POWER THE FUTURE v. ENVIRONMENTAL PROTECTION AGENCY et al and 13 other new FOIA lawsuits, plus case descriptions

We have added 109 documents from 13 FOIA cases filed between July 23, 2023 and July 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. POWER THE FUTURE v. ENVIRONMENTAL PROTECTION AGENCY et al (filed Jul 27, 2023)
   Power the Future submitted two FOIA requests to the EPA for records concerning certain described email communications between three named EPA Region VIII political appointees and eight named email domains of environmental pressure groups and/or commercial interests. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Power the Future filed suit.
   Issues: Fees, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. PROTECT THE PUBLIC'S TRUST v. FEDERAL DEPOSIT INSURANCE CORPORATION (filed Jul 26, 2023)
   Protect the Public’s Trust submitted FOIA requests to the Federal Deposit Insurance Corporation for records concerning communications regarding Silicon Valley Bank between a list of FDIC commissioners and officials in the email domain @doe.gov. The agency acknowledged receipt of the requests but after the agency failed to respond completely, PPT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
3. AMERICA FIRST LEGAL FOUNDATION v. FEDERAL BUREAU OF INVESTIGATION et al (filed Jul 26, 2023)
   America First Legal Foundation submitted a FOIA request to the FBI for records concerning the background investigation for Alejandro Mayorkas when he was nominated to head U.S. Citizenship and Immigration Services, and, later, the Department of Homeland Security. AFL also requested expedited processing and argued that Mayorkas’ Privacy Act rights were waived when the reports were sent to Congress. The FBI acknowledged receipt of the request and denied it entirely under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). AFL filed an administrative appeal. The Office of Information Policy denied AFL’s appeal. AFL then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
4. HESLEP v. CHEATLE (filed Jul 26, 2023)
   Jonathan Heslep submitted a FOIA request to the Secret Service for records concerning himself and communications between Heslep and Deputy Assistant Director Michael Merritt. After hearing nothing further from the agency, Heslep filed an administrative appeal. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, Heslep filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. Morris & Dickson Co L L C v. Justice (filed Jul 26, 2023)
   Morris & Dickson Co., LLC, a company that was registered DEA distributor, submitted a FOIA request to the Department of Justice for records concerning communications between the any employee of the DEA and any employee of the Associated Press during the period between January 1, 2023 and the present. AP had gotten information about M&D’s relationship with the DEA that was detrimental to M&D. That information was subsequently published in an article. M&D also requested expedited processing. The agency acknowledged receipt of the request and denied M&D’s request for expedited processing. After hearing nothing further from the agency, M&D filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees
6. University of Washington et al v. Defense Intelligence Agency et al (filed Jul 24, 2023)
   The Center for Human Rights at the University of Washington submitted FOIA requests to the Defense Intelligence Agency for records concerning seeking declassification of documents pertaining to three military operations during the Salvadorean armed conflict. The agency acknowledged and identified a large volume of records at the National Archives. However, after hearing nothing further from the agency, the Center for Human Rights filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
7. Northwest Immigrant Rights Project v. United States Department of Homeland Security et al (filed Jul 28, 2023)
   Northwest Immigrants Rights Project submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning incident records required pursuant to the Performance-Based National Detention Standards including but not limited to a non-exhaustive list of required reporting methods related to a February 1, 2023, complaint. NWIRP also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NWIRP filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. PARTIALLY IMPORTANT PRODUCTIONS LLC v. U.S. DEPARTMENT OF JUSTICE et al (filed Jul 24, 2023)
   Partially Important Productions, a TV production company that produces John Oliver’s show on HBO, submitted FOIA requests to the Department Justice and the Department of Homeland Security for records concerning the use of the song God Bless the USA by government agencies. The agencies acknowledged receipt of the request but after hearing nothing further from the agencies, PIP filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. Johnson v. Occupational Safety & Health Administration (filed Jul 24, 2023)
   Brian Johnson submitted a FOIA request to the Occupational Safety and Health Administration for records concerning an incident in which Johnson was severely injured, requiring the amputation of his left leg. The agency acknowledged receipt of the request. The agency located responsive records but withheld them entirely under Exemption 4 (commercial and confidential), Exemption 5 (privileges), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(D) (confidential sources). Johnson then filed suit.
   Issues: Litigation – Vaughn index, Litigation – Attorney’s fees
10. FUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (filed Jul 25, 2023)
    Functional Government Initiative submitted two FOIA requests. to the Department of Health and Human Services. The first request asked for records about the report submitted by the Reagan-Udall Foundation to the FDA pertaining to the regulation of tobacco products. FGI also requested a fee waiver. The agency acknowledged receipt of the request. FGI’s second FOIA request asked for records pertaining to tobacco and nicotine products manufactured by the 22nd Century Group. FGI also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency concerning either request, FGI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
11. LEPRE v. FEDERAL BUREAU OF INVESTIGATION (filed Jul 25, 2023)
    George Lepre, an author who is writing a book about the Cold War, submitted a FOIA request to the FBI for records concerning Leon Moses Baker. The agency acknowledged receipt of the request. The FBI issued a Glomar response. Lepre filed an administrative appeal with the Office of Information Policy. OIP denied Lepre’s appeal. Lepre then submitted a FOIA request to the agency for records concerning Manfred Bachert. The agency told Lepre that it did not have any records on Bachert. Lepre found an FBI number related to Bachert in the National Archives. He submitted a new request on Bachert. The agency denied the request under Exemption 1 (national security) and Exemption 3 (other statutes). Lepre filed another administrative appeal on his request concerning Bachert, which was also denied. Lepre then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees
12. FUNCTIONAL GOVERNMENT INITIATIVE v. FEDERAL HOUSING FINANCE AGENCY (filed Jul 25, 2023)
    Functional Government Initiative submitted FOIA requests to the Federal Housing Finance Agency for records concerning the analysis of changes to FHA’s loan level pricing adjustments. FGI also requested a fee waiver. The agency acknowledged receipt of the requests 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
13. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. BUREAU OF INDIAN EDUCATION (filed Jul 28, 2023)
    Public Employees for Environmental Responsibility submitted a FOIA request to the Bureau of Indian Education for records concerning an investigation conducted by BIE concerning harassment of cross-country runners at Haskell Indian Nations University. PEER also asked for a fee waiver. The agency acknowledged receipt of the request and granted PEER’s request for a fee waiver. After hearing nothing further from the agency, PEER filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 5 documents from 1 case, with an earlier filing date, that has recently appeared on PACER.

• ZIMMERMAN v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS et al (filed Jul 21, 2023)