The New York Times Company et al v. United States Food & Drug Administration and 19 other new FOIA lawsuits

We have added 148 documents from 18 FOIA cases filed between February 5, 2023 and February 11, 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. United States Food & Drug Administration (filed Feb 6, 2023)
   New York Times reporter Chris Hamby submitted two FOIA requests to the FDA for records concerning the agency’s database for Class II and Class III medical devices. The Times also requested expedited processing. The agency acknowledged receipt of the requests. The agency denied the Times’ request for expedited processing. After hearing nothing further from the agency, the Times filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Feb 6, 2023)
   The Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning the total number of hours validated in WebTA by FBI Special agents assigned to the Washington Field Office from May 31, 2020 to August 31, 2020. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Heritage Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Feb 6, 2023)
   The Heritage Foundation submitted a FOIA request to the FBI for records concerning FBI whistleblower information provided to House Judiciary Committee Republicans suggesting that the FBI and Facebook have a special relationship that may threaten constitutional protections. The agency acknowledged receipt of the request and told the Heritage Foundation that the language of the request did not allow for a search. The Heritage Foundation filed an administrative appeal. After hearing nothing further from the agency, the Heritage Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. Whatley et al v. North Charleston, City of et al (filed Feb 6, 2023)
   Samuel Whatley submitted access requests to the City of North Charleston. This is not FOIA case.
   Issues: FOIA not mentioned
5. Friends of Animals v. United States Bureau of Land Management, The (filed Feb 7, 2023)
   Friends of Animals submitted four FOIA requests to the Bureau of Land Management for records concerning a variety of issues. FOA also requested a fee waiver for each request. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency concerning its requests, FOA filed a pattern or practice claim against the agency.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. PROTECT THE PUBLIC'S TRUST v. INTERNAL REVENUE SERVICE (filed Feb 7, 2023)
   Protect the Public’s Trust submitted a FOIA request to the IRS for records concerning communications between Commissioner Charles Rettig and a number of identified individuals, including Sam Bankman-Fried. The agency acknowledged receipt of the request. The agency told PPT the request was too broad for a search. PPT told the IRS that it believed the request was not too broad. The agency then closed the request for failure to provide information that would enable a search. PPT believed it had exhausted its administrative and filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
7. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Feb 7, 2023)
   The Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning an incident in June 2020 when FBI agents allegedly knelt in solidarity with Black Lives Matters protesters. The agency acknowledged receipt of the request and told the Heritage Foundation that it found no responsive records. The Heritage Foundation filed an administrative appeal. After hearing nothing further from the agency, the Heritage Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
8. KNIGHT, LLP v. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) (filed Feb 8, 2023)
   The law firm of Holland & Knight submitted a FOIA request to Amtrak for records concerning the March 22, 2022 Amtrak Board of Directors resolution entitled Board of Directors Resolution Authorizing the Acquisition of Certain Leasehold interests in Washington Union Station. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Holland & Knight filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. Defending the Republic v. Federal Bureau of Investigation (filed Feb 8, 2023)
   Defending the Republic submitted FOIA requests to the FBI for records concerning emails to or from Assistant Special Agent Elvis Chan from 1/20 to 6/20 containing keywords like Hunter Biden, Facebook, and Donald Trump. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Defend the Republic filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. ENERGY POLICY ADVOCATES v. DEPARTMENT OF THE TREASURY (filed Feb 9, 2023)
    Energy Policy Advocates submitted a FOIA request to the Department of Treasury for records concerning certain email correspondence between Secretary Janet Yellin, Climate Counselor John Morton, and Chief of Staff Didem Niscanci. EPA also requested 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
11. NATIONAL VETERANS LEGAL SERVICES PROGRAM et al v. DEPARTMENT OF THE ARMY OF THE UNITED STATES OF AMERICA (filed Feb 9, 2023)
    National Veterans Legal Services Program and the Connecticut Veterans Legal Center submitted a FOIA request to the Department of Army for records concerning Army Board of Corrections use of advisory opinions when considering applications to correct military records. The agency acknowledged of the request but after hearing nothing further from the agency, NVLSP filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
12. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Feb 9, 2023)
    The Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning an incident in June 2020 when FBI agents allegedly knelt in solidarity with Black Lives Matters protesters. The agency acknowledged receipt of the request and told the Heritage Foundation that it found no responsive records. The Heritage Foundation filed an administrative appeal. After hearing nothing further from the agency, the Heritage Foundation filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
13. FEDERAL PUBLIC DEFENDER, DISTRICT OF NEVADA et al v. U.S. DEPARTMENT OF JUSTICE et al (filed Feb 9, 2023)
    The Federal Public Defender for the District of Nevada submitted a FOIA request to the Department of Justice for records concerning Wesley Paul Coonce, a convicted murderer in federal prison who the Federal Defender’s Office is representing on appeal of his conviction. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Federal Public Defender filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
14. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Feb 10, 2023)
    Judicial Watch submitted a FOIA request to the Department of Homeland Security for records concerning communications related to the work of the Election Integrity Partnership via the Alassian Jira platform between any official of the Cybersecurity and Information Agency. The agency acknowledged receipt of the request 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
15. AMERICA FIRST LEGAL FOUNDATION v. UNITED STATES DEPARTMENT OF JUSTICE (filed Feb 10, 2023)
    America First Legal Foundation submitted FOIA requests to the Department of Justice for records concerning a number of issues. The agency acknowledged receipt of the requests and classified them as complex for processing purposes. AFL protested that designation and narrowed the scope of some requests. After hearing nothing further from the agency, AFL filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
16. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF AGRICULTURE (filed Feb 10, 2023)
    Protect the Public’s Trust submitted a FOIA request to the Department of Agriculture for records concerning communications with a list of liberal public interest groups or institutions. The agency acknowledged receipt of the request. The agency asked PPT to narrow the scope of its 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
17. MORAN v. U.S. DEPARTMENT OF STATE (filed Feb 10, 2023)
    Benedict Moran, a journalist, submitted FOIA requests to the Department of State for records concerning the agency’s knowledge of human rights violations in Rwanda. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Moran filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Adequacy – Search, aqttorney’s fees, Public Interest Fee Waiver, Litigation – Attorney’s fees
18. Horton v. National Instant Criminal Background Check System (filed Feb 10, 2023)
    John Horton submitted a FOIA request to the National Instant Criminal Background Check System for records concerning himself. After hearing nothing further from the agency, Horton filed suit.
    Issues: Failure to respond within statutory time limit

In addition, we have added 2 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• Dawkins v. Federal Bureau of Investigation et al (filed Feb 3, 2023)
• v. Nomlaki Technologies, LLC (filed Feb 1, 2023)