BIERLY v. DEPARTMENT OF DEFENSE et al and 11 other new FOIA lawsuits, plus case descriptions

We have added 81 documents from 12 FOIA cases filed between August 13, 2023 and August 19, 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. BIERLY v. DEPARTMENT OF DEFENSE et al (filed Aug 16, 2023)
   Grant Bierly submitted FOIA requests to the Department Defense for records concerning the suspension of his security clearance. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Bierly filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. US Right to Know v. U.S. Department of Health and Human Services et al (filed Aug 14, 2023)
   U.S. Right to Know submitted two FOIA requests to the Centers for Disease Control for records. The first FOIA request asked for records concerning government efforts to understand the origins of the 2014-2016 Ebola epidemic in West Africa. USTRK also requested a fee waiver. The agency acknowledged receipt of the request. The agency told USTRK that its request was too burdensome to search. USTRK’s second FOIA request to the Department of Health and Human Services for records concerning a former HHS employee. The agency acknowledged receipt of the request. After hearing nothing further from the agency pertaining to either request, USTRK filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
3. POWER THE FUTURE v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed Aug 16, 2023)
   Power the Future submitted a FOIA request to the EPA for records concerning certain described email correspondence of three named EPA Region X political appointees using one or more of six named email domains of environmental groups. The agency acknowledged receipt of the request. The agency disclosed some records but redacted some records under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Power the Future filed an administrative appeal of two emails redacted under Exemption 5. The agency released one email in full but continued to redact portions of the other email. Power the Future then filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. TSAI v. UNITED STATES OF AMERICA (filed Aug 17, 2023)
   Li-Chien Tsai submitted a FOIA request to the IRS for records concerning his investment in a tax shelter. The agency acknowledged receipt of the request. The agency told Tsai that it could find no responsive records. Tsai filed an administrative appeal. The agency upheld its initial denial. Tsai then filed suit.
   Issues: Litigation – Vaughn index, Litigation – Attorney’s fees
5. DOBKIN v. U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Aug 17, 2023)
   Adin Dobkin, a journalist, submitted a FOIA request to the National Archives and Records Administration for records concerning Albert Bacon Fall, who was investigated by the FBI in 1925 pertaining to allegations that he had sent a money transfer to Mexican nationals to launch raids into the United States. The agency acknowledged receipt of the request and told Dobkin in had located 862 responsive pages and if Dobkin could narrow the scope of the request to come below 700 pages, it would take 39 months to process. After hearing nothing further from the agency, Dobkin filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Aug 18, 2023)
   Judicial Watch submitted two FOIA requests to the National Institute of Health for records. The first request asked for records concerning grant applications received for the Faculty Institutional Recruitment for Sustainable Transformation program. The second FOIA request asked for records concerning written evaluations for the NIH Distinguished Scholars Program. The agency acknowledged receipt of both requests but after hearing nothing further from the agency concerning either request, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. Malone v. United States Patent and Trademark Office (filed Aug 15, 2023)
   Josh Malone submitted a FOIA request to U.S. Patent and Trademark Office for records. The agency acknowledged receipt of the request. The agency originally charged Malone $1,830 in fees, which he paid. However, the fees were returned when the agency agreed to process the request without fees. However, after hearing nothing further from the agency, Malone filed suit.
   Issues: Failure to respond within statutory time limit, Fees – Commitment to pay, Litigation – Attorney’s fees
8. MUHLE v. U.S. DEPARTMENT OF JUSTICE et al (filed Aug 14, 2023)
   Steven Muhle submitted a FOIA request to the FBI for records concerning his job application file. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Muhle filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF JUSTICE (filed Aug 15, 2023)
   Protect the Public’s Trust submitted a FOIA request to the Department of Justice for records concerning public comments the lodging of a consent decree for a Superfund clean-up site in New Jersey. 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
10. PROTECT THE PUBLIC'S TRUST v. U.S. FOOD AND DRUG ADMINISTRATION (filed Aug 16, 2023)
    Protect the Public’s Trust submitted two FOIA requests to the FDA for records. The first FOIA request asked for records concerning communications between a list of FDA officials and a list of advocacy groups. The agency acknowledged receipt of the request. The second FOIA request asked for communications between a list of advocacy groups and named officials at the FDA. The agency acknowledged receipt of the request. After hearing nothing further from the agency pertaining to either request, PPT filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
11. AUERBACH v. UNITED STATES FOOD AND DRUG ADMINISTRATION (filed Aug 16, 2023)
    Daniel Auerbach submitted a FOIA request to the FDA for records concerning communications regarding the distribution or sale of Intermectin. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Auerbach filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index
12. Schmitz v. United States Air Force et al (filed Aug 17, 2023)
    Valerie Schmitz submitted a FOIA request to the Department of the Air Force for records related to the death of First Lieutenant David Schmitz. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Schmitz filed an administrative appeal of the denial. After hearing nothing further from the agency, Schmitz filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees