BADER FAMILY FOUNDATION v. UNITED STATES DEPARTMENT OF EDUCATION and 11 other new FOIA lawsuits

We have added 78 documents from 12 FOIA cases filed between April 2, 2023 and April 8, 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. BADER FAMILY FOUNDATION v. UNITED STATES DEPARTMENT OF EDUCATION (filed Apr 6, 2023)
   The Bader Family Foundation submitted a FOIA request to the Department of Education for records concerning Ruth Ryder and a number of educational associations. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Bader Family Foundation filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. Connecticut Veterans Legal Center et al v. Department of Defense (filed Apr 3, 2023)
   Connecticut Veterans Legal Center and Stronghold Freedom Foundation submitted FOIA requests to the Department of Defense for records concerning the toxic chemical exposures of U.S. troops at the previous Soviet base at Karshi-Khanabad in Afghanistan. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Connecticut Veteran Legal Center and the Stronghold Freedom Foundation filed suit.
   Issues: Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
3. MARYLAND TRANSIT OPPORTUNITIES COALITION et al v. FEDERAL HIGHWAY ADMINISTRATION (filed Apr 3, 2023)
   Maryland Transit Opportunities Coalition submitted a FOIA request to the Federal Highway Administration for records concerning the I-495 and I-270 Managed Lane Study. The agency acknowledged receipt of the request and asked MTOC to clarify the request, MTOC provided several clarifications but after hearing nothing further from the agency, MTOC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Apr 4, 2023)
   Judicial Watch submitted a FOIA request to the FBI for records concerning any investigation of an incident in which Hunter Biden’s wife Hallie disposed of a gun in a trash dumpster. The agency acknowledged receipt of the request. The agency then denied the request under Exemption 6 (invasion of privacy) and Exemption 7 (law enforcement records). Judicial Watch filed an administrative appeal. 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
5. INFORMED CONSENT ACTION NETWORK v. NATIONAL INSTITUTES OF HEALTH et al (filed Apr 4, 2023)
   Informed Consent Action Network submitted two FOIA requests to National Institute of Health for records concerning the request to remove data from a referenced article. The agency acknowledged receipt of the request. The agency provided records with redactions under Exemption 6 (invasion of privacy). 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 – Attorney’s fees
6. CENTER FOR BIOLOGICAL DIVERSITY v. UNITED STATES FOREST SERVICE (filed Apr 5, 2023)
   The Center for Biological Diversity submitted a FOIA request to U.S. Forest Service for records concerning the appraisal for the proposed Oak Flat land exchange in southwestern Arizona. The agency acknowledged receipt but after hearing nothing further from the agency, CBD filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. ENVIRONMENTAL PROTECTION AGENCY (filed Apr 5, 2023)
   Public Employees for Environmental Responsibility submitted a FOIA request to the EPA for records concerning referenced strontium-90 tests. PEER also asked for a fee waiver. The agency acknowledged receipt of the request and granted PEER its request for a fee waiver. However, after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. FUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF TRANSPORTATION (filed Apr 6, 2023)
   Functional Government Initiative submitted a FOIA request to the Department of Transportation for records concerning communications to or from anyone in the executive branch concerning whether the Secretary of Transportation or other senior officials planned to visit the East Palestine, Ohio where toxic materials had spilled because of a train derailment. The agency acknowledged receipt of the request but 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
9. BADER FAMILY FOUNDATION v. UNITED STATES DEPARTMENT OF AGRICULTURE (filed Apr 6, 2023)
   The Bader Family Foundation submitted a FOIA request to the Department of Agriculture for records concerning admission that the agency had discriminated against white farmers. The agency acknowledged receipt of the request. BFF narrowed the scope of its request. After hearing nothing further from the agency, BFF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. KITLINSKI v. DRUG ENFORCEMENT ADMINISTRATION (filed Apr 7, 2023)
    Darak Kitlinski submitted a FOIA request to the Drug Enforcement Administration for records concerning emails contained in the email accounts of 11 employees pertaining to Kitlinski. The agency acknowledged receipt of the request but after hearing nothing further from the agency Kitlinski filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Recovery of Costs
11. International Refugee Assistance Project, Inc. v. U.S. Citizenship and Immigration Services (filed Apr 7, 2023)
    The International Refugee Assistance Project submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the evidence USCIS requires of individuals seeking to sponsor CAM parolees and the standard sponsors must meet. IRAP also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. USCIS denied the request for expedited processing but granted the request for a fee waiver. After hearing nothing further from the agency, IRAP filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
12. Cury et al v. United States Department of State et al (filed Apr 3, 2023)
    Julio Cury and Takao Yamada submitted FOIA requests to the Department of State for records concerning why Cory’s non-immigrant visa was revoked. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Cory and Yamada filed suit.
    Issues: Failure to respond within statutory time limit