AMERICA FIRST LEGAL FOUNDATION v. U.S. FOOD AND DRUG ADMINISTRATION and 26 other new FOIA lawsuits

We have added 193 documents from 27 FOIA cases filed between February 26, 2023 and March 4, 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. AMERICA FIRST LEGAL FOUNDATION v. U.S. FOOD AND DRUG ADMINISTRATION (filed Feb 27, 2023)
   America First Legal Foundation submitted a FOIA request for records concerning the off-label use of puberty blockers and cross-sex hormones in children. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AFL filed suit.
   Issues: Litigation – Vaughn index, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. FUNCTIONAL GOVERNMENT INITIATIVE v. UNITED STATES DEPARTMENT OF AGRICULTURE (filed Feb 27, 2023)
   Functional Government Initiative submitted two FOIA requests to the Department of Agriculture for records concerning the application by the U.S. Forest service to the Bureau of Land Management to initiate a 20-year mineral withdrawal of approximately 234,000 acres of federal land in the Superior National Forest. FGI also requested a fee waiver. The agency acknowledged of the receipt. The agency granted FGI media status for fee purposes. However, after hearing nothing further from the agency, FGI filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
3. RIGSBY v. DEPARTMENT OF STATE (filed Feb 27, 2023)
   Mark Rigsby submitted a FOIA request to the Department of State for records concerning specific portions of form DS-2003 (Notification of Appointment of Foreign Diplomatic Officer and Career Consular Officer) and form DS-2008 (Notification of Termination of Diplomatic, Consular or Foreign Government Employment) which had been previously submitted to the agency on behalf of representatives of the Islamic Republic of Afghanistan. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Rigby filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. MONEYGRAM INTERNATIONAL, INC. v. CONSUMER FINANCIAL PROTECTION BUREAU (filed Feb 27, 2023)
   Moneygram International submitted a FOIA request to the Consumer Financial Protection Bureau of records concerning communications between the agency pertaining to Moneygram International and that involved various named public interest groups. The agency acknowledged receipt of the request and asked Moneygram International if it would narrow the scope of its request because the original search criteria was too broad and returned too many false hits. The agency provided a final response to Moneygram’s request and withheld all the records under Exemption 5 (privileges),Exemption 7(A) (interference with ongoing investigation or proceeding) and Exemption 8 (bank examination records). Moneygram filed an administrative appeal of the agency’s denial. However, after hearing nothing further from the agency, Moneygram filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
5. Reclaim the Records et al v. United States Department of State (filed Feb 27, 2023)
   Reclaim the Records submitted a FOIA request to the Department of State for records concerning an extract of all information for deceased passport holders maintained in the passport database. The database starts in 1978 and runs to the present. The agency did not acknowledged the request and did not respond. Reclaim the Records then filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
6. Lassiter v. The Federal Government (filed Feb 27, 2023)
   Julian Lassiter tried find information about his inheritance which he claimed was worth a trillion dollars. This is not a FOIA case.
   Issues: FOIA not mentioned
7. Friends of Newport Harbor v. United States Army Corps of Engineers et al (filed Feb 28, 2023)
   Friends of Newport Harbor submitted a FOIA request to U.S. Army Corps of Engineers for records concerning the Confined Aquatic Disposal Facility and maintenance dredging projects in Newport Beach, California. Friends of Newport Harbor also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Friends of Newport Harbor filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, aqttorney’s fees, Public Interest Fee Waiver
8. Friends of Newport Harbor v. United States Army Corps of Engineers et al (filed Feb 28, 2023)
   Friends of Newport Harbor submitted a FOIA request to U.S. Army Corps of Engineers for records concerning the Confined Aquatic Disposal Facility and maintenance dredging projects in Newport Beach, California. Friends of Newport Harbor also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Friends of Newport Harbor filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
9. PROTECT THE PUBLIC'S TRUST v. U.S. CONSUMER FINANCIAL PROTECTION BUREAU (filed Feb 28, 2023)
   Protect the Public’s Trust submitted a FOIA request to the Consumer Financial Protection Bureau for records concerning ethics waivers given to political appointees of the Biden administration. 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 – Attorney’s fees
10. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Feb 28, 2023)
    Judicial Watch submitted a FOIA request to the Department of Homeland Security for records concerning communications to or from Chris Krebs and other senior officials at the Cybersecurity Information Security Agency pertaining to four specific topics. 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
11. O'DONNELL v. U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT (filed Feb 28, 2023)
    Christopher O’Donnell submitted a FOIA request to U.S. Agency for International Development for records concerning the entry date of each new Foreign Service Officer in the Class of 2022. The agency acknowledged receipt of the request but after hearing nothing further from the agency, O’Donnell filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Coretti v. U.S. Customs and Border Protection et al (filed Feb 28, 2023)
    Luigi Coretti submitted a FOIA request to U.S. Customs and Border Protection for records concerning an incident in which he was detained at the U.S./Canadian border. The agency acknowledged of the request and provided Coretti with three heavily redacted pages. Coretti’s attorney had further discussions with agency but did not file an administrative. Coretti then filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
13. EL KHAZMY v. U.S. CUSTOMS AND BORDER PROTECTION (filed Mar 1, 2023)
    Ahmed Abubaker el Khazmy submitted a FOIA request to U.S. Customs and Border Protection for records concerning travel and other documents regarding Dr. el Khazmy, particularly documents pertaining to why he was denied boarding for a WestJet flight to Edmonton Alberta. The agency acknowledged receipt of the request but after hearing nothing further from the agency, el Khazmy filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
14. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Mar 1, 2023)
    1. Judicial Watch submitted a FOIA request to Department of Defense for records concerning the investigation referred to in the DOD IG report on p. 42 of its report to Congress in 2020. The agency acknowledged receipt of the request. 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. State of Florida et al v. United States Department of Health and Human Services (filed Mar 1, 2023)
    The State of Florida’s Agency for Health Care Administration submitted a FOIA request to the Department of Health and Human Services for records concerning March 2022 guidance concerning the treatment of Gender Dysphoria for Children and Adolescents. AHCA also requested a fee waiver and expedited processing. The agency acknowledged request of the request and granted AHCA’s request for expedited processing. After hearing nothing further from the agency, AHCA filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
16. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Mar 2, 2023)
    The Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning communications concerning the Obama-Biden era classified records from October 25, 2022 to November 16, 2022. The Heritage Foundation also requested a fee waiver and expedited processing. 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 – Vaughn index, Litigation – Attorney’s fees
17. PROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. DEPARTMENT OF THE INTERIOR (filed Mar 2, 2023)
    The Project of Government Oversight submitted three FOIA requests to the Department of the Interior for records concerning an electronic copy of the Safety and Drilling Related Violations issued since 2011 in search format. POGO also requested inclusion in the news media fee category. The agency acknowledged receipt of the request and granted POGO’s request for inclusion in the news media fee category. POGO also requested two categories of records from the Bureau of Safety and Environmental Enforcement. The agency acknowledged receipt of that request. POGO submitted a third request to the Office of Natural Resources Revenue for records about extractive initiatives during the Trump administration. The agency acknowledged receipt of that request. After hearing nothing further from the agency, POGO filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. AMERICA FIRST LEGAL FOUNDATION v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 2, 2023)
    America First Legal Foundation submitted two FOIA requests to the Department of Health and Human Services for records concerning the Office of Refugee Resettlement care for unaccompanied alien children. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, AFL filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
19. Florence Immigrant & Refugee Rights Project et al v. United States Department of Homeland Security et al (filed Mar 2, 2023)
    Florence Immigrant & Refugee Rights Project submitted a FOIA request to U.S. Customs and Border Protection for records concerning guidance, policies and procedures regarding applications for and adjudication of humanitarian parole. The agency acknowledged receipt of the request. The agency told FIRRP that its request had been closed. FIRRP filed an administrative appeal. The agency granted the appeal and told FIRRP that its request was still open and being processed. After hearing nothing further from the agency, FIRRP filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
20. Southern Environmental Law Center v. United States Fish and Wildlife Service (filed Mar 2, 2023)
    The Southern Environmental Law Center submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning Hexastylis naniflora (dwarf-flowered heartleaf) since May 2011. SELC also requested a fee waiver. The agency acknowledged receipt of the request and granted SELC’s request for a fee waiver. The agency provided an interim response of 284 pages. Because it was an interim response, the agency did not provide SELC with its appeals rights. However, after reviewing the documents, SELC felt they showed the existence of other relevant documents. SELC wrote a comment letter to that point, but after hearing nothing further from the agency, SELC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
21. HERITAGE FOUNDATION et al v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Mar 3, 2023)
    The Heritage Foundation submitted a FOIA request to the National Archives and Records Administration for records concerning communications sent to or from NARA concerning the Obama-Biden classified records. The Heritage Foundation requested a fee waiver and expedited processing. The agency acknowledged receipt of the request and provided the Heritage Foundation with a partial response that included 74 pages with redactions under Exemption 6 (invasion of privacy) and Exemption 7(E) (investigative methods and techniques). The Heritage Foundation concluded the response did not constitute a determination under FOIA and declined to file an administrative appeal, filing suit instead.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
22. ENERGY POLICY ADVOCATES v. CONSUMER PRODUCT SAFETY COMMISSION (filed Mar 3, 2023)
    Energy Policy Advocates submitted a FOIA request to the Consumer Product Safety Commission for records concerning email correspondence of two CPSC officials. EPA also requested a fee waiver. The agency did not acknowledge 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
23. ALEXANDER DIANOPOLIS v. UNITED STATES MARSHALS SERVICE (filed Mar 3, 2023)
    Alexander Dianopolis, an USMS agent, submitted a FOIA request to U.S. Marshals Service for records concerning his integrity reviews, which were cited for the reason the agency had decided to terminate his position. The agency acknowledged receipt of the request and told Dianopolis that it was processing his request. After hearing nothing further from the agency, Dianopolis filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
24. ABBVIE INC. v. INTERNAL REVENUE SERVICE (filed Mar 3, 2023)
    Abbvie, Inc. submitted a FOIA request to the IRS for records concerning four advice opinions referred to as the OCC Advice. The agency acknowledged receipt of the documents. After hearing nothing further from the agency, Abbvie, Inc. filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
25. ABBVIE INC. v. INTERNAL REVENUE SERVICE (filed Mar 3, 2023)
    Abbvie, Inc. submitted a FOIA request to the IRS for records concerning the Break Free issue. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Abbvie, Inc. filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
26. The New York Times Company et al v. Central Intelligence Agency et al (filed Mar 3, 2023)
    New York Times reporter Charlie Savage submitted FOIA requests to the CIA, the Department of State and the Office of the Director of National Intelligence for records concerning briefings requested by former presidents since 1953. The agencies all acknowledged receipt of the requests but after hearing nothing further from the agency, Savage and the New York Times filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
27. Evans v. Office of Personnel Management (filed Mar 3, 2023)
    Al Evans submitted a FOIA request to the Office of Personnel Management for records concerning his retirement package from U.S. Citizenship and Immigration Services. The agency acknowledged receipt of the request but did not treat it as a FOIA request. Evans then filed suit.
    Issues: Failure to respond within statutory time limit