HERITAGE FOUNDATION et al v. U.S. ENVIRONMENTAL PROTECTION AGENCY and 14 other new FOIA lawsuits

We have added 86 documents from 12 FOIA cases filed between March 19, 2023 and March 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. HERITAGE FOUNDATION et al v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed Mar 20, 2023)
   The Heritage Foundation submitted a FOIA request to the EPA for records concerning its response to the train derailment in East Palestine, Ohio that caused spillage of toxic chemicals. The Heritage Foundation also requested expedited processing. The agency acknowledged receipt of the request. The agency denied the Heritage Foundation’s request for expedited processing. The Heritage Foundation filed an administrative appeal of the denial of its request for expedited processing. After hearing nothing further from the agency, the Heritage Foundation filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Rasidah Kutbibhai et al v. Executive Office for Immigration Review et al (filed Mar 24, 2023)
   Rasidah Kutbibhai, Noe Diaz Perez, and Wilson Benavente Chan submitted FOIA requests to the Executive Office for Immigration Review for records concerning their immigration status. The agency acknowledged receipt of the requests. However, after hearing nothing further from the agency concerning any of their requests, Kutbibhai, Diaz Perez, and Benavente Chan filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. INFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al (filed Mar 20, 2023)
   Informed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning the Proportional Reporting Ratio analyses performed to identify AEs that are disproportionately reported relative to other AEs. The agency acknowledged receipt of the request. The agency told ICAN that it found no records. 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
4. INFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al (filed Mar 20, 2023)
   Informed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning whether natural immunity to COVID should count in considering whether someone needed to be vaccinated. The agency acknowledged receipt of the request. The agency told ICAN that it could find no records. 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
5. WEI v. U.S. DEPARTMENT OF STATE et al (filed Mar 22, 2023)
   Zhen Wei submitted a FOIA request to the Department of State for records concerning requests for immigration benefits for Wei. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Wei filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. HASSAN v. U.S. DEPARTMENT OF STATE (filed Mar 23, 2023)
   Ali Hage Hassan submitted a FOIA request to the Department of State for records concerning himself. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Hassan filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
7. Heineman v. Hinds et al (filed Mar 24, 2023)
   Dale-Scott Heineman submitted a FOIA request to Executive Office for U.S. Attorneys for records concerning a grand jury concurrence form for a specific indictment. The agency acknowledged receipt of the request and denied the request under Exemption 3, citing Rule 6(e) on grand jury secrecy. Heineman filed an administrative appeal but after hearing nothing further from the agency, Heineman filed suit.
   Issues: Failure to respond within statutory time limit
8. Knight First Amendment Institute at Columbia University v. United States Department of State (filed Mar 24, 2023)
   The Knight First Amendment Institute submitted a FOIA request to the Department of State for records concerning the development or modification of the online platform’s jurisdiction -specific content moderation policies. KFAI also request expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied KFAI’s request for expedited processing and postponed a decision on its fee waiver request. After hearing nothing further from the agency, KFAI filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. ADVANCING AMERICAN FREEDOM et al v. U.S. DEPARTMENT OF JUSTICE (filed Mar 20, 2023)
   Advancing American Freedom and the Heritage Foundation submitted a FOIA request to the Department of Justice for concerning the increased attacks on Catholic symbols in the United States. AAF and the Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request. EOUSA and the FBI both responded by indicating the request was too broad to conduct a search. AAF and the Heritage Foundation then filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
10. FUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 21, 2023)
    Functional Government Initiative submitted a FOIA request to the Department of Health and Human Services for records concerning communications to Secretary Becerra that he recommend receiving a COVID booster shot every two months. FGI also asked for a fee waiver and expedited processing. The agency acknowledged receipt of the request. 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
11. MARTE v. UNITED STATES DEPARTMENT OF LABOR et al (filed Mar 21, 2023)
    Christian Marte submitted a FOIA request to the Department of Labor for records concerning an incident that occurred on June 13, 2018 at the Old Bridge Chemicals/Madison Industries facility in Old Bridge. After the agency failed to acknowledge receipt of the request, Marte filed an administrative appeal. After hearing nothing further from the agency, Marte filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. Hockenberry v. Department of the Army (filed Mar 23, 2023)
    Scott Hockenberry submitted a FOIA request to the Department of Army for records concerning the Line of Duty investigation conducted of him by MDW and completed on or about August 28, 2019. The agency acknowledged receipt of the request and disclosed a heavily redacted copy of the records. Hockenberry filed an administrative appeal but after hearing nothing further from the agency, Hockenberry filed suit.
    Issues: Failure to respond within statutory time limit

In addition, we have added 3 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. Snyder v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Mar 17, 2023)
2. v. Snyder et al (filed Mar 17, 2023)
3. CASE NUMBER NOT USED (filed Mar 16, 2023)