BLOOMBERG L.P. v. U.S. DEPARTMENT OF STATE and 23 other new FOIA lawsuits, plus case descriptions

We have added 218 documents from 24 FOIA cases filed between May 14, 2023 and May 20, 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. BLOOMBERG L.P. v. U.S. DEPARTMENT OF STATE (filed May 19, 2023)
   Bloomberg, L.P. submitted four FOIA requests to the Department of State for records on a variety of topics. The agency acknowledged request of the requests but after hearing nothing further from the agency, Bloomberg, L.P. filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. BADER FAMILY FOUNDATION v. UNITED STATES SMALL BUSINESS ADMINISTRATION (filed May 15, 2023)
   The Bader Family Foundation submitted a FOIA request to U.S. Small Business Administration for records concerning allegations that the agency discriminated against disabled contractors. BFF also requested a fee waiver. The agency acknowledged receipt of the request. The agency responded to the request and provided records with exemptions under Exemption 2 (internal practices and procedures) and Exemption 6 (invasion of privacy). BFF filed an administrative appeal. After hearing nothing further from the agency, BFF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. SAN FRANCISCO INTERNATIONAL ARTS FESTIVAL v. UNITED STATES COAST GUARD (filed May 15, 2023)
   The San Francisco International Arts Festival submitted a FOIA request to U.S. Coast Guard for records concerning email communications with USCG customer representative Ricardo Ricoma in April and May 2020 wherein SFIAF was relieved of a decade old debt it had with USCG. The agency acknowledged receipt of the request but after hearing nothing further from the agency, SFIAF filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. BIDDLE v. U.S. DEPARTMENT OF DEFENSE (filed May 16, 2023)
   Sam Biddle, a journalist, submitted a FOIA request to the Department of Defense for records pertaining to the Algorithmic Warfare Cross-Functional Team’s use of Google technology between January 1, 2017 and March 6, 2018. Biddle also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied the request, primarily under Exemption 3 (other statutes), claiming the records involved critical infrastructure information. Biddle filed an administrative appeal. The agency provided a second decision on the initial request and denied the records again. After hearing nothing further from the agency, Biddle filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
5. POWER THE FUTURE v. US ENVIRONMENTAL PROTECTION AGENCY (filed May 16, 2023)
   Power the Future submitted a FOIA request to the EPA for records concerning email correspondence between five named EPA Region IV officials and six named email domains of environmental pressure groups. After hearing nothing from the agency, Power the Future filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. Malone v. United States Patent and Trademark Office (filed May 16, 2023)
   John Malone submitted two FOIA requests to U.S. Patent and Trademark Office. Malone’s first request asked for records concerning Billjco Inter Parties Review Proceedings. The agency acknowledged receipt of the request and told Malone that the records would cost $483 in fees. Malone paid the fee but heard nothing further from the agency. His second request asked for records on the Centripetal Inter Parties Review Proceedings. The agency acknowledged receipt of that request and charged Malone $1,307 in fees. Malone paid the fee but after hearing nothing from the agency concerning either request, Malone filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. POWER THE FUTURE v. ENVIRONMENTAL PROTECTION AGENCY (filed May 17, 2023)
   Power the Future submitted a FOIA request for records concerning emails between three named EPA Region II officials and nine email domains of environmental pressure groups. The agency acknowledged receipt of the request and told Power the Future that unusual circumstances prevented it from responding on time. After hearing nothing further from the agency, Power the Future filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed May 17, 2023)
   American Oversight submitted a FOIA request to the Department of Homeland Security for records concerning communications sent to or from a list of conservative immigration activists. The agency acknowledged receipt of the request. American Oversight contacted DHS to amend its request. However, after hearing Nothing further from the agency, American Oversight filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF THE TREASURY (filed May 17, 2023)
   Judicial Watch submitted a FOIA request to the Department of Treasury for records concerning communications between the Financial Stability Oversight Council and Silicon Valley Bank and/or Signature Bank. The agency acknowledged receipt of the request. The agency told Judicial Watch that it would no responsive records. Judicial Watch filed an administrative appeal. Its appeal was denied by the agency. Judicial Watch then submitted a FOIA request to the Office of Financia Research for the same type of communications between OFR and the two banks. The agency acknowledged receipt of that request but 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
10. CENTER FOR IMMIGRATION STUDIES v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES et al (filed May 17, 2023)
    Center for Immigration Studies submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning contracts between the Office of the Immigration Detention Ombudsman and/or USCIS or DHS’s Office for Civil Rights and Civil Liberties. 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 – Vaughn index, Litigation – Attorney’s fees
11. SLAUGHTER v. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (filed May 17, 2023)
    Dustin Slaughter, a journalist, submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning Unidentified Aerial Phenomena and Unidentified Undersea Phenomena. The agency acknowledged receipt of the request and told Slaughter that it had no responsive records. Slaughter filed an administrative appeal. After hearing nothing further from the agency, Slaughter filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
12. Friends of Animals v. National Marine Fisheries Service et al (filed May 17, 2023)
    Friends of Animals submitted a FOIA request to the National Marine Fisheries Service for records concerning the deaths of baby beluga whales at Mystic Aquarium. The agency acknowledged receipt of the request. The agency disclosed more than 300 pages but partially redacted five pages under Exemption 4 (commercial and confidential). FOA filed an administrative appeal. FOA also submitted a FOIA request to the Animal and Plant Health Inspection Service for records on the baby beluga deaths at Mystic Aquarium. The agency acknowledged that request and withheld records under Exemption 7 (A) (interference with ongoing investigation or proceeding). FOA filed an administrative appeal but after hearing nothing further from either agency, FOA filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. aviation services llc et al v. Small Business Administration (filed May 17, 2023)
    Aviation Services and CIG Development, LLC submitted a FOIA request to U.S. Small Business Administration for records concerning the company’s application under the CARES Act. The agency acknowledged receipt of the request. The agency disclosed responsive records with redactions. Aviation Services filed an administrative appeal of the redactions. Aviation Services then submitted a FOIA request for records concerning CIG Development’s CARES Act application. The agency acknowledged receipt of the request. The agency disclosed records but withheld many under Exemption 5 (privileges). Aviation Services filed an administrative appeal of that decision. After hearing nothing further from the agency concerning its appeals, Aviation Services filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
14. Muhunga et al v. Jaddou (filed May 17, 2023)
    Marius Musuku Muhunga submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the Alien Files for two minors. After hearing nothing further from the agency, Muhunga filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. Cohen v. National Guard Bureau (filed May 18, 2023)
    Jonathan Cohen submitted two FOIA requests to the National Guard Bureau for records concerning an NCB document. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Cohen filed suit.
    Issues: Failure to respond within statutory time limit
16. Cohen v. United States Coast Guard (filed May 18, 2023)
    Jonathan Cohen submitted FOIA requests to U.S. Coast Guard for environmental records. The agency acknowledged receipt of the requests. When the agency failed to respond, Cohen filed an administrative appeal. After hearing nothing from the agency, Cohen filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
17. Cohen v. Federal Aviation Administration (filed May 18, 2023)
    Jonathan Cohen submitted a FOIA request to the Federal Aviation Administration for records. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Cohen filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
18. AMERICANS FOR PROSPERITY FOUNDATION v. U.S. DEPARTMENT OF COMMERCE et al (filed May 18, 2023)
    Americans for Prosperity Foundation submitted two FOIA requests to the National Institute of Standards and Technology. AFPF’s first request asked for communications concerning the spending of CHIPS funds and a list of keywords. AFPF also asked for a fee waiver. The agency acknowledged receipt of the request. AFPF’s second request asked for records concerning communications that included CHIPS and a list of keywords. AFPF also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency concerning either request, AFPF filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
19. POWER THE FUTURE v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed May 18, 2023)
    Power the Future submitted a FOIA request to the EPA for records concerning email correspondence between seven named EPA Region VI appointees and four named email domains of environmental pressure groups. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Power the Future filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
20. POWER THE FUTURE v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed May 18, 2023)
    Power the Future submitted a FOIA request to the EPA for records concerning email correspondence of three named EPA Region VIII officials and eight named email domains of environmental pressure groups. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Power the Future filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
21. Honolulu Civil Beat Inc. v. Federal Bureau of Investigation (filed May 18, 2023)
    Honolulu Civil Beat submitted a FOIA request to the FBI for records concerning criminal charges brought against Ty J.K. Cullen from September 2014 to February 15, 2022. The FBI acknowledged receipt of the request. The FBI denied the request under Exemption 7(C) (invasion of privacy concerning law enforcement records). Civil Beat filed an administrative appeal to the Office of Information Policy. OIP upheld the FBI’s denial. Civil Beat submitted a second FOIA request to the FBI for records on the investigation of former State Senator Jamie Kalani English for accepting a bribe. The agency acknowledged receipt of that request but denied it under Exemption 6 (invasion of privacy) and Exemption 7(C). Civil Beat filed an administrative appeal to OIP. OIP upheld the agency’s denial. Civil Beat then filed suit.
    Issues: Litigation – Attorney’s fees
22. JUDICIAL WATCH, INC. v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed May 19, 2023)
    Judicial Watch submitted a FOIA request to the National Archives and Records Administration for records concerning communications from former Vice President Joe Biden concerning his family and their business affairs. The agency acknowledged receipt of the request but 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
23. AMERICAN CENTER FOR LAW & JUSTICE v. UNITED STATES OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (filed May 19, 2023)
    American Center for Law and Justice submitted a FOIA request to the Office of Director of National Intelligence for records concerning its decision to release unclassified emails by former ODNI director Ric Grenell and current ODNI director Avril Haines. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ACLJ filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
24. THE ESTATE OF ATTORNEY SIMON M BUENAVENTURA v. EXECUTIVE OFFICE OF THE PRESIDENT et al (filed May 19, 2023)
    The Estate of Simon Buenaventura sued the government for veterans benefits pertaining the Buenaventura’s service as a Filipino fighter in Word Wart II. This is not a FOIA case.
    Issues: FOIA not mentioned