The New York Times Company et al v. Department of Defense and 16 other new FOIA lawsuits, plus case descriptions

We have added 134 documents from 16 FOIA cases filed between January 22, 2023 and January 28, 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. The New York Times Company et al v. Department of Defense (filed Jan 23, 2023)
   The New York Times submitted a FOIA request to the Department of Defense for records concerning the agency’s after-action report on the withdrawal from Afghanistan. The agency acknowledged receipt of the request and indicate that it would respond. After hearing nothing further from the agency, the New York Times filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. Pistorino v. U.S. Department of Health and Human Services (filed Jan 25, 2023)
   James Pistorino, an attorney who litigates matters before the department, submitted a FOA request to the Department of Health and Human Services for records concerning Medicare initial claim approvals or denials for the years 2021-2022. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Pistorino filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Pistorino v. U.S. Department of Health and Human Services (filed Jan 25, 2023)
   James Pistorino, an attorney who litigates matters before department, submitted a FOA request to the Department of Health and Human Services for records concerning Medicare initial claim approvals or denials for the years 2021-2022. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Pistorino filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. HAYCOX v. U.S. DEPARTMENT OF THE TREASURY (filed Jan 25, 2023)
   Robert Haycox submitted a FOIA request to the Department of Treasury for records concerning himself. The agency acknowledged receipt of the request but after hearing nothing further from the agency Haycox filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. TOWER v. UNITED STATES CUSTOMS AND BORDER PROTECTION (filed Jan 25, 2023)
   Andrew Tower, a Customs and Border Protection agent, submitted a FOIA request to U.S. Customs and Border Protection for records concerning why the union was continuing to deduct dues from his paycheck. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Tower filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. AMERICANS FOR PROSPERITY FOUNDATION v. U.S. DEPARTMENT OF ENERGY et al (filed Jan 25, 2023)
   Americans for Prosperity Foundation submitted a FOIA requests to the Department of Energy and the Department of State for records concerning whether or not the Strategic Petroleum Reserve was used for political purposes in trying to control the price of oil. AFPF also requested a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, AFPF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. CENTER FOR FOOD SAFETY v. ENVIRONMENTAL PROTECTION AGENCY (filed Jan 25, 2023)
   The Center for Food Safety submitted two FOIA requests to the EPA for records concerning communications between the agency and federal partners regarding difenoconazole’s potential contribution to the development of triazole resistance in medical settings. CFS also requested a fee waiver. The agency acknowledged receipt of the requests and asked CFS to narrow the scope of its requests. After hearing nothing further from the agency, CFS filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. JUDICIAL WATCH v. U.S. DEPARTMENT OF DEFENSE (filed Jan 25, 2023)
   Judicial Watch submitted a FOIA request to the Department of Defense for records concerning communications concerning the Marines that were standing behind President Biden during his September speech in Philadelphia. The agency acknowledged receipt of the record, 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
9. INFORMED CONSENT ACTION NETWORK v. FOOD AND DRUG ADMINISTRATION (filed Jan 25, 2023)
   Informed Consent Action Network submitted a FOIA request to the FDA for records concerning Empirical Bayesian data mining and Empirical Bayesian Geometric Means. The agency acknowledged receipt of the request. The agency denied the request under Exemption 5 (privileges). ICAN filed an administrative appeal, but after hearing nothing further from the agency, ICAN filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. US Right to Know v. Defense Threat Reduction Agency et al (filed Jan 25, 2023)
    U.S. Right to Know submitted a FOIA request to the Defense Threat Reduction Agency for records concerning the threats of COVID-19. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, U.S. Right to Know filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. CHILDREN'S HEALTH DEFENSE v. FOOD AND DRUG ADMINISTRATION (filed Jan 26, 2023)
    Children’s Health Defense submitted to FOIA requests to the FDA for records concerning safety monitoring conducted by the FDA pursuant to the VAERS SOP. CHD also requested a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, CHD filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
12. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF DEFENSE et al (filed Jan 26, 2023)
    Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Defense for records concerning a report by Col. Earl Matthews, Staff Judge Advocate for the Commanding General of the District of Columbia refuting a report from the Office of the Inspector General that the actions taken by DOD in relation to calling out the D.C. National Guard to the Capitol Building were appropriate. The Matthews report alleged that then Gen. Charles Flynn had spoken with is brother, former Lt. Gen. Michael Flynn about calling up the National Guard. CREW asked for a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, CREW filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. PROTECT THE PUBLIC'S TRUST v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Jan 26, 2023)
    Protect the Public’s Trust submitted a FOIA request to the National Archives and Records Administration for records concerning communications with Debra Steidel Wall, the Acting Archivist and anyone with an address ending in who.eop.gov. The agency acknowledged receipt of the request but 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
14. HERITAGE FOUNDATION et al v. U.S. SECURITIES AND EXCHANGE COMMISSION (filed Jan 27, 2023)
    The Heritage Foundation submitted FOIA requests to the Securities and Exchange Commission for records concerning emails related the Proposed Climate Disclosure Rule. The agency acknowledged receipt of the request but after hearing nothing from the agency, the Heritage Foundation file suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
15. Denver v. United States Coast Guard (filed Jan 27, 2023)
    Ryan Denver submitted a FOIA request to the U.S. Coast Guard for records concerning the repair of Boston Main Channel Light 5. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Denver filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. Christensen v. National Center for Missing and Exploited Children (filed Jan 27, 2023)
    Stephen Christensen submitted FOIA requests to the National Center for Missing Children for 11 images uploaded to the system. The agency did not acknowledge receipt of the requests but after hearing nothing further from the agency, Christensen filed suit.
    Issues: Failure to respond within statutory time limit

In addition, we have added 2 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• DONOGHUE v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION et al (filed Jan 17, 2023)