Wilderness Watch v. United States Bureau of Land Management and 8 other new FOIA lawsuits, plus case descriptions

We have added 68 documents from 9 FOIA cases filed between January 15, 2023 and January 21, 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. Wilderness Watch v. United States Bureau of Land Management (filed Jan 18, 2023)
   Wilderness Watch submitted a FOIA request to the Bureau of Land Management for records concerning examples of grazing-related motorized use authorizations from the last ten years. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Wilderness Watch filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. FIX THE COURT v. DEPARTMENT OF JUSTICE (filed Jan 17, 2023)
   Fix the Court submitted a FOIA request to U.S. Marshals Service for records concerning Request for Special Assignment Resources reports prepared for travel taken and events atte4nded by Supreme Court Justices to which they are accompanied by U.S. Marshals Service personnel between Jan. 1, 2018 and Sept. 30, 2022. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Fix the Court filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. DOWNS LAW GROUP, P.A. v. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH (filed Jan 18, 2023)
   The Downs Law Group submitted a FOIA request to the National Institute for Safety and Health for records concerning the document Medical Pre-Placement Evaluation for Workers Engaged in Deep Horizon Response. The Downs Law Group also requested expedited processing. The agency acknowledged receipt of the request. The agency denied the Law Group’s request for expedited processing. The agency located 722 pages of responsive records. It withheld 167 pages in full and 153 pages in part, under Exemption 4 (commercial and confidential), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). The agency also charged $92.00 in fees. Downs Law Group filed an administrative appeal but after hearing nothing further from the agency, the Downs Law Group filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. PROTECT THE PUBLIC'S TRUST v. U.S. GEOLOGICAL SURVEY (filed Jan 18, 2023)
   Protect the Public’s Trust submitted two FOIA requests to U.S. Geological Survey for records. The first request concerned grants provided to the Wuhan Laboratory by the agency. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PPT filed an administrative appeal challenging the agency’s search. The second request asked for five types of records held by USGS National Wildlife Health Center. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PPT filed suit on both requests.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
5. CENTER FOR FOOD SAFETY v. ENVIRONMENTAL PROTECTION AGENCY (filed Jan 19, 2023)
   The Center for Food Safety submitted a FOIA request to the EPA for records concerning communications between the EPA and the CDC regarding fungal resistance as a result of fungicides registered under federal law. The agency acknowledged receipt of the request and told CFS that it was working on responding to the request. However, after hearing nothing further from the agency, CFS filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
6. SKYWRITER COMMUNICATIONS, INC. v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Jan 20, 2023)
   Skywriter Communications submitted a FOIA request to the National Archives and Records Administration for records concerning the kidnapping and murder of U.S. Ambassador to Afghanistan Adolph Dubs in 1980. The agency acknowledged receipt of the request. To process the request included declassification of records. After hearing nothing further from the agency, Skywriter filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. INSTITUTE FOR ENERGY RESEARCH v. DEPARTMENT OF THE TREASURY et al (filed Jan 20, 2023)
   The Institute for Energy Research submitted FOIA requests to the IRS for records concerning communications sent to or from IRS officials working in policy-oriented positions. IER also asked for 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
8. Martin v. USA Gov (filed Jan 20, 2023)
   Cheryl Martin sued the U.S. Government. This is not a FOIA case.
   Issues: FOIA not mentioned
9. Empower Oversight Whistleblowers & Research v. Department of Justice (filed Jan 20, 2023)
   Empower Oversight Whistleblowers & Research submitted a FOIA request to the Department of Justice for records concerning processing and response to congressional correspondence regarding Al Jazeera. The agency acknowledged receipt of the request. After hearing nothing further from the agency, EOWR filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees