Seife v. United States Department of Energy and 24 other new FOIA lawsuits, plus case descriptions

We have added 136 documents from 18 FOIA cases filed between February 12, 2023 and February 18, 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. Seife v. United States Department of Energy (filed Feb 12, 2023)
   Charles Seife, a professor of journalism at New York University, submitted a FOIA request for records concerning delays at the International Thermonuclear Experimental Reactor. Seife also asked for inclusion in the educational fee category. The agency acknowledged receipt of the request and placed Seife in the educational fee category. After hearing nothing further from the agency, Seife filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. FUNCTIONAL GOVERNMENT INITIATIVE v. FEDERAL TRADE COMMISSION (filed Feb 13, 2023)
   Functional Government Initiative submitted a FOIA request to the Federal Trade Commission for records concerning the investigation of the meat and poultry industries. FGI also requested a fee waiver. The agency acknowledged receipt of the request. The agency indicated that it could not respond within the 20 day time limit. After hearing nothing further from the agency, FGI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Feb 13, 2023)
   Citizens for Responsibility and Ethics in Washington submitted three FOIA requests to the Department of Justice. CREW’s first request was sent to the Executive Office of U.S. Attorneys. The second FOIA request was sent to the Office of Information Policy, and the third request was sent to the FBI. All three requests sought records concerning statement made by former President Donald Trump that he had ordered DOJ personnel to participate in the 2018 election. CREW also asked for a fee waiver. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Texas Public Policy Foundation v. Environmental Protection Agency (EPA) (filed Feb 13, 2023)
   The Texas Public Policy Foundation submitted a FOIA request to the EPA for records concerning EPA was required to submit to OMB in regard to President Biden’s Executive Orders to the Task Force on Scientific Integrity. The agency acknowledged receipt of the request. After hearing nothing further from the agency, TPPF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. PROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. DEPARTMENT OF THE AIR FORCE (filed Feb 14, 2023)
   Project on Government Oversight submitted a FOIA request to the Department of Air Force for records concerning the report from A-10/F-35 Close Air Support Flyoff Tests conducted at the Marine Corps Air Station Yuma. POGO also requested a fee waiver. After hearing nothing further from the agency, POGO filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees
6. AMERICA FIRST LEGAL FOUNDATION v. UNITED STATES DEPARTMENT OF STATE (filed Feb 14, 2023)
   America First Legal Foundation submitted five FOIA requests to the Department of State, the majority of which related to Palestinian terrorists. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, AFL filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
7. International Refugee Assistance Project, Inc. v. United States Citizenship and Immigration Services et al (filed Feb 14, 2023)
   The International Refugee Assistance Project submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning manuals and database schema for RAD Global, ECN, RCM, CAMINO, R-TRACK and other case management software currently used or assessed by the agency. The agency acknowledged receipt of the request. IRAP also submitted a FOIA request to the State Department for records concerning case management software used by the State Department. The agency acknowledged receipt of the request but after hearing nothing further from either agency, IRAP filed suit against both of them.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. KRONICK v. DEPARTMENT OF JUSTICE et al (filed Feb 15, 2023)
   Katie Kronick, an attorney and law professor, submitted six FOIA requests to the Department of Justice and the Bureau of Prisons for records concerning medical records of people who were in BOP’s custody. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Kronick filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. EPISITO v. GOOGLE LLC et al (filed Feb 15, 2023)
   Darlene Esposito, a prisoner, filed suit against Google. This is not a FOIA action.
   Issues: FOIA not mentioned
10. CHILDREN'S HEALTH DEFENSE v. CENTERS FOR DISEASE CONTROL AND PREVENTION (filed Feb 16, 2023)
    Children’s Health Defense submitted two FOIA requests to the Centers for Disease Control for records concerning safety monitoring conducted by the CDC pursuant to the VAERS SOP. The agency acknowledged receipt of the requests. 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
11. REASON FOUNDATION v. FEDERAL BUREAU OF PRISONS et al (filed Feb 16, 2023)
    The Reason Foundation submitted a FOIA request to the Bureau of Prisons for records concerning mortality reviews conducted regarding inmate deaths at FMC Carswell and FMC Aliceville. The agency acknowledged receipt of the request. The agency provided 288 heavily redacted pages pertaining to deaths at FMC Carswell, primarily citing Exemption 5 (privileges). Reason filed an administrative appeal. After hearing nothing further from the agency, Reason filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Crabb v. United States of America (filed Feb 16, 2023)
    Kenton Crabb submitted FOIA requests to the IRS for records concerning his promoter investigation being conducted against him by the agency. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Crabb filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Gutierrez v. United States Customs and Border Protection (filed Feb 17, 2023)
    Raul Gutierrez submitted a FOIA request to U.S. Customs and Border Protection for records concerning an incident in which he was stopped by Border Patrol agents, who accused him of illegal transporting an undocumented person in his vehicle. Although the agents found no illegal activity, his Sentri Trusted Traveler pass was revoked. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gutierrez filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
14. INFORMED CONSENT ACTION NETWORK v. NATIONAL INSTITUTES OF HEALTH (filed Feb 17, 2023)
    Informed Consent Action Network submitted a FOIA request to the National Institute of Health for records concerning emails sent to or from former director Francis Collins between 2014 and the present that contain references to gain of function, Wuhan, etc The agency acknowledged receipt of the request. 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
15. INFORMED CONSENT ACTION NETWORK v. FOOD AND DRUG ADMINISTRATION (filed Feb 17, 2023)
    Informed Consent Action Network submitted two FOIA requests to the FDA for records concerning the dose determination for the Pfizer COVID-19 vaccine. The agency acknowledged receipt of the request and asked ICAN to clarify the scope of its request, which it did. 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
16. WILLKIE FARR & GALLAGHER LLP v. NORIDIAN HEALTHCARE SOLUTIONS JE PART A (filed Feb 17, 2023)
    The law firm of Willkie Farr & Gallagher submitted a FOIA request to Noridian Healthcare Solutions. Noridian did respond and the law firm filed suit. This is not a FOIA action because Noridian is not an agency.
    Issues: FOIA not mentioned
17. Crabtree v. Mayorkas (filed Feb 18, 2023)
    Kevin Crabtree submitted a FOIA request to the Department of Homeland Security for records concerning what evidence established when the underlying benefit application is pending in Immigration Court. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Crabtree filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. Abhyanker v. United States Patent & Trademark Office (filed Feb 18, 2023)
    Raj Abhyanker submitted a FOIA request to U.S. Trademark and Patent Office for records concerning himself under the File Number FP-22-00010. The agency acknowledged receipt of the request. However, after hearing nothing further from the agency, Abhyanker filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees

In addition, we have added 7 documents from 7 cases, with earlier filing dates, that have recently appeared on PACER.

1. WILLIAMS v. DEPARTMENT OF JUSTICE et al (filed Feb 10, 2023)
2. v. HOLLAND & KNIGHT LLP et al (filed Feb 8, 2023)
3. v. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) et al (filed Feb 8, 2023)
4. v. HOLLAND & KNIGHT LLP (filed Feb 8, 2023)
5. v. HOLLAND & KNIGHT LLP et al (filed Feb 8, 2023)
6. v. HOLLAND & KNIGHT LLP et al (filed Feb 8, 2023)
7. WILLIAMS v. U.S. MARSHALS SERVICE et al (filed Feb 6, 2023)