Pro Publica, Inc. v. National Institutes of Health and 19 other new FOIA lawsuits, plus case descriptions

We have added 110 documents from 18 FOIA cases filed between April 16, 2023 and April 22, 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. Pro Publica, Inc. v. National Institutes of Health (filed Apr 19, 2023)
   Pro Publica submitted a FOIA request to the National Institute of Health for records concerning correspondence sent or received by the NIH employees listed that include specified search terms. Pro Publica also requested expedited processing. NIH acknowledged receipt of the request and asked Pro Publica to narrow its request to receive records more quickly. The agency identified 262 responsive records but after hearing nothing further from the agency, Pro Publica filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. PROTECT THE PUBLIC'S TRUST v. U.S. BUREAU OF LAND MANAGEMENT (filed Apr 17, 2023)
   Protect the Public’s Trust submitted a FOIA request to the Bureau of Land Management for records concerning communications between two agency employees and Somah Haaland from the email address somah.haaland@gmail.com. The agency acknowledged receipt of the request. After hearing nothing further from the agency, PPT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF THE INTERIOR (filed Apr 17, 2023)
   Protect the Public’s Trust submitted a FOIA request to the Department of Interior for records concerning communications between nine named DOI employees and Somah Haaland from the email address somah.haaland@gmail.com. The agency acknowledged receipt of the request. After hearing nothing further from the agency, PPT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
4. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF THE INTERIOR (filed Apr 17, 2023)
   Protect the Public’s Trust submitted a FOIA request to the Department of Interior for records concerning communications between a list of DOI officials involving the movie Our Story: The Indigenous Led Fight to Protect Great Chaco. 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 – Vaughn index, Litigation – Attorney’s fees
5. BADER FAMILY FOUNDATION v. UNITED STATES DEPARTMENT OF STATE (filed Apr 20, 2023)
   The Bader Family Foundation submitted a FOIA request to the Department of State for records concerning communications mentioning the Global Disinformation Index. The agency acknowledged receipt of the request. After hearing nothing further from the agency, BFF filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
6. MID-ATLANTIC INNOCENCE PROJECT v. U.S. DEPARTMENT OF JUSTICE (filed Apr 21, 2023)
   The Mid-Atlantic Innocence Project submitted FOIA requests to the Department of Justice for records concerning Anthony Davis, who was convicted of murder in the District of Columbia and was being represented by MAIP on appeal. MAIP also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, MAIP filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
7. ENERGY POLICY ADVOCATES v. ENVIRONMENTAL PROTECTION AGENCY (filed Apr 21, 2023)
   Energy Policy Advocates submitted a FOIA request to the EPA for records concerning correspondence for four officials containing one or more of four keywords. The agency acknowledged receipt of the request but after hearing nothing further from the agency, EPA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. ENERGY POLICY ADVOCATES v. UNITED STATES DEPARTMENT OF ENERGY (filed Apr 21, 2023)
   Energy Policy Advocates submitted a FOIA request to the Department of Energy for records concerning correspondence with three officials in which the correspondence is with or mentions the email domain of various outside entities including environmental and/or lobbying groups. The agency acknowledged receipt of the request but after hearing nothing further from the agency, EPA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. CENTER FOR IMMIGRATION STUDIES v. U.S. CUSTOMS AND BORDER PROTECTION (filed Apr 21, 2023)
   The Center for Immigration Studies submitted a FOIA request to U.S. Customs and Border Protection for records concerning the total number of foreign nationals who have applied for humanitarian parole using the online CBP-One system since the program’s inception in 2021. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CIS filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. FUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF JUSTICE (filed Apr 21, 2023)
    Functional Government Initiative submitted FOIA requests to the Department of Justice for records concerning the final memo creating the Reproductive Rights Task Force. The agency components acknowledged receipt of the requests. 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. State of Florida et al v. Food and Drug Administration et al (filed Apr 21, 2023)
    The State of Florida submitted a FOIA request to the FDA for records concerning Florida’s SIP proposal. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Florida filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
12. Stalcup v. Federal Bureau of Investigation et al (filed Apr 21, 2023)
    Thomas Stalcup submitted FOIA requests to the FBI and the Navy for records concerning DOD missile tests and the TWA Flight 800 incident. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, Stalcup filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. National Immigrant Justice Center v. Department of Homeland Security (filed Apr 18, 2023)
    The National Immigrant Justice Center submitted a FOIA request to the Department of Homeland Security for records concerning the agreement between DHS and the government of Mexico in which the United States and Mexico agreed to return Venezuelans seeking to enter the United States from Mexico. NIJC also requested expedited processing. The agency acknowledged receipt of the request. NIJC submitted a second FOIA request broadening its first request and asking for expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NIJC filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
14. Kinsella v. Bureau Of Ocean Energy Management et al (filed Apr 19, 2023)
    Simon Kinsella, a resident of Long Island, filed suit against the Bureau of Ocean Management and other government agencies for damages caused by PSAS. While this suit has a FOIA claim it is torts case rather than a FOIA case.
    Issues: FOIA not mentioned
15. Pro Publica, Inc. et al v. Food and Drug Administration (filed Apr 21, 2023)
    Pro Publica and PG Publishing submitted three FOIA requests to the FDA for records concerning periodic status reports submitted to the FDA by several companies. Pro Publica also requested expedited processing. The agency acknowledged receipt of the requests. The agency denied the requests for expedited processing. After hearing nothing further from the agency, Pro Publica and PG Publishing filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. America First Policy Institute v. U.S. Department of Health and Human Services (filed Apr 17, 2023)
    America First Policy Institute submitted four FOIA requests to the Department of Health and Human Services for records concerning the handling of their FOIA requests. The agency acknowledged receipt of the requests. However, when the agency failed to respond appropriately AFPI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. Martinez Rodriguez v. Wolfrey et al (filed Apr 19, 2023)
    Maria del Sagrario Martinez Rodriguez submitted a FOIA request to the Department of Homeland Security for records concerning each of her biometric encounters with the Office of Biometric Identity Management. The agency acknowledged receipt of the request. However, OBIM did not disclose all the encounters requested. Martinez Rodriguez then filed an appeal. The appeal office remanded the case back for further search. However, after hearing nothing further from the agency, Martinez Rodriguez filed suit.
    Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
18. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF DEFENSE (filed Apr 18, 2023)
    Protect the Public’s Trust submitted a FOIA request to the Department of Defense for records concerning waiver provided excusing officials from their obligation under the Biden administration’s ethics pledge. The agency acknowledged receipt of the request. After hearing nothing further from the agency, PPT filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees

In addition, we have added 3 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• Stephenson v. Defendant Placeholder (filed Apr 11, 2023)
• Stephenson v. Defendant Placeholder (filed Apr 11, 2023)