US Right to Know v. National Nuclear Security Administration and 16 other new FOIA lawsuits, plus case descriptions

We have added 94 documents from 17 FOIA cases filed between April 23, 2023 and April 29, 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. US Right to Know v. National Nuclear Security Administration (filed Apr 24, 2023)
   U.S. Right to Know submitted a FOIA request to National Nuclear Security Administration for records concerning intelligence finding or briefings by Lawrence Livermore National Lab related to the origin of COVID-19. The agency acknowledged receipt of the request but after hearing nothing further from the agency, U.S. Right to Know filed suit.
   Issues: Public Interest Fee Waiver, Failure to respond within statutory time limit
2. ENERGY POLICY ADVOCATES v. ENVIRONMENTAL PROTECTION AGENCY (filed Apr 24, 2023)
   Energy Policy Advocates submitted a FOIA request to the EPA for records concerning certain described correspondence from several named officials with or mentioning four email domains of environmental pressure groups over approximately nine months. 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
3. ENERGY POLICY ADVOCATES v. UNITED STATES DEPARTMENT OF ENERGY (filed Apr 24, 2023)
   Energy Policy Advocates submitted a FOIA request to the Department of Energy for records concerning email correspondence for three senior DOE officials over a four-month period of time where the correspondence is with or mentions the email domains of various outside entities including environmental and lobbying groups. 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
4. ENERGY POLICY ADVOCATES v. UNITED STATES DEPARTMENT OF ENERGY (filed Apr 25, 2023)
   Energy Policy Advocates submitted two FOIA requests to the Department of Energy for records concerning email correspondence for three senior DOE officials over a four-month period in which the correspondence is with or mentions officials of various outside entities including electricity reliability and/or lobbying groups. The agency acknowledged receipt of the second request but not the first request. After hearing nothing further from the agency pertaining to either request, EPA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Apr 25, 2023)
   The Heritage Foundation submitted a FOIA request to the FBI for records concerning allegations made by Sen. Charles Grassley pertaining to the alleged politicization of the FBI, particularly in the case of Timothy Thibault, an FBI agent who allegedly was punished for exercising his First Amendment rights. The Heritage Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. However, 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
6. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. NATIONAL PARK SERVICE (filed Apr 25, 2023)
   Professional Employees for Environmental Responsibility submitted a FOIA request to U.S. National Park Service for records concerning agency communications with Darrin Brawley and the Shannon County Sheriff’s Office. PEER also requested a fee waiver. The agency acknowledged receipt of the request. The agency granted PEER’s request for a fee waiver. The agency told PEER that its request was complicated and would take a considerable amount of time to process. PEER volunteered to shorten the period of time for which it had requested records. However, after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE et al (filed Apr 26, 2023)
   Judicial Watch submitted FOIA requests to the FBI for records concerning the use of Facebook’s Content Request Government Reporting System by anyone working for the FBI. The agency acknowledged receipt of the request and issued a Glomar response neither confirming nor denying the existence of records based on Exemption 7(E) (investigative methods or techniques). Judicial Watch filed an administrative appeal of the denial. Judicial Watch also submitted a FOIA request to the Cybersecurity and Information Security Agency, a component of the Department of Homeland Security also seeking records on whether anyone at that agency worked with the Facebook Content Request Government Reporting System. The agency acknowledged receipt of the request. CISA asked Judicial Watch for a time frame for its request. Judicial Watch also submitted a FOIA request to the National Security Division at DOJ for the same kinds of records about the Facebook system. The agency acknowledged receipt of the request. After hearing nothing further from the agencies concerning any of its requests, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
8. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE et al (filed Apr 26, 2023)
   Judicial Watch submitted FOIA requests to the FBI, the Department of Homeland Security, and the Office of the Director of National Intelligence. Judicial Watch asked the FBI for records concerning any meetings between the agency and named employees of Twitter from June 1, 2020 to the present. The agency acknowledged receipt of the request and denied the request under Exemption 6 (invasion of privacy) and Exemption 7 (law enforcement records). Judicial Watch filed an administrative appeal to the Office of Information Policy. Judicial Watch asked the Department of Homeland Security for the same information about meetings with Twitter. The agency acknowledged receipt of the request. The agency took a 10-day extension. Judicial Watch asked ODNI for the same type of records. The agency acknowledged receipt of the request and asked Judicial Watch for clarification. Judicial Watch provided clarification. After hearing nothing further from any of the agencies relating to its requests, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
9. CATHOLICVOTE CIVIC ACTION et al v. FEDERAL BUREAU OF INVESTIGATIONS et al (filed Apr 27, 2023)
   CatholicVote Civic Action and Judicial Watch submitted four FOIA requests to the Federal Bureau of Investigation for records concerning communications of named FBI officials referencing any words on a specific list of keywords. Although the requests were sent to a junk folder, once the FBI learned of their existence, they acknowledged their receipt. The FBI consolidated three requests. CatholicVote then submitted two FOIA requests to the Department of Justice for similar records. DOJ acknowledged receipt of the requests and told CatholicVote that it was aggregating the requests by subject matter. After hearing nothing further from the agencies, CatholicVote filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. DAMING v. DEPARTMENT OF HOMELAND SECURITY et al (filed Apr 27, 2023)
    William Daming submitted FOIA requests to the Department of Homeland Security and the Department of State for records concerning the suspension of his security clearance, first by U.S. Customs and Border Protection, where he had previously worked, and then by the Department of State, where he currently worked. As the result of the suspension of the security clearance, the State Department suspended him without pay. Daming submitted a FOIA to CBP for records about himself. The agency acknowledged receipt of the request but heard nothing further from the agency. Daming also submitted a FOIA request for records about himself from the State Department. The agency acknowledged receipt of the request but after hearing nothing further from either agency, Daming filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
11. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF THE TREASURY et al (filed Apr 27, 2023)
    Judicial Watch submitted FOIA requests to the Department of Treasury, the Federal Deposit Insurance Corporation, and the Federal Reserve. Its request to the Treasury Department asked for records concerning the systematic risk exception granted to Silicon Valley Bank. The agency acknowledged receipt of the request. Its request to the FDIC asked for the same types of records. The FDIC acknowledged receipt of the request. Its request to the Federal Reserve also asked for records on the systematic risk exception granted to SVB. The agency acknowledged that request as well. After hearing nothing further from either agency, Judicial Watch filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
12. RAND v. UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE OF US ATTORNEYS et al (filed Apr 28, 2023)
    Michael Rand, who had been convicted and served his sentence in prison and was currently on probation, filed FOIA requests to the Executive Office for U.S. Attorneys, the FBI, and the SEC for records concerning his conviction. Rand asked for expedited processing. The agencies acknowledged receipt of his requests but denied his request for expedited processing. After hearing nothing further from the agencies, Rand filed suit
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. Rand v. United States Securities and Exchange Commission et al (filed Apr 28, 2023)
    Michael Rand submitted FOIA requests to the Department of Justice and the SEC for records concerning his conviction. He requested expedited processing. The agencies acknowledged receipt of his requests but after hearing nothing further from any of the agencies, Rand filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. American Federation of Government Employees, Local 3369 v. United States Social Security Administration (filed Apr 28, 2023)
    The American Federation of Government Employees, Local 3369 submitted a FOIA request to the Social Security Administration for records concerning the issuance of an Executive Order during the Trump Administration related to parking spaces. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AFGE, Local 3369 filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. BRODIE v. U.S. DEPARTMENT OF STATE (filed Apr 24, 2023)
    Howard Brodie, the owner and operator of the website Reducethebacklog.com, which aims to reduce the backlog of immigrant visas, submitted two FOIA requests to the Department of State. His first request asked for current and historical statistical information regarding the number of immigrant visa applications whose case are documentarily complete and pending interview scheduling. The agency acknowledged receipt of the request. Brodie sent a second FOIA request asking for information regarding the backlog of immigrant visa applications awaiting interviews and the difference in waiting times for consular officers to process non-immigrant visa applications compared to immigrant visa applications. The agency acknowledged receipt of that request. However, after hearing nothing further from the agency, Brodie filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
16. St. Charles Parish et al v. Federal Emergency Management Agency (filed Apr 25, 2023)
    St. Charles Parish submitted a FOIA request t the Federal Emergency Management Agency for records concerning data used to calculate NFIP flood insurance premiums in St. Charles Parish, Louisiana in Risk Rating 2.0. The agency acknowledged receipt of the request and asked St. Charles Parish for clarification. St. Charles Parish provided a clarification. The agency ultimately responded by withholding the responsive records under Exemption 4 (commercial and confidential). St. Charles Parish filed an administrative appeal. The agency indicated it was considering the appeal but after hearing nothing further from the agency, St. Charles Parish filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Apr 26, 2023)
    Judicial Watch submitted a FOIA request to the FBI for records concerning communications between the agency and any social media platform pertaining to the 2020 election. 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