BIOLOGICAL DIVERSITY v. U.S. OFFICE OF MANAGEMENT AND BUDGET, et al. and 17 other new FOIA lawsuits

We have added 119 documents from 18 FOIA cases filed between February 19, 2023 and February 25, 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. BIOLOGICAL DIVERSITY v. U.S. OFFICE OF MANAGEMENT AND BUDGET, et al. (filed Feb 21, 2023)
   The Center for Biological Diversity submitted a FOIA request to OMB for records mentioning or including the Office of Information and Regulatory Affairs’ implementation Section (a)(1) of the Endangered Species Act. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CBD filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. WACASER v. UNITED STATES DEPARTMENT OF STATE (filed Feb 20, 2023)
   Lyle Wacaser submitted a FOIA request to the Department of State for records concerning U.S. Passport Applications for an oversea birth of Bodhi Wacaser McGrath, which was submitted by Jacqueline McGrath at Mexico City. The agency acknowledged receipt of the request. The agency disclosed three pages. Wacaser filed an administrative appeal seeking an additional two pages. After hearing nothing further from the agency, Wacaser filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. New York Legal Assistance Group v. United States Department of Education (filed Feb 21, 2023)
   The New York Legal Assistance Group submitted a FOIA request to the Department of Education for records concerning litigation on defaulted federal student loans and the agency’s FOIA practices. NYLAG also requested a fee waiver. The agency acknowledged receipt of the request. The agency provided some records. NYLAG filed an administrative appeal. After hearing nothing further from the agency, NYLAG filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. Berlant v. US Election Assistance Commission (filed Feb 21, 2023)
   Shannon Berlant submitted four FOIA requests to U.S. Election Assistance Commission for records concerning the most recent accreditation for the VSTL SLLC Compliance Division of Gaming Laboratories International. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Berlant filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Feb 22, 2023)
   The Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning labor hours validated in WebTA by FBI special agents assigned to the Washington field office from January 6, 2021 to April 6, 2021. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request. 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
6. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Feb 22, 2023)
   The Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning the ham radio operator’s license for Nellie Ohr, who worked for Fusion GPS when the company was hired by Hillary Clinton in 2016. Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied the request because it was too broad to search. The Heritage Foundation filed an administrative appeal. The agency granted the Heritage Foundation’s appeal and remanded their request for a search. 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
7. AMA Systems, LLC et al v. U.S. Food and Drug Administration et al (filed Feb 22, 2023)
   AMA Systems and Bluemar Promotions filed a FOIA request to the FDA for records concerning Emergency Use Authorization for PPE from various entities. The agency acknowledged receipt of the request. After considerable back and for the with resolving their request, AMA and Bluemar filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. Everson v. United States Department of Justice et al (filed Feb 22, 2023)
   Sabrina Everson, the mother of Bobby Everson, who died in federal prison, submitted a FOIA request to Department of Justice seeking records on her son’s incarceration and death. The agency acknowledged receipt of the request. The agency denied the request entirely on the basis of Exemption 7(A) (interference with ongoing investigation or proceeding). Everson filed an administrative appeal. The Office of Information Policy denied Everson’s appeal and she then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
9. Reclaim the Records et al v. United States Department of State (filed Feb 22, 2023)
   Reclaim the Records submitted a FOIA request to the Department of State for records concerning an index of all birth and death records held by the State Department for the Panama Canal Zone. The agency acknowledged receipt of the request. The agency told Reclaim the Records that its request was being processed but after hearing nothing further from the agency, Reclaim the Records filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. INSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION (filed Feb 23, 2023)
    The Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records. The agency acknowledged receipt of the request. After hearing nothing further from the agency, IEA filed suit.
    Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
11. Reclaim the Records et al v. United States Department of State (filed Feb 23, 2023)
    Reclaim the Records submitted a FOIA request to the Department of State for records concerning a entire copy of Consular Reports of Deaths of U.S. Citizens Abroad from 1975-2018 inclusive. The agency acknowledged receipt of the request. The agency told Reclaim the Records that it would not be able to respond within the statutory time limit. After hearing nothing further from the agency, Reclaim the Records filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. ENERGY POLICY ADVOCATES v. SECURITIES AND EXCHANGE COMMISSION (filed Feb 24, 2023)
    Energy Policy Advocates submitted a FOIA request to the Securities and Exchange Commission for records concerning separation or exit forms submitted by two former SEC Commissioners who left the Commission in 2022. The agency acknowledged receipt of the request. However, after hearing nothing further from the agency, EPA filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. ENERGY POLICY ADVOCATES v. SECURITIES AND EXCHANGE COMMISSION (filed Feb 24, 2023)
    Energy Policy Advocates submitted a FOIA request to the Securities and Exchange Commission for records concerning calendars of one former SEC official over 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
14. ENERGY POLICY ADVOCATES v. SECURITIES AND EXCHANGE COMMISSION (filed Feb 24, 2023)
    Energy Policy Advocates submitted a FOIA request to the Securities and Exchange Commission for records concerning correspondence from three senior SEC officials, which either includes on keyword or was sent to or from one of two specified domains. 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
15. ENERGY POLICY ADVOCATES v. SECURITIES AND EXCHANGE COMMISSION (filed Feb 24, 2023)
    Energy Policy Advocates submitted a FOIA request to the Securities and Exchange Commission for records concerning email correspondence of one former SEC official which correspondence contained one key word or was sent to or from one of two specified domains. The agency acknowledged receipt of the request and took a 10-day extension in which to respond. After hearing nothing further from the agency, EPA filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. AMERICANS FOR PROSPERITY FOUNDATION v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Feb 24, 2023)
    Americans for Prosperity Foundation submitted a FOIA request to the Department of Homeland Security for records concerning emails from Secretary Mayorkas’ personal email account to his official email account. AFPF also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AFPF filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. GOLDEN v. BUREAU OF PRISONS (filed Feb 24, 2023)
    Deborah Golden, an attorney who represents individuals in the custody of BOP, submitted three FOIA requests to the Bureau of Prisons for records concerning her clients in the custody of BOP. Golden also requested expedited processing. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, Golden filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. Lowe v. U.S. Department of Justice (filed Feb 24, 2023)
    Kevin Lowe submitted a FOIA request to the Department of Justice for records concerning his court case. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lowe filed suit.
    Issues: Failure to respond within statutory time limit