ENERGY POLICY ADVOCATES v. SECURITIES AND EXCHANGE COMMISSION and 14 other new FOIA lawsuits, plus case descriptions

We have added 140 documents from 15 FOIA cases filed between April 30, 2023 and May 6, 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. ENERGY POLICY ADVOCATES v. SECURITIES AND EXCHANGE COMMISSION (filed May 3, 2023)
   Energy Policy Advocates submitted a FOIA request to the Securities and Exchange Commission for records concerning email correspondence involving SEC’s Office of Ethics Counsel over two discrete periods of time sent to or from one former senior SEC official which correspondence included a single specified keyword. The agency acknowledged receipt of the request. The agency asked EPA for clarification, which was provided. After hearing nothing further from the agency, EPA filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed May 1, 2023)
   The Heritage Foundation submitted a FOIA request to the Department of Homeland Security for records concerning the Alien File for Prince Harry, the Duke of Sussex. The request also asked for a fee waiver and expedited processing. The agency acknowledged receipt of the request. U.S. Customs and Border Protection invoked a Glomar response neither confirming nor denying the existence of records because the Heritage Foundation had not provided a third-party authorization. U.S. Citizenship and Immigration Services told the Heritage Foundation that it was having difficulty locating Prince Harry’s Alien File. After hearing nothing further from the agencies, the Heritage Foundation filed suit.
   Issues: Fees, Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. BADER FAMILY FOUNDATION v. OFFICE OF SCIENCE AND TECHNOLOGY POLICY et al (filed May 1, 2023)
   The Bader Family Foundation submitted FOIA requests to the Office of Science and Technology Policy and the National Science Foundation. Its request to OSTP asked for communications with the Interagency Working Group on Indigenous Knowledge. The agency acknowledged receipt of the request. The request to the NSF also asked for records concerning communications with the Interagency Working Group on Indigenous Knowledge. The agency acknowledged receipt of that request as well but after hearing nothing further from the agency, BFF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. CATO INSTITUTE v. U.S. CUSTOMS AND BORDER PROTECTION et al (filed May 1, 2023)
   The Cato Institute submitted a FOIA request to U.S. Customs and Border Protection for records concerning the number of times CBP personnel were deployed to a state or locality for law enforcement operations involving public demonstrations absent a direct request for assistance from state or local officials. The Cato Institute also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Cato Institute filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. EXELA PHARMA SCIENCES, LLC v. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed May 2, 2023)
   Excela Pharma Sciences submitted two FOIA requests to the Department Health and Human Services. Its first request asked for records regarding the development and publication of the December 2022 Draft Guidance. Excela also asked for expedited processing. The agency acknowledged receipt of the request. The agency denied Excela’s request for expedited processing. Excela’s second request asked for records relating to ANDA 213073, ANDA 214082, and ANDA 209994. Excela also asked for expedited processing. The agency acknowledged receipt of the request and denied Excela’s request for expedited processing. After hearing nothing further on either request, Excela filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. WHITE v. U.S. DEPARTMENT OF STATE (filed May 3, 2023)
   William White, an immigration attorney, submitted FOIA requests to the Department of State for records. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, White filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. ABBAS v. U.S. DEPARTMENT OF STATE (filed May 4, 2023)
   Riadh Abbas submitted a FOIA request to the Department of State for records concerning himself. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Abbas filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
8. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed May 5, 2023)
   American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning wild horses and wild burros that discuss or describe any returns to the BLM after the agency had previously adopted out these wild horses or burros to members of the public. The agency acknowledged receipt of the request and asked AWHC to clarify the scope of its request. AWHC provided clarification but after hearing nothing further from the agency, AWHC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. Meta Pharmacy Savannah, LLC, v. The Center for Medicare and Medicaid Services et al (filed May 4, 2023)
   Meta Pharmacy Savannah submitted FOIA requests to the Centers for Medicare and Medicaid Services, the Office of the Inspector General for the Department of Health and Human Services, the Department of Justice, and the OMB for records concerning the suspension of payments to the pharmacy for reimbursement of the cost of COVID-19 test kits. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, Meta Pharmacy Savannah filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. CATO INSTITUTE v. U.S. DEPARTMENT OF JUSTICE (filed May 1, 2023)
    The Cato Institute submitted three FOIA requests to the Department of Justice for records concerning a memo from acting DEA Administrator Timothy Shear to the Deputy Attorney General titled Drug Enforcement Administration Request for Temporary Designation of Non-Title 21 Authority. The Cato Institute also requested expediting processing. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Cato Institute filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
11. FUNCTIONAL GOVERNMENT INITIATIVE v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (filed May 1, 2023)
    Functional Government Initiative submitted a FOIA request to the EPA for records concerning communications of certain individuals and organizations, including Frank Biden and his employer, the Berman Law Group. FGI also included a list of keywords for searching. FGI also requested a fee waiver. 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, Litigation – Vaughn index, Litigation – Attorney’s fees
12. Lopez v. US Immigration and Customs Enforcement et al (filed May 3, 2023)
    Juan Lopez submitted two FOIA requests to the Department of Homeland Security for records concerning himself. The agency acknowledged receipt of the requests but after hearing further from the agency, Lopez filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
13. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF STATE (filed May 4, 2023)
    Protect the Public’s Trust submitted four FOIA requests to the Department of State for records concerning Global Engagement Officials. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, PPT filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. TOBIAS v. NATIONAL INSTITUTES OF HEALTH et al (filed May 4, 2023)
    Reporter Jimmy Tobias submitted three FOIA requests to the National Institute of Health for records concerning communications between Anthony Fauci and Hugh Auchincloss, among other topics. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Tobias filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
15. GOVERNMENT ACCOUNTABILITY & OVERSIGHT v. FEDERAL DEPOSIT INSURANCE CORPORATION (filed May 5, 2023)
    Government Accountability and Oversight submitted a FOIA request to the Federal Deposit Insurance Corporation for records concerning email correspondence between FDIC regulators in the immediate days surrounding the collapse of Silicon Valley Bank. GAO also asked for expedited processing. The agency acknowledged receipt of the request and granted GAO’s request for expedited processing. The agency told GAO that its request fell within the unusual circumstances’ exception. After hearing nothing further from the agency, GAO filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees