appeal. The agency upheld its decision but told the agency to provide an better explanation of the redactions. After hearing nothing further about such an explanation, Padilla filed suit.
Issues: Litigation – Attorney’s fees - CLIMATE INVESTIGATIONS CENTER v. COUNCIL ON ENVIRONMENTAL QUALITY (filed Jan 11, 2023)
The Climate Investigations Center submitted a FOIA request for records concerning the agency’s report on carbon capture. The agency acknowledged receipt of the request. The agency disclosed 207 pages with redactions under Exemption 5 (privileges) and Exemption 6 (invasion of privacy) but indicated that it intended to provide more records. However, after hearing nothing further from the agency, CIC filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF STATE (filed Jan 11, 2023)
Protect the Public’s Trust submitted a FOIA request to the Department of State 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 - INSTITUTE FOR ENERGY RESEARCH v. DEPARTMENT OF THE TREASURY et al (filed Jan 13, 2023)
The Institute for Energy Research submitted two FOIA requests to the IRS for records concerning emails sent to or from IRS staff to industry lobby groups. IER also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied the request on the basis that it contained third-party personal information. IER filed an administrative appeal. IER submitted a second FOIA request for emails sent or received from industry groups or congressional staff. The agency acknowledged of the second request and told IER that it would not respond because it contained third-party information. IER filed an administrative appeal of that request. The IRS responded to the second appeal and denied it. IER then filed suit.
Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees - ENERGY POLICY ADVOCATES v. DEPARTMENT OF THE TREASURY (filed Jan 13, 2023)
Energy Policy Advocates submitted a FOIA request to the Department of Treasury for records concerning Biden transition and campaign correspondence over a specified period of time. EPA also asked for a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, EPA filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
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